Top 9 Questions About Suing For Personal Injury

We’re the first to admit that navigating Florida’s legal system can be a pain. 

Suing someone after getting injured can be an intimidating, unpleasant prospect. And if you’re also recovering from an injury, a lawsuit can be the last thing you want in your life.

That said, suing for personal injury may be the only way you’ll ever be compensated for medical bills, time lost from work or damages to your car.

If you’re confused about what to do and what to expect, BK Law can help. Here are some of the top questions our clients have about personal injury lawsuits.

If you don’t find the answers you need just ask us and we’ll reach out to you personally as soon as we can.

#1 What is a personal injury case?

Personal injury cases are like a box of chocolates. You never know what you’re going to get. These legal disputes that arise when one person is hurt and someone else might be legally responsible for that harm.

Our firm deals with vehicle accidents (including 18-wheeler truck and motorcycle collisions), slip-and-fall accidents, medical malpractice, product malfunction cases, and even scooter injuries. 

#2 How are these kinds of cases resolved?

Civil courts handle personal injury cases. This is where the plaintiff (people like you) file a claim against the defendant (the party responsible for the accident). Civil court settles the financial damages to which an accident victim is entitled. This is different from a criminal court, where the defendant may receive jail time as a consequence.

#3 How do I know if I have a case for a lawsuit?

If you’ve experienced a catastrophic injury and the accident wasn’t your fault, you may have grounds to sue the person(s) at fault.

But simply being hurt in an accident doesn’t automatically mean that you have a strong case for damages. Each personal injury incident is different (like a box of chocolates) but for the most part, you need to be able to prove:

• Another party was negligent
• Their negligence led to or caused your accident
• The injury resulted in compensatory damages

Compensatory damages include medical bills, damaged personal property, such as your car or bike, and lost wages from being unable to work after the accident. While some plaintiffs may receive “pain and suffering” awards, these are more difficult to put a hard dollar amount on, and harder to prove in court.

Your attorney can go over the facts surrounding the incident with you and give you a realistic idea of the strength of your case. Not being at fault for the accident and proving that another party was negligent are two different things, so having an attorney experienced in establishing negligence and liability is crucial.

#4 How long can I wait to file a personal injury claim?

The sooner you can file, the stronger your case typically is. In Florida, the plaintiff must file any personal injury lawsuit within four years of the incident.

#5 What kind of damages will I receive?

Personal injury settlements are never guaranteed. But based on our track record at BK Law, we have recovered hundreds of millions of dollars on behalf of our clients. 

You may file for past, present, and future damages from your case. This includes medical expenses, both right after the accident and ongoing medical treatment. Back and spine injuries are very common in slip-and-fall accidents or car collisions and often require ongoing physical therapy or chiropractic care. You’re also entitled to claim damages for past, present, and future injuries.

#6 Do I need a lawyer to recover damages?

You don’t have to have a lawyer to settle with an insurance company. So if you’re looking for the fast way out, you can take the settlement they offer.

However, bear in mind that the insurance company is interested in settling the case as fast as possible, for as little money as possible. If the circumstances surrounding your case are complicated, or there’s some question of fault, it can get even more difficult.

Your attorney is on your side, representing your interests. You may not know your options or what your case is truly worth until you consult with a lawyer. On average, plaintiffs who have legal representation typically settle cases faster, receive higher compensation awards, and report being more satisfied with their results than those without a lawyer.

#7 How much will a lawyer cost?

Many Florida personal injury attorneys work on a contingency basis, meaning that they’re paid only if your case settles. They receive a percentage of the award, usually 33-40%. In return, the lawyer pays for any investigators, depositions, and other case preparation expenses.

#8 How can I improve my chances of a settlement?

It’s not enough to simply hire a lawyer and then sit back and wait for a check to arrive. To improve your chances of receiving full compensation, make sure to follow your attorney’s advice and comply with any steps they need you to take to prove your claims. This can include seeing a specialist physician, talking to an investigator, and remaining an involved party to your claim.

#9 Will I have to go to court when suing for Personal Injury?

Personal injury cases are often settled out of court between the injured person’s lawyer and the lawyers for the at-fault party’s insurance company. If both parties can’t come to an agreement on what constitutes fair compensation, the case moves to civil court. 

Each case is different, and your lawyer will let you know if they’re having trouble with the other party. Cases where the circumstances are unclear may end up in court, as do cases where multiple parties are involved, such as a multiple-car accident. 

See Why BKLaw is Florida’s Leading Personal Injury Law Firm

If you’ve been hurt in an accident, navigating the healing process plus the negotiations with an insurance company can be overwhelming. 

Contact BK Law today for a free consultation if you have a personal injury claim. We will discuss a range of factors such as your medical care, the extent of your injuries, the accident that led to this situation, and more. You pay no out-of-pocket fees or costs unless we successfully resolve your claim.