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Working With Your Personal Injury Attorney
Before your personal injury attorney can file a case and start working on a settlement or preparing for trial, you’ll have to go through the discovery process. While this is tedious, it is an integral part of the lawsuit. You can make this process go faster and easier if you start preparing even before you meet the attorney for the initial consultation.
This is where your photos come in. Once you take pictures, print them, develop them, or save them to an external drive right away.
Make notations on the pictures so you won’t forget what they represent. Notations should include where you were standing and the
date and time of the picture. You may also describe the exact subject of the photograph. For example, in a car accident, you might be
taking a picture of parts of the car’s body on the ground. You’ll need to note which vehicle it came from.
The police are required to make a report of any accident involving injuries. Make sure you obtain a copy. If you have other records,
whether tow receipts, vehicle repair receipts, witness names, insurance company records or any other information related to the
accident, be sure to also bring that in.
Keep all of the medical records that pertain to the accident. Keep them in dated order. If the records are from the same date and have
a time stamp on them, use the time stamp to keep them in order for the specific day.
Instead of having a whole stack of records, divide the records by date. Depending on the extent of your injuries – or your loved one’s,
if you are doing this for someone who cannot do this – you may have enough records to fill a file folder for a week, or it may be a
month. Use your discretion to keep them as neat and orderly as possible. Always bring in copies of any documents. You may not get
your originals back.
Pain and suffering is a major part of many injuries. The pain and suffering could last a short time or a long time. Keeping all medical
records will help your attorney and the courts determine if you are constantly in pain and if you are suffering from injuries, whether
ong or short term. Since people usually cannot see when you are in pain or you are suffering, you’ll need those medical records to
back up your claim.
Records that might be used to demonstrate pain and suffering include the following:
• Prescription records
• Urgent care reports
• Hospital documentation or reports
• X-Ray results
• MRI results
• CT-scan results
Surgery records will also help show your attorneys and the court the length of time for your suffering since certain types of surgery
are known to produce pain for a predictable amount of time.
Once you go through the discovery process, your attorney will sit with you to discuss a possible settlement. You’ll come up with a
number that is reasonable compensation for what you’ve been through. The attorney will present it to the other attorney or attorneys
on the case. If everyone accepts, the court will ratify the agreement and you’ll be able to accept a check.
If the other side does not accept the offer, it may counter offer or decline it. You may submit yet another counter offer, or you may
decide to go to trial. Your attorney will help you make that decision. Always keep in mind that if you do go to trial, there’s always the
possibility that the court could order a lower amount. Your personal injury attorney will help you determine if you should take that
chance and go to court based on the facts of your case.
In Depth Guides on Personal Injury Topics
No Injury Car Accident Compensation
Soreness After An Accident
When To Get An Attorney
Minor Car Accident Settlements
Hurricane Insurance Claims
Everything You Need To Know PIP
Working With Your Personal Injury Attorney
None of the attorneys from the Legal Link network require an out-of-pocket fee. In a contingency fee contract, you and your lawyer are in agreement, meaning that the lawyer will not get paid any fees unless you win your case. As compensation for your attorney’s services, you usually agree to pay your attorney from the proceeds of recovery: The following fee structure is usually applicable:
- 25% With regard to any recovery governed by the terms of limitations of Florida Statute Section 768.28, this shall be the fee for services without suit in the event a suit is filed or demand for arbitration is made or if an appeal is taken from the lower court by either side or if garnishment for any proceeding after judgment has to be brought to collect the judgment or any portion thereof. This is the attorney’s fee only for any proceeds obtained pursuant to Florida Statute Section 768.28.
As to all other proceeds obtained from any other Defendant, the following shall apply:
- 33.3% of any recovery up to $1,000,000.00 through the time of filing of an answer or the demand for appointment of arbitration; or
- 40% of recovery up to $1,000,000.00 through the trial of the case; and
- 30% of recovery between $1,000,000.00 and $2,000,000.00; and
- 20% of recovery in the excess of $2,000,000.00.
In the event that the defendant admits liability at the time of filing an answer and requests trial only on the damages, the following fees schedule shall apply:
- 33.3% of any recovery up to $1,000,000.00 from that Defendant through trial; and
- 20% of any recovery from that Defendant between $1,000,000.00 and $2,000,000.00 and
- 15% of any recovery from that Defendant in excess of $2,000,000.00
In the event that an appeal is taken from the lower court by either said an additional 5% of any recovery is to be added to the above-stated percentages.
Some agreements may require you to pay for costs and expenses in addition to certain fees. These have to be paid, even if you lose your case and your attorney decides not to collect a fee. When your case settles, your attorney provides you with an itemized bill, which shows all costs and expenses, in addition to any fees if the case is won. Any attorney who has represented you must sign this statement. Your attorney will answer any questions you have about any expenses and fees.
Any reduction in your vehicle’s value becomes part of the claim.
As soon as you call us, we connect you with a personal injury attorney who can send out a representative to meet you. The representative will discuss all the details of the accident and post-accident process and answer any questions you may have. This can take anywhere from 20 minutes to an hour. Once You are finished, the representative will have you sign a retainer if you want to open a case, and they will take the paperwork back to the office. Within a few hours, you have an attorney and your case has already started.
Our network of attorneys have over 35 years of experience and know the best approach to get you every benefit that you’re entitled to. With a team of legal and medical experts behind your back, they can guide you through the process and inform you of everything you may need to do in order to maximize your claim so you’ll have the best possible chance of making a full and fair recovery.
A personal injury case can take anywhere from a few months to over 14 months, depending on the severity of the accident and injuries, as well as the type of accident. The length of the post-accident process greatly varies depending on the insurance companies, the accident impact, the treatment process, and the number of parties involved. As long as you don’t skip visits and follow the attorney’s and doctors’ advice, your case should move along without extra complications.
In Florida, you won’t be able to go back to your insurance company to get compensation for costs that pile up after the settlement has been decided. Since many insurance companies will try to force you to sign a car accident settlement as soon as possible, it’s better to contact us immediately after the accident to avoid losing your benefits. Attorneys and medical experts in our network take care of everything, so you can focus on recovery and your life responsibilities.
Legal Link is here to assist you if you have been involved in a car accident in Miami, Fort Lauderdale, West Palm Beach, Orlando, Tampa, Jacksonville, or even Washington D.C. Our network of attorneys covers all areas of Florida and many different cities across the nation.
What does gap insurance cover and not cover?
Gap insurance covers the gap between what is owed on your vehicle loan and its current market value. In case of an accident, your insurance company will only pay your vehicle’s market value if they decide that your vehicle is totaled. For example, if your car’s current market value is $20,000, but you owe your lender $24,000, the $4,000 difference between your loan balance is the “gap” that is covered by the additional rider. Keep in mind that to use gap coverage, your claim must be covered under comprehensive or collision, and your vehicle must be considered a total loss.
Gap insurance claims do not cover car payments in case of financial hardship, job loss, disability, or death, nor does it cover vehicle repairs, diminished vehicle value, any necessary down payment for a new vehicle, or any loans.
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