Personal Injury FAQ

Your health is the most important thing. After ensuring your safety, seek medical attention by calling 911. Wait at the scene for the ambulance and police to arrive. If you can, gather evidence such as the other driver’s contact and insurance information, contact information from any third-party eyewitnesses, and photos of the crash scene.

The sooner, the better. Contacting an attorney promptly ensures your rights are protected from the start. Once you file a claim, the insurance company’s claims adjuster is likely to get in touch. Having your lawyer deal with them while you are in pain and shock from your injuries can make the process much easier and more fair to you.

Remember, it is the insurance adjuster’s job to settle your claim for as little money as possible. They will seek any excuse to deny it, but if they cannot, they likely will pressure you into accepting a lowball settlement offer.

Your claim could be worth more than you realize. Consulting an attorney is advisable before accepting any settlement. They can assess if it adequately covers your damages.

The duration varies based on case complexity. Factors like negotiations and trial schedules influence timelines. Also, a case that settles out of court will generally take less time than one that goes to trial. Roughly speaking, the average claim can take about a year to resolve.

Florida law accepts three types of personal injury damages. Economic damages include things that cause a clear monetary loss, such as your hospital bills and the wages you lost because you could not work. Noneconomic damages are things like the pain and suffering and reduced quality of life you have experienced as a result of the defendant’s negligence.

In cases where the defendant intentionally hurt you or acted with gross negligence, the court could award punitive damages. State law limits punitive damages to three times your compensatory damages or $500,000, whichever is greater.

Since 2023, Florida uses a modified comparative negligence rule for cases where the plaintiff is partly responsible for their own injuries. As long as the judge or jury finds the plaintiff was no more than 50% responsible, they can recover damages. The damages the judge or jury finds the plaintiff suffered get reduced by their percentage of fault. For example, a plaintiff who suffered $100,000 in damages and was 20% liable would be awarded $80,000.

Therefore, it is often still worth pursuing a claim even if you were partly at fault for what happened.

Many cases are settled out of court. Most of the time, insurance companies would rather reach a reasonable settlement than pay the expense of going to trial and gambling on the verdict. But your attorney will prepare for trial if necessary. In fact, the insurance company’s knowledge that you have a lawyer willing to take your case to court rather than accept a poor settlement offer can work in your favor in negotiations.

At Titan Law, our attorneys work on a contingency fee basis, meaning you only pay if we secure compensation for you. At that point, we accept a percentage of your compensation. This means you pay nothing while we work on your case, and there is no financial risk to you.