In an injury case, there is a lot of back and forth with the insurance company before your case gets to court.  If that fails to get you a fair settlement that covers your needs, a lawsuit might be necessary, and the case may need to go to trial.

Never trust the insurance company to know what your case is worth.  Never sign anything without speaking to a lawyer.  And never try to handle your case without legal help.

Call our personal injury lawyers at Graves Injury Law Firm today at (305) 614-2767 to get started with a free case review.

What is My Case Worth?

Every case is unique, and you should have a lawyer examine the specific damages in your case.  That being said, most cases do involve these areas of damages, plus other potential areas.

Medical Bills

The defendant should pay for your medical treatment.  This includes all treatment for the injuries you sustained in the accident, including things like follow-up appointments, rehabilitation, physical therapy, and even mental health counseling.

Lost Wages

If you miss any work because of your injuries, that is the defendant’s fault.  They should cover lost wages during periods of hospitalization and healing.

Even after your injuries are as healed as they can be, you may face an ongoing disability.  If this reduces your wages going forward, that reduction in wages is also something you can claim in damages.

Pain and Suffering

There are no receipts or financial records to show how much the injury affects you mentally, physically, and emotionally, but you can claim damages for these harms.

These damages are often based on the overall severity of your injury, either as a multiplier set based on the severity of your injury and applied to the “economic” damages in your case or as a per-day cost of your pain and suffering.

Other Damages

Your case might also involve other financial harms, such as property damage (e.g., in a car crash), home adaptation costs for serious disabilities, or even replacement services around the house (e.g., cleaning and mowing the lawn).

When Do You Call a Lawyer?

Knowing when you should call a lawyer is important to getting your case filed on time and getting help in the cases that are serious enough to get a lawyer involved.

Call As Soon as Possible

You should call a lawyer as soon as you can after the accident.  Our personal injury lawyers can help gather evidence, but it becomes hard to find security footage or take helpful photos of the accident scene more than a few days after the accident.

We can talk to insurance, file your case, track your medical records, and collect evidence in the days after the accident, so call as soon as you can.

Talk To a Lawyer Before Calling Insurance

Never try to handle the insurance companies on your own.  They will try to tell you you do not have a case or try to settle for a low value.  Let us handle them while you focus on your recovery.

Do not talk to them without us, do not make recorded statements, and do not sign anything until we approve it.

When Cases Are Serious Enough to Get a Lawyer Involved

Any time that you face hospital bills, time away from work, or serious pain and suffering, your accident is serious enough to call a lawyer.

Besides, we offer free case reviews where we can discuss your case and what options you have.  There is no risk to calling if it turns out the case is not serious enough to have a lawyer.  If it is serious enough, then we can get started right away.

What Evidence Do You Need for an Injury Claim?

Injury cases are based on a wide range of evidence, such as the following:

  • Your testimony
  • Testimony from other eyewitnesses
  • Expert testimony and reports on medical, technical, and scientific issues (e.g., your recovery process, your disabilities, product defects, or accident reconstruction)
  • Photos
  • Video
  • Financial records
  • Medical records
  • Vehicle repair records (for car accidents)
  • Police reports
  • Business records if you were injured at a business or by an employee doing their job
  • And more.

Do You File Through Insurance or File a Lawsuit?

In many cases, you can file through both insurance and the courts.  Ultimately, if the insurance claim settles, then you do not have to go to trial.  However, filing the lawsuit can help push the insurance company to settle rather than taking the case all the way to trial.

Depending on the case, it might be better to file the lawsuit early or to wait to see how negotiations go first before escalating to a lawsuit.

Restrictions on Personal Injury Lawsuits in Florida

In some cases, a lawsuit is actually not available.  This primarily happens in two areas:

  • In car accident cases, you have to have “serious injuries” before you can sue. Our lawyers can examine your case and determine whether your injuries meet this threshold.
  • In injuries sustained in the course and scope of your work, you might not be able to sue your employer. However, a Workers’ Compensation claim should be available, and a lawsuit against third-party defendants may still be available.

Our lawyers handle all of these types of claims and cases.

How Long Do You Have to File Your Claim?

Most injury cases give you 2 years from the date of injury to file under Florida’s statute of limitations.  Some special rules apply, such as notice requirements, if the injury occurred at work or was caused by a government entity.

Always talk to a lawyer quickly to learn how long you have to act on your case.

How Long Does an Injury Case Take?

Many personal injury cases can be settled within a few months through rigorous negotiations with the insurance company.  However, if the damages are very high or the facts of the case are complex or confusing, they may refuse to settle.

These kinds of cases often have to go to court, and potentially all the way through trial, before they can be resolved.  That can take over a year in many cases.

Call Our Personal Injury Lawyers in Hallandale Beach Today

Call (305) 614-2767 for a free case evaluation with Graves Injury Law Firm’s personal injury attorneys.