What Do Personal Injury Attorneys Want Clients to Know?
Personal Injury attorneys want happy clients. This article will explain exactly what those with experience want their clients to know prior to consultation! The umbrella known as Personal Injury Law covers a wide array of harm that comes to a person by no fault of their own. Negligence, recklessness, Medical Malpractice, car accidents, and motorcycle accidents. All of these situations cause harm, and require a Personal Injury attorney. Whether it’s a drunk driver or a doctor, the actions of another can result in a direct risk to safety. Sometimes these acts of negligence or recklessness even cause wrongful death.
Following an accident due to the reckless or negligent actions of another, it’s important for victims with the potential for legal action to understand their rights. When it comes to accidents, a victim has specific rights pertaining to Personal Injury Law.
Therefore, this writeup covers the following topics:
- What is Personal Injury Law?
- What do Personal Injury attorneys do?
- Formal lawsuit vs. mediation
- When do Personal Injury attorneys take a case to trial?
- What is the Statute of Limitations in Florida?
What is Personal Injury Law?
Personal Injury Law’s definition is as follows:
“[…]Physical injury inflicted on a person’s body, as opposed to damage to property or reputation.”
A “Personal Injury” case arises when a person sustains injuries due to an accident in which they are not at fault. When a victim sustains injuries in a slip and fall accident, for example, someone else may be liable. When loss of life results as the consequence of a more serious accident, a wrongful death case may arise.
What do Personal Injury attorneys do?
The job of Personal Injury attorneys is to expertly litigate cases where harm has come to a client. These are cases of harm so severe that the victim has verifiable, serious injuries. These injuries can be mental or physical, or both.
Due to the nature of Personal Injury Law, where people sustain serious injuries as a result of the actions of another, ethics and professionalism are non-negotiable when retaining an attorney. Moral ethics, as well as compassion, must be at the forefront of decision making regarding compensation. Restoring quality of life for victims who sustain injuries should be the #1 priority.
Formal lawsuit vs. mediation
In Personal Injury Law, there are two routes for litigation:
- Formal lawsuit. While a criminal case is initiated by the government (federal), a formal Personal Injury claim begins when a private citizen retains a Personal Injury attorney. The lawyer then files a civil “complaint” against another individual to formally allege they acted in a negligent or reckless manner. A lawyer can file complaint against a large company or a business as well. These would include cases of defective products and workplace accidents.
- Settlement during mediation. Often, cases resolve during mediation. This happens when a satisfactory financial agreement is reached. This means the dollar amount is sufficient to provide both quality of life and lost wages indefinitely. If a settlement is possible during a mediation, then no further legal action is necessary. Afterward, both client and lawyer receive their compensation.
When do Personal Injury attorneys take a case to trial?
Personal Injury cases become “formal lawsuits” when a Personal Injury lawyer takes the case. Depending on the facts, some may settle during mediation. That is, if the offer of financial compensation is sufficient at that level. If not, this when a case goes to trial. When the amount of compensation presented during mediation is clearly not sufficient for the client’s injuries, civil court proceedings will follow. Trial compensation is referred to as a verdict. A judge determines the latter form of compensation.
Under normal circumstances, a settlement offer occurs before any lawsuit is brought. This is preferable in many cases. A mediation can save time and money for all parties. In most cases it’s preferable to a long trial. However, saving money is never a reason to “settle”. If a trial is necessary for maximum compensation, a Board Certified Personal Injury attorney will not back down. Experienced lawyers opt for mediation if this method of Alternative Dispute Resolution is beneficial to the client. The client’s best interest should always be priority. In any event, an Personal Injury attorney prepares for any outcome.
What is the Statute of Limitations in Florida?
“Plaintiffs” have a very small amount of time to file a successful lawsuit. This is the “Statute of Limitations”. In the state of Florida, it is (2) two years under normal circumstances.
When a plaintiff exceeds the two year Statute, they forfeit any potential financial compensation they may have sought to gain. The judge will dismiss the complaint, no matter how credible or the victim’s injuries. There are very few instances where what’s known as the “Discovery Rule” applies. This legal principle is sometimes necessary in cases of wrongful death. In these cases, the victim is no longer alive to speak on their own behalf. Thus, consideration must be given to how long they were aware of their injuries.
It’s always about the client
A handful of states have made attempts to summarize Personal Injury Law with written Statutes of their own. However, it always comes down to the client’s best interest. After a victim sustains injuries for which they were not at fault, they deserve compensation for pain and suffering. Thusly, for now, many practical reasons deem that settlements and court verdicts issued by a judge remain the acceptable, official standard.