There are many misconceptions and myths about what is involved when filing a personal injury suit. While it’s not always easy to find the help you need, it starts by understanding what to expect. Here are some common myths that often discouraged injury victims from pursuing a claim:
- It’s too expensive.
- Your injuries aren’t severe enough.
- You are “punishing” the person at fault.
- It makes you look “greedy.”
- Your insurance will take care of it all.
Central Florida personal injury lawyers know that it’s not always easy to tell if your case is viable, but you can trust that these myths are incorrect or overblown. Some of these notions are traced to a misunderstanding of the law.
Let’s address them each individually:
Florida Injury Lawsuits Cost a Lot of Money
Injury cases are handled on contingency, meaning you don’t pay anything up-front unless you win. These terms are usually found in the contract you sign when retaining your personal injury attorney. Once your claim has ended, your lawyer gets a percentage of what you recover.
Legal rules define what’s excessive, but your attorney will charge around 15 – 33.5% of the award. This percentage will depend on several factors, including how much work is needed on your behalf and any complicating factors. Remember that when you have an initial consultation with a lawyer, it should be free, so you lose nothing by at least discussing your personal injury.
Starting with the consultation, the process is well worth the effort. Not pursuing compensation is far more expensive in the long run.
Central Florida Personal Injury Lawsuits Are Not For Minor Injuries
It’s important to remember that serious injuries are not necessary for filing a personal injury suit in Central Florida. While awards depend on the type of damages sought, you may be entitled to compensation for minor injuries.
Additionally, $10,000 in personal injury protection (PIP) coverage for medical bills and other damages is available if you suffered a “minor” accident injury. This can also include more severe injuries, including broken bones – such as arms or legs.
I’m Only Punishing the Negligent Person
The reality is that insurance companies should be responsible for paying your personal injury claims – whether it is a car accident or premises liability claim. It is necessary to involve a personal injury lawyer in these types of cases, as insurance companies are notoriously elusive and difficult to work with.
Usually, it is the negligent party’s policy that pays for your damages. However, if they do not have sufficient coverage to pay your losses, you may be able to pursue a claim through your own insurance.
For example, suppose you are injured in a crash by an uninsured driver. In that case, you should be covered under your insurance if you carry Uninsured Motorist coverage. However, this only applies as long as you can prove negligence and damages against the other driver.
I Would Look Greedy If I Sue
Thanks to tort reform lobbyists, it’s a misconception that the only reason people sue is out of greed. The truth is, most people file personal injury claims to recover losses that were caused by the negligence of another person or business.
There are criteria and standards you must meet to win the case – neither insurers nor courts hand over money just because someone files a claim. You and your attorney must show proof of loss for both medical bills, lost wages, and pain and suffering and prove the liable party’s negligent actions led to these damages.
My Own Insurance Company Will Take Care Of It
Insurance companies aren’t as easy to work with as they may seem. When filing claims, you will need a personal injury attorney to intervene and handle this process if your insurer refuses to pay.
Also, some types of insurance (like uninsured motorist coverage) require you to take certain actions against the person at fault before they are willing to pay for anything.
Bottom Line – If You’ve Been Hurt, Seek Legal Help
If someone else’s negligence has injured you or your family member in Central Florida, the responsible thing to do is at least consult with a qualified personal injury attorney with a successful track record. They will have experienced advice on whether you have a strong case or not. Don’t underestimate the value of this advice – it will be crucial going forward.
The team at Jordan Law has always had their clients’ best interests in mind. They will fight for you and make sure you get the best possible results after the accident that caused your injury. Contact us today to schedule an initial consultation and learn more about what rights you have to compensation.