The Florida Personal Injury Guide was created by Victory Law Firm to help injured residents obtain maximum compensation. Call our lawyers for a consultation.
Have you been seriously injured because someone else was acting carelessly or negligently and now you don’t know what to do? We are here for you during this troubling time to help you understand what your rights are and to fight for you to get the full and fair justice you deserve. Our Florida personal injury lawyers are dedicated to helping our clients receive justice and focus on providing you with the same, fair results that we have received for others. Call our office today to set up a free consultation.
Types of Cases We Handle
Personal injury cases can involve a lot of different things. The term ‘personal injury’ is a blanket term that covers a lot of different types of accidents and incidents. Our Florida personal injury lawyers handle many of these cases and we hope you reach out to us if you have experienced one of the following:
- Car accidents
- Truck accidents
- Bus accidents
- Pedestrian accidents
- Bicycle accidents
- Motorcycle accidents
- Boat accidents
- Slip and fall
- Dog attacks
- Medical malpractice
- TBI
- Theme park accidents
- Child injuries
Each of these types of personal injury cases have their own set of details and rules that require specific and focused litigation. You want to make sure that when you hire Florida personal injury lawyers that they have a track record of success with your particular type of injury. You don’t want someone who does solely auto accidents working on your theme park accident case if they’ve never gone up against an insurance company that big before. We hope you reach out to our office to set up a free consultation right away to get to know our lawyers and find out how we can get you justice.
How You Get Justice
When we are pursuing a personal injury case, we are attempting to receive a compensation award from the liable party’s insurance company. This can be received during insurance negotiations or it can be received through a trial by judge and jury, if we cannot come to an agreement outside of the court.
It is important to note that we are going to fight to get you the fullest compensation award that is possible. We will explore all avenues of relief and investigate your case thoroughly so that we know all of the potential liable parties if there are more than one, which can be the case, sometimes.
Your compensation award will be determined based on the evidence and based on how the incident has affected you. The two main types of damages for which will receive compensation are your economic and your non-economic damages.
Economic damages can be categorized as financial losses you’ve suffered because of your involvement in your personal injury case. This can include things like your medical bills, your physical therapy costs, etc. We also collect this type of compensation for any past and future economic damages that you will suffer because of this accident.
When we seek out non-economic damages, we are looking to receive losses that are more subjective. They are all of the ways in which your life has changed since this accident which can include mental anguish, pain and suffering, as well as loss of life quality.
It is important to note that any good Florida personal injury lawyers that are worth their salt will not give you a guaranteed compensation award result the first time they meet you. It’s next to impossible to predict what your case is going to be, especially if we haven’t had a good look at the details surrounding your case. We need to know what your maximum medical recovery will be before we can accurately determine what the value of your case is.
We strongly advise you not to hire any lawyers who claim that they can get you a certain amount of money before they get to know your case thoroughly. Our Florida personal injury lawyers will extensively investigate your case and the circumstances surrounding it in order to accurately give you a case value later down the line. It takes some time, so you have to be patient.
Act Right Away
There are many things that you might not know about personal injury cases before you are involved in an accident and file a suit. For one, many people are unaware that you are held to a legal deadline. We encourage you to reach out as soon as you possibly can to our Florida personal injury lawyers. We wouldn’t want you to miss out on receiving justice simply because you didn’t know that there was a legal deadline.
We encourage you to act as fast as you possibly can for several different reasons. When we are discussing your medical treatment, we hope that you receive it immediately after you’ve been harmed. We don’t want you to end up with worse injuries because you waited to see a doctor after your accident. We also don’t want the insurance company to raise their suspicions against you if you waited to receive medical attention. They might say that because you didn’t get attention from a doctor right away, you lied about how badly you were hurt. They may even try to say that you lied about where you got your injuries. This would allow them to either reduce what they owe you or throw out your claim all together.
We also want you to act urgently to reach out to our Florida personal injury lawyers as these types of cases are time-sensitive. Your evidence can disappear and your witnesses can forget key moments of your accident that could make or break the success of your case. You also don’t want to miss your statute of limitations. In Florida, you have four years from the date of your accident to file your claim. While four years can seem quite a long time, it’s easy to let something like this slip off your radar with all of the responsibilities you have on a daily basis as well as getting treatment for your injuries. We want you to keep this at the forefront of your mind following your accident so you don’t let it slip and let years go by before you reach out to a lawyer. At that point, there is a good chance your evidence is gone. The sooner you act to receive justice the better off you will be. We are hoping to take your call as soon as you can possibly reach out to us to set up your free, first consultation. You deserve justice and we want to provide that for you.
Obstacles in the Way of a Successful Claim
There are several obstacles that could be present in your case that would make it harder for us to be successful. It’s entirely possible, however, to foresee these events and prevent them from affecting you deeply. You do have some control over the success of your case and you need to know what that power is.
First, please understand that you have no legal obligation to talk to the liable party’s insurance company. They will likely reach out to you immediately after your accident or shortly after you’ve been hurt in attempts to receive a recorded statement from you. They will ask to get a recorded statement from you because they are trained to ask questions that back you into a corner and force you to answer unfavorably. If they simply ask you how you are and you answer that you’re fine, it could seem like an innocuous answer to a general question. The company, however, could say that you specifically told them you were doing fine after your accident and they can twist those words to mean that you were not terribly affected by or hurt in this accident. You can see how that might be damaging to your case.
The insurance company knows that if they can get you to bear some of the fault for the accident then they can reduce what they are going to end up owing you. They also want to try to find ways to throw out the case altogether, so you should never give them any type of leverage over you. Having your Florida personal injury lawyers handle communication between you and the insurance company is going to provide a buffer of protection for your rights to ensure you have the best chance at justice.
Frequently Asked Personal Injury Questions
Will my personal injury case go to trial in Florida?
A big consideration that we hear from lots of our clients is, “Does my case have to go to trial, or can it settle before that?” The answer is absolutely. In fact, most cases do settle before having to file a lawsuit and prepare to go to trial. However, it is important that you hire an attorney who is capable of taking your case into trial and fighting for you all the way. You never want to take your case to a law firm that takes the first offer and is looking to settle your case quickly so that they can move on to the next.
At the Victory Law Firm, we take every case very seriously and extract the maximum value. Oftentimes we’re able to do that pre-suit, but sometimes we do have to file a lawsuit and prepare to go to trial. Still, at the Victory Law Firm, we prepare every case as if it will go to trial. It’s important that you call us to discuss the specific details about your case.
How do I choose the best personal injury attorney in Florida?
One of the most important questions asked is, “How do I choose a personal injury attorney for my case?” What you want is an attorney who is experienced in personal injury not just on the plaintiff’s side, but also on the defense side. The attorneys at Victory Law Firm have experience working for the insurance companies, so we know how insurance companies view your case, defend your case and value your case.
You want someone who has trial experience, which is critically important. Insurance companies know which attorneys are willing to try your case. The attorneys at the Victory Law Firm have extensive trial experience in personal injury. If you have any questions regarding a personal injury case in Florida, please don’t hesitate to reach out to our law firm.
How can I determine the value of my personal injury case in Florida?
We were just speaking with a client this morning and they’re first question was, “How do I determine the value of my case?” It’s a question we get asked by just about every single one of our clients. The answer is every single case is very specific and unique. The value of a case tends to be tied to how much medical bills there are related to your injuries. Now, that’s just a starting point.
The value of a case from the medical bills can shoot upwards for things like pain and suffering, lost time from work – which includes lost wages – loss of future earning capacity. Perhaps you’ve lost the ability to continue doing what you did before. There are so many other circumstances surrounding your case outside of just what the medical bills are that can raise the value. Consequently, there are things that can lower the value of the case if there’s any fault that could be attributed to you.
Insurance companies use many different methods of trying to reduce the value of your case. It’s our job to do the opposite. It’s critically important that you hire an experienced attorney who has been doing this for a very long time to be able to extract the most value from your case. We highly encourage you to reach out to us directly and contact our firm about your case.
How long does it take to settle a personal injury case in Virginia?
Recently we were talking to a new client and their first question was, “How long is it going to take to settle my case?” Naturally, every case is different. Some settle more quickly than others. The answer to that question depends on the circumstances surrounding your case. Sometimes liability is clear; sometimes it’s not. Insurance companies sometimes take a stricter stance on your case versus others’, so the answer to that question really depends.
Sometimes cases can settle within weeks; sometimes we’re forced to file a lawsuit. Cases that go into litigation can take several months, even several years. It all depends on the specific circumstances surrounding who might be at fault and how much the plaintiff might have contributed to that fault.
Please don’t hesitate to sit down and talk with us about the details of your case. Every case is different, and we need to know the specific facts to be able to answer that question for you. Rest assured, the attorneys at the Victory Law Firm are always pushing cases forward as aggressively and as quickly as possible to try and secure for you a settlement. Please reach out to us to answer any questions you may have.
If I have a pre-existing condition will that impact my case?
Just yesterday we were speaking with a client who asked us how her preexisting physical conditions might affect her new case. Preexisting conditions are one of the ways that insurance companies love to attack your case, and try to devalue your case, and tell you your case is worth less than what it is, and it takes a very skilled and experienced personal injury attorney to navigate those waters.
What we do at the Victory Law Firm is to make sure that the insurance company understands the difference between preexisting conditions and the injuries that you have suffered subsequent to the accident. Insurance companies will try and tie everything to something that has happened before. It is very important that we have a very open relationship with your doctors and are very clear as to what is new and what is not.
Insurance companies will oftentimes hire experts, and it’s important that your attorney be able to hire experts to counter those experts’ testimonies to what might be a preexisting condition. Insurance companies, even if you do have a preexisting condition, have to take you the way you are. They’re not allowed to say, “Well, this all has to do with a prior incident.” If you have a bad back and this accident worsened it, they have to pay for that. They have to take you for what you are not what you could be or should be. It’s a doctrine in Florida called the eggshell plaintiff.
There are many tricks that insurance companies try to do to reduce the value of your case, which is why it’s critically important to talk to an attorney who is skilled and experienced in these matters to handle your case. Do not fear moving forward with the claim because you had a prior claim before, had prior surgeries before, had prior injuries before. It’s not something that’s going to stop you from moving forward with a very successful claim. Please reach out to the Victory Law Firm so we can discuss those types of things further.
Is it possible my case might settle before going to court?
In Orlando, Florida, many cases settle before going to court. Sometimes clients fear the imposition on their life of having to do depositions, go to court, the potential of going to a trial before a judge and jury. A vast majority of cases settle before that happens, but it’s important that you hire an attorney who from the very beginning prepares your case as if you will ultimately have to go to trial. By doing that, the insurance companies know that it’s going to be an uphill battle and that it is in their favor to settle the case before having to incur the expense of battling this out in court.
You should certainly never worry about not moving forward with a case because you worry about being taken to court and the time and expense it takes to do that. A vast majority of cases settle before suit. Certainly at the Victory Law Firm, we push our cases very aggressively. When we settle a case, we settle it for top dollar. The specifics of your case are something that we’d love to discuss, so please reach out to the Victory Law Firm to discuss these types of things further.
Is there a minimum amount of medical bills needed to have a case?
One of the most common questions we get from clients here in Orlando, Florida, is whether they have to have a minimum amount of medical bills in order to have a claim. The answer is absolutely not. There is no minimum or maximum amount; every case is completely different. Oftentimes, as the discovery process goes on in your case, we find out that there are more injuries that you sustained, and medical bills can increase as treatment progresses.
If you have been injured in any way in any claim, do not hesitate to reach out to an attorney because you think the value of your case is not worth it. It takes a good attorney to be able to extract the most value out of your case. Please reach out to the attorneys at the Victory Law Firm right away to discuss your personal injury claim.
What are the potential damages available after a personal injury accident?
Last week we were signing up a client and the one question that they were really pressing us on was what type of damages they could claim for in their accident. It was a very tragic accident.
Every case is different, but certainly you can be compensated for the physical injuries you sustained in the way of medical bills getting paid back. Also, there is a possibility of getting compensated for pain and suffering. This can be a massive recovery depending on how your life has been affected; if you receive a permanent injury, for example, things that you’re going to need to do for the rest of your life to compensate for that injury. There’s also claim for lost wages if you lost time from work, the salary that you’re not able to accrue. Also, the potential to make money in the future, loss of future earning capacity. There are claims that can be made for emotional distress caused by this accident. Sometimes family members might be able to make claims based on your injuries as well.
The specifics of every case are different, and the details are very important. It’s very important that you hire an attorney who is going to turn over every stone and attack every potential claim for you. Please do not hesitate to contact our firm to discuss the details of your case further.
What is the role of the expert witnesses?
We were recently speaking with one of our clients here in Orlando, Florida, and they asked us what the role of an expert witness would be in their case. In personal injury cases, sometimes your attorney will retain an expert. Sometimes that expert will counter the testimony of a medical expert who might say that your injuries are not related to this accident or that your treatment was excessive or not necessary. Sometimes we hire an expert to counter testimony regarding liability – how an accident happened, who might have been at fault.
Experts are critically important to cases because we always prepare our cases as if we are going to trial, even if they do not. Insurance companies either valuate your case or don’t based on what they believe the expert testimony will be taken at jury trial. It’s very important that you hire a law firm who has relationships with these types of experts, who is prepared to hire them to counter the insurance company and their experts. This will help extract the most value from your case. Please, any questions regarding this, do not hesitate to contact our office.
Should I take the first settlement offer from the insurance company?
Here in Orlando, Florida, you will find that insurance companies will attempt to settle cases with clients who are unrepresented by attorneys, and they attempt to do this very quickly, sometimes the same day as the accident. You should never accept a first offer from an insurance company without first speaking with an attorney. Insurance companies know that once an attorney is involved, especially a skilled attorney, that they will have to pay full value of that claim.
Clients oftentimes don’t understand or underestimate the full value of their potential claim. There may be avenues of compensation that they never considered. This is why it is so important to hire an experienced personal injury attorney here in Florida to help you navigate these waters as soon as an accident happens. Do not hesitate. Do not accept any first offer from an insurance company without first speaking with an attorney. If you have any questions about this, please call us right away at the Victory Law Firm.
Call Our Florida Personal Injury Lawyers Today
If you’ve been seriously injured in an accident that you did not cause, we hope that you reach out to our Florida personal injury lawyers today to see what you are entitled to. We have helped many people in our community receive the justice that they deserve and we would like to extend our service to you to give you those same types of results. We hope you reach out to us right away and set up a free, first consultation to get started.