Frequently Asked Questions
Answers to common personal injury questions, accident questions, medical malpractice questions, and workers compensation questions
The personal injury attorneys and accident lawyers of Schwartz Zweben LLP have more than 100 years combined experience trying personal injury lawsuits and negotiating favorable settlements with insurance companies on behalf of those who have been injured or wronged. By virtue of this experience, they are in a unique position to provide valuable insights and information in response to commonly asked auto accident questions, truck accident questions, motorcycle accident questions, and questions pertaining to other personal injury, medical malpractice, or wrongful death actions.
What is a personal injury lawsuit?
If you are injured seriously because of the negligence or wrongdoing of another party, you may be eligible to file a personal injury lawsuit to seek compensation for the damages you have suffered. Personal injury claims, also known as "tort" claims, follow specific provisions established by the state in which you reside. However, most states follow the same guidelines for personal injury lawsuits. What are some examples of personal injury claims?
There is a wide range of claims that may be filed under a personal injury lawsuit including, but not limited to, those involving auto accidents, motorcycle accidents, trucking accidents, wrongful death, medical malpractice, slip and fall accidents, product liability, brain injuries, workplace injuries, birth injuries, and more.
What damages can be awarded in a personal injury lawsuit?
There are a number of economic and non-economic damages that may be awarded in a personal injury lawsuit. Compensation can be recovered for pain and suffering, medical costs, lost -income capacity, lost earning capacity, and more. All damages include present and future expected losses. You also may be eligible to recover punitive damages if you can prove the defendant's conduct was intentional or malicious.
What do I need to prove before I can file a personal injury lawsuit?
In all personal injury lawsuits, the burden of proof falls on the Plaintiff. This means that you must prove by a preponderance of evidence that your injuries were a direct result of the defendant's negligent actions. If you can prove the extent of the injuries suffered, you can be awarded compensation for your losses. In most cases, a qualified personal injury attorney will appoint medical professionals as well as other expert witnesses to testify on your behalf.
What is a statute of limitations?
All personal injury lawsuits are subject to a statute of limits that varies depending on laws of the state where you live. A statute of limitations limits the amount of time a victim has to file a personal injury lawsuit. In many states, the time limit begins immediately after the injury occurs. However, there are exceptions to the statute. Contact a personal injury attorney to find out the exact laws in your state or jurisdiction.
In Florida, the statute of limitations for bringing personal injury, product liability, and wrongful death actions is as follows:
- Personal injury actions must be filed within four years from the date of the injury
- Medical malpractice cases in Florida for patients eight years and older must be filed within two years of the incident or discovery of the injury (not to exceed four years). Parents of children under the age of eight must initiate the malpractice case before the child's eighth birthday.
- Wrongful death suits must be brought within two years of the date of death.
- For injuries related to product liability, plaintiffs have four years in which to file.
What will it cost me to file a personal injury lawsuit?
Most personal injury lawyers work on a "contingency fee" basis, which means that it will cost you nothing to pursue a personal injury claim. If your case is successfully resolved, then a percentage of your award will be allocated to cover attorney fees.
What should I do if I want to file a personal injury lawsuit?
If you or a loved one has suffered a serious personal injury due to the negligence or wrongdoing of another party, it is important to seek the help of an experienced personal injury attorney who will protect your legal rights and maximize your interests. Please contact us today to speak to a qualified personal injury lawyer at no cost or obligation.
Is there a minimum personal injury settlement amount?
No, there is no minimum or maximum settlement amount. The amount of a settlement in a personal injury case depends on lots of factors, including:
- Nature and extent of the injury
- Amount of economic damages (such as lost wages and medical bills)
- Amount of time the injury is expected to last
The best way to put a value on your specific case is to check with a personal injury attorney or accident lawyer near you.
Florida, for example, has strict limits on the amount an individual or estate can gain from injury or death in addition to economic damages for medical bills and direct expenses:
- Individuals and estates can usually recover any medical or other related bills incurred directly from the injury, accident, or negligence.
- Non-economic, intangible damages are limited to $500,000, in most cases; the amount can be doubled if the person dies or is left in a vegetative state.
- Punitive damages are unlimited, if it is determined that a defendant purposely caused harm.
- In wrongful death cases, the estate or family may recover funeral expenses, depending upon who paid them.
- Lost wages
- Medical bills
- Direct expenses--rental car, etc.
- Pain
- Suffering
- Humiliation
- Distress
If the deceased in a wrongful death case was employed at the time of death, "lost net accumulations of the estate" also may be recovered for earnings that he or she might reasonably be expected to earn during his or her remaining work-life expectancy.
Are medical bills included in a bodily injury claim?
The term "bodily injury claim" usually refers to a "personal injury claim." In these cases, "economic damages" would include, but aren't limited to:
"General damages" could include:
If you settle your bodily injury claim, it must include all the types of damages available to you, or you are likely to lose your right to recover for those losses at a later date.
How do I collect my personal injury award?
If the person against whom you have the judgment has insurance, the easiest thing to do is simply to notify the insurance company of your judgment (if they're not already aware of it). The insurance company will usually just write a check for the damages up to the limit of the insurance policy. If the person against whom you have the judgment is uninsured, collecting will not be as easy. You must have the judgment "entered" with the court and then seek to "enforce" the judgment. There are attorneys who specialize in collecting judgments, and it would be a good idea to consult with one.
Can I ask my lawyer for a copy of the personal injury settlement check?
Yes, and you should. As a client, you have an absolute right to see a copy of the settlement check, as well as to review a copy of the settlement breakdown sheet before the check is deposited. Usually, the insurance company check has both your name and your attorney's name on it, so you would typically have to endorse the check before it is placed in your lawyer's trust account. Ask your lawyer to provide you with a copy of the actual settlement check forwarded to him by the insurance company, as well as a copy of all checks written by him (which should total the full amount of the settlement).
What is a proper contingency fee?
An attorney's fee is usually negotiated. It depends on the complexity of the case, the time at which it settles, and the anticipated costs that may be invested. In California, 40 percent is the fee that is typically charged as the maximum fee if the matter is litigated through trial or arbitration. The only way to know if your attorney is willing to consider a lower fee is to ask. If there is not much of a fault ("liability") issue, you may be able to find a less-expensive lawyer. The skill and reputation of your lawyer is very important, however. A 40 percent fee to a highly skilled, well-respected lawyer probably will yield a higher overall recovery to you than a lower fee paid to less-experienced counsel.
Do lawyers receive their fee percent before or after the medical expenses are paid?
The attorney's fees paid and the payment schedule will be based on the retainer agreement between you and your lawyer. Read the contract carefully. Some retainer agreements provide that attorney's fees be calculated on the gross settlement (before the medical bills are paid) and some provide for payment of fees after medical expenses are paid (the "net" amount).
Can my lawyer settle my personal injury case without my consent?
It is possible that the retainer agreement you signed with your lawyer allows him or her to settle the case without your consent and sign the settlement and release agreement on your behalf. If your attorney settled the case without your permission, and you have not yet signed the settlement and release agreement, you should tell your lawyer that you do not want to proceed with the settlement if you are unhappy about it. If a check was forwarded to your lawyer already, it is a simple matter to return the funds.
Can I gain access to my child's personal injury settlement money?
A parent usually does not have access to a child's settlement funds. The reason for this is to protect children from parents who might use the money to benefit themselves, instead of the child. A court will generally place a child's settlement money in a "blocked" bank account until the child turns 18. A court will sometimes allow withdrawals from blocked accounts, if the funds are needed for the child's care and well being and the court is satisfied the funds will be used to benefit the minor. You and your lawyer should discuss what expenses might be paid for with the settlement funds.
Can I break an annuity from an auto accident settlement?
You probably cannot. The purpose behind an annuity is to have the insurance company pay out the settlement funds over time rather than in one lump-sum payment. It is difficult to "break" an annuity and usually requires getting a court to set it aside. In the situation of someone who is underage at the time of the settlement, the only alternative to an annuity available to the parents is to accept a lump sum payment and put it in the bank for their child. This usually results in significantly less interest earned than with a structured settlement annuity. Another possible--though not recommended--alternative is finding a company that purchases structured settlements from personal injury victims. Usually these companies will pay 20 to 50 cents on the dollar and purchase the right to future payments. In most situations, a substantial amount of money is lost if you choose this option.
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