Personal Injury FAQs
Find The Answers To Your Personal Injury Questions From Qualified Attorneys
At the Law Offices of Brent C. Miller in Lake County, Florida, we understand you have many questions about your claim. Our personal injury attorneys are happy to discuss your situation with you to determine whether you have a claim. The following questions are assembled to address some of the most common questions people have about their personal injury claim.
HOW MUCH IS MY CASE WORTH?
How much you are entitled to recover depends on the extent of your injuries. Every case is unique. For most people, it is difficult to estimate the value of a claim. There are often factors or considerations that are not taken into account. To avoid settling a claim for less than what you will need, you should speak to a personal injury lawyer with extensive experience handling these types of claims.
HOW LONG WILL MY PERSONAL INJURY LAWSUIT TAKE?
The length of a personal injury lawsuit is also unique to the situation. Your lawsuit could be resolved in months or years. The timing of when this occurs depends on the parties and injuries involved. While settling a case quickly is often attractive, it may not be in your best interest. Your attorney will be able to advise you on whether a settlement makes sense or not.
WHAT ARE DAMAGES/PUNITIVE DAMAGES?
Damages typically cover lost wages, medical expenses and compensation for pain and suffering. In rare instances, punitive damages may be awarded if the person responsible was grossly negligent.
CAN I STILL PURSUE COMPENSATION IF I WAS PARTIALLY AT FAULT FOR MY INJURIES?
Even if you bear some of the blame for the accident that injured you, you may still be able to recover damages. Florida uses a comparative negligence framework. This means that the amount of recovery will be reduced based on your percentage of fault.
WHO CAN BE HELD LIABLE FOR A CATASTROPHIC INJURY?
In the event of a catastrophic injury, multiple parties may be held liable. For example, if you suffered a severe injury in a trucking accident, the truck driver may be held liable. In addition, if the truck driver was in the course and scope of his/her employer at the time of the accident, the trucking company may be held liable. Also, if the trucking company failed to properly maintain the truck or a trucking part manufacturer provided a defective part, they could be held liable for any damages resulting from such negligent maintenance or manufacturing.
SHOULD I SIGN A RELEASE?
The simple answer is no. If you sign a release, you risk forfeiting your right to bring a lawsuit and recover against the individuals who caused your injury.
If you have additional questions or would like us to evaluate your case, get in touch with skilled accident lawyers online, or call one of our offices. To serve you better, we have offices in Tavares, The Villages, Clermont and Inverness.
Most-Asked Questions Regarding Personal Injury Claims
What is the process of a personal injury claim?
The process of a personal injury case starts out fairly straightforward. First, a person must get medical proof that an injury has occurred. Second, if the claim is a small incident, the injured party can try to settle with an insurance company. If it is a larger claim, it is best to have the work done through a personal injury lawyer. At the Law Offices of Brent C. Miller, P.A., we have more than 25 years of handling personal injury cases. If the insurance company doesn't want to settle with a compensation amount that is fair, the case will have to be heard in court.
What is a personal injury deposition?
A deposition is a sworn statement by all parties involved in the case. Though the process is not conducted at the courthouse, it is used as proof for the court case. All parties are under oath and required to testify as if they were in front of the judge. Both the defendant and plaintiff can choose who they want to depose and may cross examine just like in court.
Is a personal injury claim the same as filing a lawsuit?
Not all personal injury claims end up before a judge. Many times the lawyer can settle with the insurance company on your behalf. However, a claim is not the same as a lawsuit. It only becomes a legal matter when court documents are filed.
If I file a personal injury claim, will I have to go to court?
Not all personal injury claims end up in court. Many can be settled outside the court from the initial demand letter. It depends on the circumstances of the case, the insurance company, and the amount that the attorney demanded. If you and the insurance company cannot reach an agreement, then yes the case will go to court.
Can I be treated by my own doctor?
Most of the time being treated by your own doctor is not a problem. However, the other party may want to get a second opinion by a different doctor, which is entirely normal.
If I suffer an injury, what is the first thing I should do?
If you have been in an accident, the first thing you need to do is to file a report. If it is a work-related accident, you notify your supervisor. If it is a car accident, you notify the police. These reports will help establish your case. Second, make sure to get checked by a doctor. Both of these steps are vital, and your attorney will need the police report and medical report to pursue legal action.
Can I appeal the court’s decision on my personal injury claim?
Yes, you can appeal the court's decision to the appellate court. However, the court will use the law to verify that the judge made a fair decision.
What is Breach of Duty?
This term means that one person's actions caused another person's injuries. For instance, if one person didn't lock down a machine at work and you were hurt because of his actions, this is called a breach of duty. It is a term that personal injury lawyers often use when talking about a case.
What is Duty of Care?
It is a legal obligation that is forced on another person that requires him/her to adhere to a specific standard of care. This is a standard that they must use while performing acts that may be harmful to others. In order to establish negligence in a personal injury case, the duty of care must be established.
What is a personal injury demand letter?
Your personal injury attorney will attempt to resolve your matter without going to court. Court hearings are costly proceedings and if the case goes to trial, the costs can really add up. A demand letter is sent to the insurance company asking for a certain amount based on the injuries. This letter will be answered, and an offer may be given.
What is subrogation?
When one party pays the debt that another party owes, it is called subrogation. It is often used in insurance companies. For instance, if someone hits you while driving, the other party’s insurance company is responsible. Many times your insurance company will pay for your car, and then they will go after the other insurance company for the money; this is subrogation.
What are my rights if I've been injured?
If you have been injured due to someone else's neglect, you have a right to have your medical expenses paid by the other party. You also can receive compensation for the time you missed from work as well as any pain and suffering.