Frequently Asked Miami Injury Questions (FAQ)
Answers from Our Miami Injury Lawyer
At Seltzer Law, PA, we understand that pursuing a personal injury lawsuit may be an intimidating experience. For this reason, we would like to ensure that you are aware of your rights as a victim and that you have access to all of the information that you will need to move forward confidently. Below, we have compiled a list of answers to some of the most frequently asked questions regarding personal injury law in Florida, but we encourage you to contact a Miami injury attorney at our firm directly.
How can I afford to pay for an attorney after suffering an injury?
Seltzer Law, PA handles personal injury claims on a contingency fee basis. This means that your legal fees and expenses will be deducted from the settlement that we are able to generate for you. No legal fees are paid unless you receive compensation for your injuries, so you would not have to worry about footing the bill for a losing case when you enlist the help of our firm. The specifics of your arrangement will be worked out between you and your lawyer.
How do I know if I have a legitimate personal injury claim?
In order to successfully file a personal injury claim, you will need to provide verification of your injuries and show that your injury has resulted from the liability or negligence of another party. The most important part of your case will be your ability to prove that the defendant is negligently or recklessly responsible for causing you harm, so it is highly recommended that you discuss your case with an experienced lawyer immediately after suffering an injury.
If I was injured on someone else's property, who would be liable?
Fault in a premises liability case is determined by a number of specific factors. If you were injured under preventable circumstances, you must be able to show that the property owner was aware of the hazardous conditions and that they had subsequently failed to remedy them. This would be the case if, for example, you were hurt in a slip and fall accident that was caused by inadequate lighting, fallen debris and/or a slippery substance that was left on the floor.
How much is my personal injury case ultimately worth?
It is important to understand that there are several different factors that will contribute to the value of your personal injury case. Ultimately, you must determine what types of damages you are entitled to by looking at the severity of the injuries that you have suffered, the cost of your medical treatment, the impact that your injuries will have on your ability to work and the level of emotional distress that you were caused. From there, you will be able to gain a better understanding of what your case could be worth.
When would it be a good idea to hire a Miami injury attorney?
The best time to hire a Miami personal injury lawyer after an accident is immediately. Since every aspect of the event and the scene plays a role in your case, having legal representation from the onset will be critical. In addition, the filing of a claim is very complicated, and in some instances there is a very short time frame in which you will be able to file your notice of a claim. For this reason, you should not hesitate to sit down with a lawyer as soon as you have been injured.
Why would I need to hire an attorney if I've been injured?
The insurance company of the negligent party will do everything in their power to settle immediately and resolve the matter, but you may not receive anywhere near what you'll need to compensate for medical costs and damages. Our firm will be able to negotiate on your behalf to ensure you get a fair and just settlement, and our attorney is only compensated by getting paid a percentage of what he is able to generate in a settlement for you. This being the case, you know there will be motivation to obtain as much as possible for the client.
How long do I have to file a claim in Miami, Florida?
In the state of Florida, personal injury victims have a time limit in which they can file a claim. The statute of limitations for personal injury claims in Florida is 4 years, and for wrongful death cases it is 2 years. This can also depend on when the injury was discovered and what type of person or entity you are bringing a case against. When you have the representation of a personal injury lawyer, you will be apprised of any deadlines in your case.
How long will it take to settle my case once I initiate a lawsuit?
This will depend on a number of factors. It is important to provide your injuries time to stabilize prior to negotiating settlement. This is because there might be unrealized injuries that haven't yet taken effect. This could include damage to your brain or spinal cord, the necessity of future medical care for other ailments, physical therapy and scarring.
It is ideal to begin negotiation for settlement once the treating physician issues a final medical report that details the diagnosis of the injuries and the physician's prognosis. At this point, it typically takes 4-6 weeks for the insurance provider to review the claim. Once this happens, negotiations will begin and are often swift. Not all cases are created equal though, and more complicated cases may take longer.