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Understanding the Steps In A Florida Personal Injury Lawsuit

The state of Florida is considered a “no-fault” state. Each motorist is required to carry Personal Injury Protection (PIP) in the amount of $10,000 medical and disability and $5000 in death benefits. If you have been seriously injured in an auto accident through no fault of your own, you know that $10,000 does not go far when it comes to medical issues and since the average funeral is between $7,000 – 10,000, the $5,000 is woefully inadequate. If you have been injured in an accident through no fault of your own, we have provided some information so you can understand the process of filing a personal injury lawsuit.

Consult With A Personal Injury Attorney:

If you were injured in an auto accident that was not your fault the first thing you should do is to get medical treatment. The next step is to contact an experienced personal injury attorney to review your accident to see if you have a valid clam. Most attorneys will provide a free consultation. For your first visit bring any supporting documentation, medical records and notes you have taken about the accident. This includes names and information on witnesses, the police report and photos.

Make Sure You Are Comfortable With The Attorney:

The difference between losing or winning a case is dependent on the right personal injury attorney. You must choose carefully and feel comfortable. It is perfectly acceptable to ask the attorney their level of expertise, success rate and any other questions you may have. Be cautious about an attorney who will during your interview promise how much money you can expect. A good personal injury attorney will review your case first, before making promises they cannot keep.

How Personal Injury Attorneys Get Paid:

You may be thinking “I can’t afford an attorney, especially with these medical bills!”. The majority of personal injury attorneys will not charge you unless you win your lawsuit. This is called a “contingency” basis. If you do settle or win your suit and are awarded money, your attorney will charge you a percentage of your compensation, usually 25-40%. Before you sign anything, make sure you are aware of the exact fee.

Settling Your Case:

Once you have hired an attorney, you can sit back and heal. Your personal injury attorney will keep you up to date on all negotiations and developments. Most personal injury claims, especially auto accidents are resolved out of court. In fact 95-96% of all personal injury cases are settled before a trial. Your attorney will inform you about any offers and will give his opinion if you should accept it. Remember! Most insurance companies have multiple lawyers whose only job it is, is to get you to settle at a lower price. Once the insurance company has found out you are being represented, they often try to settle quickly as insurance companies are not well liked by juries. If all else fails, you may have to go to trial.

Going To Trial:

If your case should go to trial your personal injury attorney will present their side to the judge or jury. Then the person at fault (defendant) will present their defense. After both sides have presented their case the judge or jury will determine if the defendant is liable and if they are, how much in damages they must pay you.

Be sure your personal injury attorney has the expertise and proven track record like the attorneys at Justice Pays. With over $500 million collected in settlements and verdicts, our law team is known throughout Florida as a force to be reckoned with. You deserve to be compensated for your pain and suffering. Call us today for a free consultation.

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

Understanding the Steps In A Florida Personal Injury Lawsuit

Goldman Babboni Fernandez
Murphy & Walsh

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