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Frequently Asked Questions
- How much is my personal injury case worth?
- How much time will be devoted to my case?
- What does it mean to "file suit," and why do we do it?
- How long can you estimate my case will last?
- Will I owe anything if we don't win the case?
- How do we make money off a case?
- What is a mediation?
- How long will a lawsuit against my insurance company take?
- My insurance company keeps asking for more information. Should I give it to them?
- If I can't find a copy of my insurance policy do I still have a claim?
- Should I continue to pay my insurance premium even after the company has denied my claim?
- Why am I not being compensated when I have full insurance coverage?
How much is my personal injury case worth?
This is one of the harder questions for a plaintiff's attorney to answer. A case's worth is based on six significant questions. These are:
- Who was negligent or caused the injury?
- What are the past medical bills?
- What are the future expected medical bills?
- What has been the total of lost wages?
- What is the future loss of earning capacity?
- What has been the pain and suffering due to the injury?
There is no blueprint for determining a case's value; it is really based on evidence such as whether there are discrepancies in the testimony, medical records, or other pieces that may detract from the integrity of the injured party's case.
However, based on our experience with past cases in Florida, we can estimate the value of the case once the attorney has gathered all medical records and statements and has an idea if the client's physical and mental state has improved or worsened from the date of injury.
How much time will be devoted to my case?
This really depends on the intricacy of the case. For example, we absolutely want to avoid resolving a case while the client is still recovering or does not have a handle on the future of their medical condition.
It is every attorney's fear to allow a client to sign a release and discover shortly after that they require more surgery or that the medical bills are still piling up.
With that in mind, the average premises liability/auto or general negligence cases will reach resolution in four to eight months. That timeline is bound to fluctuate depending on the characteristics of each case.
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What does it mean to "file suit," and why do we do it?
The act of filing legal papers at the courthouse is called filing suit. The client gives the authorization to file suit after all other options have been exhausted during pre-suit.
Over the last decade, the insurance industry has stepped up its aggressive defense of these cases, and the number of clients we are undertaking is steadily increasing.
When a case is filed with the court, it does not necessarily mean you will be accompanying your lawyer to court.
Most cases are able to be rectified before trials begin, but some still make it through. Since we have such a history with cases of this sort, we are able to provide the client with the education essential to making wise decisions.
Despite the large number of cases we take on, we are extremely proud of the number of them in which we are victorious and able to satisfy the client, rewarding them with what they deserve.
How long can you estimate my case will last?
This really depends on how intricate the case is that we are dealing with. For example, the norm for a medical malpractice case is between one and two years from the day the complaint is first filed.
On the other hand, premises liability/auto or general negligence cases will reach resolution in four to eight months.
Will I owe anything if we don't win the case?
If we fail to prosecute your case successfully, no money will come out of your pocket. You are only responsible for costs incurred if we win.
How do we make money off a case?
Legal fees are based on a percentage rate of the total amount of money we are able to recover on your behalf. However, the majority of the time we are able to get the insurance company to compensate us for our services provided as well as pay what is owed to you.
If the court ordered fee is equal to or greater than the contingency fee, you receive 100 percent of the benefits with no deductions in legal fees.
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A mediation is a settlement meeting that occurs before a case goes to trial. Both sides appear with legal representation before a mediator, who is usually a retired judge or lawyer, and the mediator listens to each party's story.
If neither side agrees on a settlement during the mediation conference, the case goes to trial. Anything discussed during mediation cannot be used in a court of law.
How long will a lawsuit against my insurance company take?
The time involved varies greatly from case to case. Very often, the insurance carrier offers to pay the benefits owed shortly after they receive the lawsuit.
Other times, they hire an attorney to defend them which usually results in delays as the case proceeds through the litigation process.
Generally speaking, a lawsuit of this type can take anywhere from 90 days to several years to resolve. We try whenever possible to obtain a trial date for our clients within 12 months of the date the suit is filed.
My insurance company keeps asking for more information. Should I give it to them?
Virtually all insurance policies contain a "cooperation clause". This means that you must comply with all reasonable requests made by your insurance carrier.
This does not mean, however, that you should endlessly continue to forward information to the company.
We strongly recommend that you consult with an attorney at the first indication you receive that your claim is not being paid in a timely manner by the company. The initial consultation with our firm is always free.
If I can't find a copy of my insurance policy do I still have a claim?
Yes. Although reviewing your policy is a very important part of our evaluation process, we can get a copy of the policy directly from the company if you cannot locate your copy.
If you were never provided with a copy of your policy, please let us know as that is relevant in determining what defenses an insurance company may be able to assert in litigation.
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Should I continue to pay my insurance premium even after the company has denied my claim?
It really depends on the type of policy you have and the reason the carrier has denied your claim. Although it appears unjust to require you to continue to pay premiums to a company who has refused to honor your claim, sometimes it is in your best interest to do so.
Our attorneys will review your policy at the initial consultation and advise you as to whether to continue payment of the premiums.
Why am I not being compensated when I have full insurance coverage?
This is one of the most difficult questions our lawyers face on a daily basis. In most cases, insurance agents will provide a potential consumer with a quote for the type of coverage they request.
Receiving full coverage in regards to an auto negligence case would allow for injury recovery, PIP or no-fault, payment for medical services, and underinsured or uninsured driver coverage.
Whether the consumer is at fault or not, PIP coverage is still applicable, and the medical payment benefits can make up the difference not covered under PIP.
Uninsured or underinsured coverage is probably the most significant benefit because if you are injured in an accident with someone who has little to no coverage, you will be appropriately compensated by your own provider.
Our clients often find themselves out of luck when they realize that even though they have "full coverage," it does not necessarily mean underinsured or uninsured is included.
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