11 Common Questions about Personal Injury Cases

If you’ve been involved in an accident or injury and are considering legal action, it’s natural to have questions about the process. Personal injury cases can be complex, but knowing what to expect can help you make informed decisions. Below, we answer 11 of the most common questions about personal injury cases. If you have been involved in an accident due to negligence, call Barnes Cohen & Sullivan, the personal injury firm you can trust.

1. What should I do after an auto accident?

   • After an auto accident, your first priority is to ensure your safety.
   • Check for injuries: Assess yourself and others involved for injuries. Call 911 if anyone is hurt.
   • Call the police: A police report is crucial for any personal injury claim.
   • Exchange information: Get the names, contact information, insurance details, and license plate numbers of all parties involved.
   • Document the scene: Take pictures of the vehicles, the location, and any visible damages or injuries.
   • Seek medical attention: Even if you don’t feel injured immediately, some injuries may not appear until later. Be sure to get checked for injuries as soon as possible.
   • Contact your insurance company: Report the accident to your insurer.
   • Consult a personal injury lawyer: An attorney can help you understand your rights and the next steps to take.

2. How do I know if I have a personal injury case?

   • A personal injury claim usually involves harm caused by someone else’s negligence, recklessness, or intentional actions.

     • You were injured due to an accident or incident (e.g. car crash, slip and fall, medical malpractice).
     • Another party’s negligence or actions directly contributed to your injury.
     • You suffered significant physical harm. To know for sure, contact a personal injury attorney at our office who can assess the details of your situation and help determine whether you have a valid case.

3. How long will my case take?

   • The length of a personal injury case varies depending on several factors, such as the complexity of the case, the severity of your injuries, and whether the case goes to trial. On average, personal injury cases can take anywhere from several months to a few years to resolve. Some straightforward cases may settle within 6 to 9 months, while more complicated ones could take longer, especially if they require litigation or a trial.

4. How much is my case worth?

The value of a personal injury case depends on several factors, including:

• Medical expenses: Current and future medical bills.
• Lost wages: Compensation for time missed from work.
• Pain and suffering: Non-economic damages for physical and emotional pain.
• Punitive damages: In rare cases, if the defendant’s actions were especially reckless or malicious. To get an accurate estimate of your case’s value, you’ll need to discuss your situation with an experienced attorney who can assess your injuries and losses.

5. How do contingency fees work?

Most personal injury lawyers work on a contingency fee basis, meaning they only get paid if you win or settle your case. In the state of Florida, cases that do not go to litigation have a base fee of 33% throughout the state. If a case in Florida does go to litigation, fees go up to 40%.  If you don’t win your case, you don’t owe the lawyer any fees, though you may still be responsible for other costs, such as filing fees or expert witness expenses.

6. How often will I get updates?

A reputable lawyer will keep you informed throughout your case. While the frequency of updates depends on the nature of the case, most lawyers will provide updates when there are significant developments, such as when:

• Medical records are reviewed.
• Settlement negotiations progress.
• There is a court date or motion hearing. Be proactive in staying in touch with your lawyer to ask for updates if you haven’t heard from them.

7. What do I do with medical bills sent to me?

If you’re in the process of a personal injury case, medical bills can be tricky. Here’s what you should do:

• Keep track of all medical expenses: Maintain a record of all bills, receipts, and any correspondence from healthcare providers.
• Send bills to your attorney: Your lawyer can help determine whether the bills will be covered by insurance or incorporated into your claim.
• Don’t pay bills until your case is resolved: In many cases, the responsibility for paying medical bills is deferred until your case is settled, but be sure to discuss this with your lawyer.

8. How long do I have to file a personal injury claim?

The statute of limitations in Florida is two (2) years. However, in order to receive all PIP benefits, you must see a doctor within two (2) weeks of the incident.

9. Will my personal injury case go to trial?

Not all personal injury cases go to trial. In fact, most are resolved through settlement negotiations. However, if the parties cannot reach a fair settlement, the case may go to trial. The likelihood of going to trial depends on factors such as:

• The strength of the evidence.
• The willingness of the opposing party to settle.
• The complexity of the legal issues involved. Even if your case does go to trial, most personal injury lawyers are skilled at negotiating settlements to avoid the lengthy and costly trial process.

10. What is considered a personal injury case?

A personal injury case refers to a legal dispute that arises when one person suffers harm due to another party’s actions or negligence. Common examples of personal injury cases include:

• Car accidents
• Slip and fall incidents
• Medical malpractice
• Product liability
• Workplace injuries
• Defamation Personal injury law covers a wide range of injuries, from physical harm to emotional distress.

11. What is the average settlement for a personal injury case?

There is no “average” settlement amount because every personal injury case is unique. Settlement amounts depend on the severity of the injury, the impact on the victim’s life, and the degree of liability. Working with an experienced lawyer will give you a better idea of what your specific case might be worth.

1. Personal injury cases can be complicated, but understanding the process and your rights will help you make informed decisions. If you or someone you know is dealing with a personal injury, consulting a lawyer can ensure your case is handled professionally and that you receive the compensation you deserve. Call Barnes Cohen & Sullivan for a free consultation.