The content on this site is for broad information and facts only. This website should
NOT be used as legal counsel for any specific case or area. This information is simply
not meant to generate, and bill or even observing will not represent, an attorney-
The verdicts and settlements from this website are intended to seem representative of instances dealt with by the The Orlando Personal Injury Lawyer Group. All these entries are definitely not guaranteed or a prediction on the results of any claims.
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The Orlando Personal Injury Lawyer understands that there is usually a considerable
amount of questions in regarding personal injury claims. Most people have never had
to deal with anything like this nor do they have the required experience to understand
what they up against. It is because of this, we have created a simple frequently
asked questions area to provided answers for our clients with commonly asked questions.
We recommend you look over this prior to contacting us at 407-
PERSONAL INJURY CLAIM QUESTIONS:
In short, yes, you do. In the United States there is a "statute of limitations" and it varies state by state. There’s a four year statute of limitations on personal injury claims in Florida, involving negligence with the exception of the discovery rule. Personal injury has a 4 year limit. Medical malpractice, 2 years from the date of the act giving rise to injury, or within two years from the date the injury was or should have been detected, but no malpractice action may be commenced more than four years following the act giving rise to the injury. So how does this affect you? Well if you are trying to file a personal injury claim, you have a fairly small area of opportunity to act. Use what time you do have to get the ball rolling.
Negligent behavior is the exact opposition of how a reasonable and normal person would behave. If someone does not behave like a “average reasonable person” and doesn’t meet what is acceptable behavior by modern society, they could be found negligent. It is up to the selected jury during a trial to determine if a behavior was truly negligent and if the particular actions of the defendant follow the standard.
Take advantage of an experienced legal council and representation from a lawyer who has a record of success with winning large settlements for personal injury cases. Insurance companies far too often use nefarious tactics to deny or reduce legitimate claims. An attorney has the ability to fight for your valid right to compensation. Our law firm at The Orlando Personal Injury Lawyer has served the Orlando community since 2008; we have the expertise available to help you in your time of need.
We have seen all sorts of low ball settlement offers by insurance companies. If the insurance company offers your a settlement soon after an accident, you can usually assume that it is much lower than what you could receive if you had the help of an Orlando personal injury lawyer. It is for this reason we highly recommend you DO NOT accept any sort of settlement without speaking to a knowledgeable law firm.
Letting the other side look at your medical records almost always ends with a significantly lower settlement. Until you obtain proper legal council, you should not even talk with the insurance company, much less let them look at your medical records. For example, if they can prove that you had a previous condition prior to the accident, it can be held against you. Never grant the insurance company access to your private medical records.
It really depends on the claim, especially if you are still taking in medical bills. Simple claims with a blatant liability my take only a few months to finish up. Complicated claims where the liable persons make a clear effort to avoid paying, are generally more complex. Big companies make use of large attorney groups to fight a sizable claim. This is why it is essential to have an attorney that has a positive record and experience when taking on these kinds of cases.
We can still file a personal injury protection claim for benefits even if the accident was another drivers fault. If you do have PIP insurance, the insurance company should pay 80% of the victim’s medical bills and 60% of lost wages up to $10,000 no matter who is at fault. This should only come into effect if the negligent person who caused the accident does not have insurance or was underinsured.
Every case is different. If the client is still recovering from injuries we will want to prolong the case until we know how much the final bills will cost. No Orlando accident attorney should let a client settle and sign a release form; only to find out they require additional surgery or new medical bills start showing up. The general rule of thumb is most car accident cases finish up in 4 to 8 months. This does fluctuate case by case.
Economic losses directly related to the injury like medical expenses and lost wages are usually paid for with a successful settlement. Compensation is much higher if the injury resulted in a permanent disability as the victim may be compensated for lost future pay. The court will take into account the victim’s probable earning potential if there is no previous record of pay.
Compensation still may be obtained depending on your jurisdiction and how much of the injury was your fault. Generally, a victim’s partial responsibility will result in less compensation. It is noted that there are a few places where compensation cannot be obtained if the victim was partially at fault.
Never sign anything prior to contacting an experienced Orlando personal injury attorney first. We are here to make sure your rights are protected. By signing a release you are removing the ability to recover possible future damages. You may be offered a settlement early only to find out there are more medical costs associated with the injury.
Filing suit is simply the act of filing legal papers at the courthouse. This only happens after all settlement negotiations have been unsuccessful. The insurance companies have found it to be more economical to fight claims then pay them. Filing a suit does not always mean you will be going to court. Many times, personal injury cases are still settled before trial hearing begin. However if your case does go to trial, you can be confident in our ability to fight for you.
This depends on how severe your injuries are, who was at fault, and insurance limits of the negligent person. Since all claims are different it is a good idea to speak with an Orlando Personal Injury Lawyer to get a better idea of how much your claim is worth. We offer free case reviews.
Not a good choice. We may not know the full extent of the damages and costs until a few months after the accident. One of our attorneys can help you estimate the costs of your potential losses.
Fees are based on contingency charges, this means you do not pay anything unless there is a settlement or a winning trial verdict. Most of the time, after we win your case, we charge a percentage fee of the total case recovery, plus legal fees.
“Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property.”