When most new clients walk into a law office, they have never been involved in a personal injury lawsuit. That’s why it’s helpful to address commonly asked questions about personal injury cases.
If you have any further questions, schedule a free consultation with an Orlando personal injury lawyer.
What Are the Types of Personal Injury Cases?
Personal injury is a type of tort law. A tort is a civil wrong that happens when someone intentionally or unintentionally hurts another person or their property.
Accidents happen in all different ways. There are many different types of personal injury cases.
The most common include:
- Car accidents
- Truck accidents
- Bicycle accidents
- Sports injuries
- Premises liability
- Slip and falls
- Products liability
- Motorcycle accidents
- Wrongful death
- Workers’ compensation
- Brain injuries
- Construction accidents
If you have experienced any type of personal injury case, call a skilled personal injury lawyer to discuss your legal options.
How Do You Prove a Personal Injury Case?
You can prove a personal injury case by showing negligence. Someone is negligent when they cause an accident because they failed to use reasonable care. Reasonable care means acting cautiously and avoiding unnecessary risks that endanger others.
There are four elements to every negligence claim.
The elements are:
- Duty
- Breach
- Causation
- Damages
You must prove each element by a preponderance of the evidence. That means that it is more likely than not true.
To prove negligence you need to provide evidence of each element. Evidence can include photographs, witness testimony, and records or reports. An Orlando personal injury attorney can help you gather enough evidence to prove your personal injury case.
What Damages Are Available In a Personal Injury Case?
Personal injury plaintiffs can recover economic and non-economic damages. Economic damages are financial losses that happen because of an accident. Non-economic damages are non-financial and intangible losses.
Common examples of both economic and non-economic damages are:
- Medical bills
- Lost wages
- Rehabilitation and physical therapy
- Increased transportation or childcare costs
- Out-of-pocket expenses
- Pain and suffering
- Emotional anguish
- Loss of enjoyment of life
- Loss of companionship
- Loss of overall quality of life
- Mental illness
In some cases, plaintiffs can also recover punitive damages. Punitive damages are available if the defendant was grossly negligent or engaged in intentional misconduct. The plaintiff must prove that they are entitled to punitive damages by clear and convincing evidence. This is a higher evidentiary burden than proving compensatory damages.
Do All Personal Injury Cases Go To Trial?
No. Most personal injury cases never go to trial. Personal injury cases tend to go hand in hand with insurance claims. A case usually only goes to trial if the insurance company and defendant refuse to pay out a claim.
Before filing a lawsuit, most personal injury lawyers will negotiate with insurance for a settlement. If they can’t get a fair settlement then they will file a lawsuit. Even after filing a personal injury lawsuit, both parties engage in active settlement talks.
A personal injury case could settle at any point up until the trial starts. Some cases even settle during trial. The most common time to settle a case is during the discovery phase. That’s because it is the time when the parties see the evidence. This can encourage a defendant or plaintiff to settle if they see that they will likely lose at trial.
What Are the Steps In a Personal Injury Case?
Most personal injury cases have a similar timeline.
The basic steps are:
- Investigate the case
- File an insurance claim
- Negotiate with insurance
- Reject unfair settlement offers
- File a personal injury lawsuit
- Go through the discovery process
- File and argue pretrial motions
- Prepare for trial
- Go to trial
- Have a hearing on damages
Throughout the process, the plaintiff’s lawyer and the defendant’s lawyer will negotiate. In some cases, they will reach an agreement to settle. In other cases, it will go all the way through trial.
Depending on the case, some steps may take days, weeks, or months to complete. More complex cases like product liability or class actions can take multiple years to get to trial. A simple car accident case can take a few months to resolve.
An Orlando personal injury attorney can give you a more accurate estimate of the timeline in your case.
Can I Recover Damages Even if I Am Responsible for Causing the Injury?
Florida follows modified comparative fault law. Under this rule, you can recover damages even if you are partially responsible for your injury. The only limitation is that you are 50% or less responsible. If you are 51% or more liable, then you can’t recover anything at all.
If you are partially responsible then you can recover proportionate damages. That means that the damages are proportionate to the defendant’s share of responsibility. For example, if the defendant is 60% responsible and you are 40% responsible, then you will recover 60% of your damages.
Even though modified comparative fault helps plaintiffs, it can also hurt them. It incentivizes defendants to blame plaintiffs unfairly to minimize their financial liability. You should always protect yourself from unfair blame so that it doesn’t affect your recovery down the line.
How Much Does a Personal Injury Lawyer Cost?
Orlando personal injury lawyers charge a contingency fee. A contingency fee is a special arrangement where the lawyer takes a percentage of the damages. The lawyer only takes a percentage if they win the case. If they lose, then the client doesn’t have to pay the lawyer anything at all.
Usually, the percentage in an Orlando personal injury case is around 33% to 40%. However, it varies depending on the type of case and the work involved. If a case settles outside of court, the lawyer usually takes less than if the case goes all the way to trial.
This means that the payment is always proportional to the money won. It also means that a plaintiff doesn’t need to pay hourly fees or worry about not having enough money to pay the attorney. After all, it comes directly from the settlement or payout.
A Personal Injury Lawyer Can Help With Your Claim
If you were injured because of someone else’s negligence or misconduct, you could be entitled to compensation. However, navigating your personal injury claim can be difficult. It is crucial to consult an experienced personal injury lawyer.
