Gainesville Personal Injury FAQ
An accident can leave the victim struggling with any number of unanswered questions. If you’re physically hurt, you may be unable to work and facing significant medical bills.
You might be wondering whether you are entitled to compensation from the person who caused the accident.
Our lawyers are here to help.
Answers to some of the most common personal injury FAQ are outlined below.
Do I Really Need a Personal Injury Lawyer to Pursue Compensation if I Was Hurt?
To recover compensation in a personal injury case, you almost always have to file a claim with at least one insurance company.
The insurance company will do everything they can to pay less than you deserve.
It can be difficult to know how to fight back if you don’t have much experience with the legal system. An experienced Gainesville personal injury lawyer, like Bill Allen, can help you understand what your case is worth. We can evaluate your settlement offer to see if it’s fair.
From the start, we’ll protect your rights and fight back when the insurance company tries to take advantage of your situation.
What Is a Personal Injury?
A personal injury is a serious injury that’s caused by someone else’s negligence. Personal injury law gives you the right to recover compensation from the at-fault parties if you’re hurt in any type of accident that wasn’t your fault. You could sustain a personal injury because of:
- Car accidents
- Motorcycle accidents
- Pedestrian accidents
- Truck accidents
- Bicycle accidents
- Bus or train accidents
- Uber or Lyft accidents
- Boating accidents
- Slip and fall accidents
- Dog bites
- Defective products
- Construction accidents
- Workers’ Compensation
- Workplace accidents
- Medical malpractice
It can be difficult to know if you have a personal injury case. Speaking with an experienced personal injury attorney can clarify your rights. Give us a call today to learn more.
What is Negligence?
A person is negligent when that person fails to use reasonable care to prevent harm to others. The accident victim must prove four basic elements to establish that the person responsible for the accident was negligent.
Those elements include:
- Duty of care. Third parties generally have a duty to exercise caution to keep others safe–for example, drivers on the road have a duty to drive carefully to prevent accidents
- Breach of duty. The third party breaches their duty by acting carelessly
- Causation. The mistake or omission (breach) must have actually caused your injury
- Damages. You suffered damages as a result of the injury–physical, financial, and emotional damages are all considered
A lawyer can investigate to find out what caused your accident. We’ll gather the evidence needed to back up your claim and make the strongest personal injury claim possible.
What Types of Damages Can I Recover in a Personal Injury Case?
Personal injury law gives you the right to be made “whole” again after an accident. If you’re seriously hurt, you can recover money to cover your out-of-pocket expenses. You can also get money to compensate for the pain and suffering of an accident.
Your compensation award could include money for:
- Medical bills
- Lost wages
- Future medical expenses
- Lost future earning capacity
- Physical therapy
- Rehabilitative care
- Long-term care
- Scarring and disfigurement
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Damages for wrongful death
As a general rule of thumb, your compensation award will be higher if your injuries are more serious or permanent. If the defendant’s actions were extreme or intentional, you might even be eligible for punitive damages to punish that party for their actions.
How Much Is My Personal Injury Case Worth?
It’s impossible to say what your personal injury case might be worth without first learning more about what happened. Every single case is different. Our lawyers will look at the expenses you’ve incurred because of the accident, your projected future costs, your course of treatment, and projected recovery time to give you a more accurate estimate of your case value.
How Long Do I Have To File a Personal Injury Case?
The statute of limitations in Florida has been adjusted for personal injury cases. If your accident occurred on March 23rd, 2023 or earlier, you will have four years to file a personal injury lawsuit. If it occurred after that date, you will have two years instead. However, there are exceptions to these deadlines in some cases.
Insurance companies also provide their own time limits. You could have as little as 30 days to complete some of the paperwork required to get personal injury protection (PIP) benefits after a car accident. The best way to ensure your rights are protected is to contact a personal injury attorney as soon as you can after an accident.
Will I Have To Go To Court To Get Compensation?
Not always. Our personal injury lawyers at Allen Law Firm, P.A. are often able to resolve cases out of court. We’ll negotiate with the insurance company and do everything we can to reach a fair settlement.
While we usually don’t have to go to court, we’re always ready. We’ll prepare a case that’s strong enough to convince a judge and jury that you deserve compensation.
When Should I Call a Personal Injury Lawyer?
Get a personal injury lawyer involved in your case as soon as possible. Our lawyers can listen to what happened and help you understand whether you have a case. The statute of limitations limits the amount of time you have to act. We’ll make sure your claim is filed within the relevant time limits to preserve your right to compensation.
Lawyers sound expensive. Can I really afford to hire a personal injury lawyer if I’m already struggling with my bills?
Our Gainesville personal injury lawyers at Allen Law Firm, P.A. work on a contingency fee basis. That means we only recover attorneys’ fees if we win compensation for you. You don’t have to pay anything up front. A contingency arrangement helps clients get the legal advice they need quickly.
It also gives you peace of mind that we’ll do everything we can to get the maximum amount of compensation possible for you.
How Do I Know If I Have a Personal Injury Case?
You might not know whether you have a strong personal injury case. That’s why our lawyers offer a free initial consultation. You can sit down and tell us what happened without having to worry about paying for our opinion. We’ll evaluate your case and discuss options for protecting your legal rights.
What Should I Do If The Insurance Company Calls Me About My Injuries?
Avoid making any formal statements to the insurance adjuster.
Even if they seem like they’re on your side, remember that it’s their job to look out for the insurance company.
That means they’re looking for ways to pay you less.
Call an experienced personal injury attorney in Gainesville right away if the insurance company starts poking around. We can take over all communications so that you don’t accidentally say something that might reduce your eventual settlement offer.
How Long Will It Take To Get Compensation in a Personal Injury Case?
If you were hurt, call an experienced personal injury lawyer at Allen Law Firm, P.A. We can answer your specific questions once we learn more about your accident. We’re ready to get started right away, so don’t hesitate to call for a free consultation.