What Should I Ask My Personal Injury Lawyer?
Personal Injury attorneys want credible 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 accidents that people fall victim to by no fault of their own. Negligence, recklessness, Medical Malpractice, auto accidents, and motorcycle accidents. All of these accidents cause harm, and require an accident attorney. Whether it’s a drunk driver or a doctor, the actions of another can result in a direct risk to safety. Sometimes acts of negligence or recklessness cause Wrongful Death.
What is a Personal Injury case all about?
Following an accident due to the reckless or negligent actions of another, it’s important for victims to understand the importance of a successful Personal Injury case. When it comes to accident law, honesty, trust, and credibility must be at the forefront.
This article answers the following Personal Injury Law questions:
- What is Personal Injury Law?
- What do Personal Injury attorneys do for clients after an accident?
- Consultation red flags 🚩
- Formal lawsuit vs. mediation?
- When do Personal Injury attorneys take their cases 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 for clients after an accident?
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. In Personal Injury cases, lawyer and client must trust each other. The client must trust the lawyer’s experience. The lawyer must trust the client’s honesty.
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.
What are some red flags during consultation?
Florida Personal Injury law firms can be a dime a dozen and many make false promises to reel in clients. This is the wrong approach to Personal Injury Law. If the law firm cannot live up to their claims, clients are hurt by the case outcomes.
The following are some red flags 🚩 during your consultation that can alert you to find another, more credible firm–and fast!
- No case results on their website (and cannot provide results upon request)
- They don’t see many, if any, cases to trial and verdict
- Settle cases for far less than they’re worth to get a larger number of clients “resolution”
- Never return your phone calls. If a law firm’s legal assistants cannot promptly return your call, it may be time to look elsewhere
- Have little or no experience, but claim they have the ability to take on cases such as trucking or motorcycle accidents
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 their cases to trial?
Personal Injury cases become “formal lawsuits” when a Personal Injury lawyer takes the case. This is why credibility is so important. Depending on the facts, some cases may be able to successfully settle during mediation. That is, if the offer of compensation is sufficient. If not, this when a case goes to trial. And the client must uphold credibility! Trial compensation comes as a verdict. A judge determines the latter form of compensation. And, you can bet, a judge only wants to rule on credible cases.
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. Again, this is why credibility is so important to successful cases. Credibility and honesty allow cases to move through the legal system smoothly. The liars can delay or even kill their case.
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.
The Statute of Limitations is always upheld. The “Statute of Limitations” in the state of Florida is (2) two years under normal circumstances.
It’s all about credibility!
A handful of states have made attempts to summarize Personal Injury Law with written Statutes. However, it always comes down to credibility, credibility, credibility. After a victim sustains injuries for which they were not at fault, they must act credibly and consult with an experienced accident attorney. Honest clients deserve maximum compensation for pain and suffering. Credible clients don’t settle for a paper pusher lawyer. Credible clients seek out the Board Certified Civil Trial lawyers!