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Personal Injury FAQsHow do you prove who was negligent? What should I be doing to strengthen my case? How long will it take to get money? How much money will I receive? Do I really need a personal injury lawyer?
If you have been injured because of another person or company’s negligent, reckless or malicious actions, you may be able to claim compensation. The strength of your claim will depend on many factors, but it may be possible to bring a claim even if it is alleged that you were partly to blame yourself. In most cases where symptoms last a few weeks or more it is worth finding out about the prospects of a claim. It’s the commission of a civil wrong, or tort, that accidentally causes injury to somebody by reason of failure to perform an expected duty with the care that a reasonably prudent person would use with regard to the safety of other in a particular circumstance. Negligence is any conduct that falls below the standards of behavior established by law for the protection of others against unreasonable risk of harm. A person has acted negligently if he or she has departed from the conduct expected of a reasonably prudent person acting under similar circumstances. How do you prove who was negligent? There are five elements that must be present for a determination of negligence:
My back was injured in a car accident last year, but in the last month I started having back pain again. Is there a time limit for making a claim? In Florida, the statute of limitations for filing a personal injury claim is 4 years, but there are different statutes of limitations defined for each type of personal injury claim. Different timelines apply to negligence cases v. professional malpractice claims; property damage v. wrongful death lawsuits; medical malpractice claims v. pharmaceutical litigation cases. To obtain more details regarding statutes of limitations that may apply to your case, consult with an experienced personal injury lawyer at Chalik & Chalik Law Offices. What should I be doing to strengthen my case? You should maintain an accurate record of all medical treatment, hospitalizations, surgeries, and prescriptions. Also remember to tell your doctor of any complaints you might have, because doctors’ records are often a good sources of information for the insurance companies to evaluate your claim. Write down all statements from witnesses to your accident, what they saw, and their contact information and allow your attorney to review the notes. Taking photos of the scene, the vehicles, and any injuries you sustained can also be very helpful to have. Pictures help to capture the degree of damage to the vehicles and offer an explanation as to what might have happened during the accident. The more information you are able to provide to your lawyer, the easier it will be for him or her to determine if your claim will be successful. If you’ve hired an attorney, you should resist talking to any insurance company other than your own and instead refer the insurance company to your attorney. Avoid any written or recorded statements without the approval of your attorney because they could later be used against you. Do not sign an authorization allowing the insurance company to obtain your medical records. Without an attorney first reviewing the release, you might be enabling the other insurance company access to personal information. Contact Chalik & Chalik Law Offices today to discuss your case. How long will it take to get money? The average claim can take anywhere from three to 18 months. It all depends on the circumstances surrounding the case. The more complex the case the longer it may take to settle. How much money will I receive? If your claim is successful, you will receive compensation for your injuries and the effect of the accident on your way of life. Depending on the type and extent of your personal injury, you may be eligible for compensatory (actual) damages, and punitive (criminal) damages. The damages may include the following:
Contact Chalik & Chalik Law Offices today to discuss your case. Do I really need a personal injury lawyer? If you have been seriously injured or are unsure as to the outcome of your injury, then an experienced personal injury attorney should always be consulted before you give any statements or sign any papers of any kind and as soon after your injury as possible. A personal injury lawyer is focused on providing you with professional legal representation to obtain the maximum amount of compensation for your injuries, consistent with the nature of your injuries and losses. You are better off hiring an attorney as soon as possible. You need a lawyer working for you to protect your rights. Contact Chalik & Chalik Law Offices today to discuss your case. Most personal injury cases are settled out of court between opposing lawyers or by the insurance company. If a case does go to trial you most likely will have to appear so that your testimony can be heard.
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