Being injured in a car accident in Florida can cause an array of expenses, including medical bills and lost wages. In a lot of instances, the expenses are more than the average person can afford, especially if their injuries are so severe that they are unable to work.
Fortunately, Florida state law gives you the right to seek compensation for the damages stemming from your injuries by filing a personal injury claim against the careless driver who was responsible for your injuries. A personal injury attorney can help you in many ways after your accident, not the least of which is to protect your right to obtain the total compensation you are due for your injuries.
Most personal injury attorneys work on a contingency basis, meaning there are no upfront costs for their clients to handle their case; the attorneys collect their fee as a percentage of the final cash settlement. If they lose the case, they don’t get paid. As a result, they tend to choose their cases carefully. How does an attorney know if a car accident case is worth pursuing?
Some Deciding Factors for Accepting a Car Accident Injury Claim in Florida
Here are some of the questions attorneys ask themselves when deciding to accept a case:
Is the claim timely?
Florida has statutes of limitation laws stating that you only have 2 years from the time of the car accident in which to file a personal injury claim. If your accident occurred more than two years ago, a claim is no longer possible because the courts will refuse to consider your case.
Were your injuries the result of someone else’s negligence?
In order to collect compensation for your injuries, you must be able to demonstrate that the defendant was negligent in their actions, these actions resulted in the car accident that caused your injuries, and that you have suffered losses as a result of those injuries. Without this evidence, it will be difficult to establish your claim.
Will the potential recovery make the car accident case worth pursuing (for both the attorney and the client)?
Prevailing in a personal injury claim takes a lot of time and effort on the part of the attorney and their team. In turn, the potential payoff has to be sufficient to make it worth the attorney’s investment.
If there are only minor injuries and damages, the potential compensation will be relatively low as well. This means that, for the accident victim, it is not necessarily worth paying a percentage of their settlement to an attorney.
Will this case be difficult to win?
As we stated above, the payoff has to be worth the attorney’s investment of time and resources. In cases where a client shares significant liability for an accident, delayed seeking medical treatment or simply isn’t credible, the difficulties and risks associated with the case may be more than the attorney wants to take on.
Is this an area of law we’re familiar with?
There are so many areas of personal injury law that it’s impossible for an attorney to have expertise in all of them. Personal injury claims can include everything from medical malpractice and nursing home abuse to big truck accidents and animal bites. Do some research to find a personal injury attorney with extensive experience in handling Florida car accident injury claims.
What are the potential client’s motivations?
An attorney will also take into account a client’s motivations when deciding to accept a case. For example, if the attorney gets the sense that you’re exaggerating the extent of your injuries and losses, they may decline to accept your case.
Speak To A Winter Haven Car Accident Lawyer About Your Case
If you’ve been injured in a car accident in Central Florida, Tania Rivas is here to protect your rights. Lakeland car accident lawyer Tania Rivas and Rivas Law Group have successfully represented clients injured in a wide range of car accidents in Winter Haven, Lutz, Lakeland, and other Central Florida communities. Tania has obtained millions of dollars in settlements for her clients, including $850,000 for a driver injured in a Tampa rear-end accident and $750,000 for a driver injured in a Lutz car accident.
Don’t wait too long to seek legal help — it could hurt your case. Contact Rivas Law Group through our website or call us at (877) 299-5539 without delay.
