When you get hurt because of someone else’s mistakes, it can be incredibly frustrating. More importantly, it can cause you high-dollar expenses, like medical bills and time away from work.
Our lawyers can help you get justice for what happened to you by filing personal injury claims against businesses, defective product manufacturers, property owners, drivers, and boat operators. We help you determine what your case is truly worth, so you do not fall prey to insurance companies trying to protect their bottom line.
Call the personal injury attorneys at Graves Injury Law Firm at (305) 614-2767 for a free case review.
Is There Insurance to Cover My Accident?
While drivers are required to carry car insurance, other situations might not have insurance. For example, while many boaters and homeowners do carry insurance, it is not required in every situation.
Most Injury Cases
If there is insurance, it would be the defendant’s policy paying for the victim’s damages in every situation except car accidents. This means having to prove that your injury was their fault, which you should have a lawyer help you with.
Car Accidents
In car accident cases, you can only go after the other driver’s insurance if you have serious injuries; otherwise you rely on your own insurance.
Accidents at Work
If you were injured in the course of your job duties, then you might be covered under your employer’s Workers’ Comp insurance. This can pay limited damages without having to prove fault at all. However, it only covers employees, not contractors – except for the construction industry, where contractors are also covered.
How Much is My Case Worth?
Our personal injury lawyers would need to examine the specific facts of your case to determine how much your case is worth. There is no specific value assigned to each type of injury. Instead, your case is worth however much you suffered in damages.
Damages usually fall into these areas:
Medical Bills
The cost of treating your injuries now and into the future can be quite expensive. Compensation for medical bills can pay for surgeries, rehab, medication, and even mental health care.
We calculate the value by gathering all bills and speaking with experts about your ongoing care needs and costs.
Lost Wages
If your injury keeps you from working, then you are entitled to compensation for your lost wages. Your lost wages during your recovery are also paid, even if there is no ongoing impact on your wages.
We calculate lost wages by looking at your hourly wage, what you already lost, and what you stand to miss going forward. If you now work for a reduced income because of your disabilities, we can factor that in, compared to what you would have made before the injuries.
Pain and Suffering
Damages for your physical pain, mental anguish, emotional distress, and more can also be covered. Even though these have no price tags or bills, we can estimate their value in two ways:
- The Multiplier Method lets us choose a multiplier based on how severe your injuries are. Then, we multiply the other injuries in your case by that multiplier.
- The Per Diem Method lets us choose a per-day value for your pain and suffering. This pays for every day you are expected to continue facing pain and suffering.
Other Economic Damages
Other damages that do have receipts and price tags – like vehicle repairs or home services costs – can also be claimed at their full value.
Will Insurance Settle My Case?
Insurance companies often offer settlements, but they are not always a good value. Most initial settlements are based not on your injuries, but rather on what they feel like paying to end the case quickly and protect themselves from litigation.
Never trust the insurance company’s value to be correct. Work with a personal injury attorney who can assess your specific case, negotiate with the insurance company, and help you approve or reject settlement offers until they get it right.
If the insurance company still refuses to settle for a fair value, we can take the case to court.
Should I Talk to Insurance on My Own
No. You can legally file insurance claims on your own and negotiate with insurance, but this is difficult to do for a few reasons:
- You are injured and focused on recovery, making it hard to do complex things like deal with insurance.
- You may not have the experience negotiating that our lawyers do.
- You may not know the rules and laws surrounding damages and settlements, so the insurance company can take advantage of that and try to convince you that you cannot get damages you should actually be entitled to.
- They may try to manipulate anything you say to use it against you.
Instead, work with experienced lawyers to handle the insurance companies for you.
How Long Does it Take to Go to Trial?
We can often file your court case within a few weeks of your injuries, but we do have up to 2 years to file your case. From the date of filing, settlements often happen within 4-6 months in cases where the insurance company is putting up a fight, but they are not dedicated to contesting the case all the way through.
If the case goes all the way through to trial, it often takes over a year, but often less than two.
Can You Settle After Filing in Court?
You can settle after filing your case in court. There is no requirement to go all the way to trial just because you filed.
In fact, most judges will try to push the parties into negotiations and perhaps even mediation with a neutral third party before ever scheduling the case for trial. Most cases ultimately settle before the trial date, even after being filed in court.
Call Our Personal Injury Attorneys in Coconut Grove Today
Call Graves Injury Law Firm at (305) 614-2767 for a free case evaluation with our personal injury lawyers today.
