Have you suffered a personal injury that resulted in financial loss or medical expenses? Our Tampa law firm specializes in helping clients just like you. We are here to answer all your questions and discuss some information you should know about the next steps so that you can be as informed as possible going forward.
Do I Have a Personal Injury Case?
Florida personal injury law aims to compensate victims of injuries caused by another’s negligence. Negligence results when:
- Someone has a duty to exercise reasonable care;
- The person breaches that duty by an act or omission;
- The breach of the duty of reasonable care causes injury to another; and
- The injured person suffers damages.
Common types of personal injury cases are car accidents, medical malpractice, or slip and fall accidents. If you have injuries or medical expenses that were someone else’s fault, then an attorney can help you.
Speak to a lawyer to see if you have a valid claim and how you can get help with your case.
When to Hire a Personal Injury Lawyer
However, there are some pretty significant advantages to having a lawyer help you with your claim.
An often-cited study by a major insurance company shows that on average a claim that’s handled by a personal injury lawyer settles for 400% more than a claim that is handled by an individual without a lawyer.
This study is the major reason that insurance claims adjusters are so aggressive in trying to get individuals to resolve their claims before lawyers get involved.
Remember the basic rule of insurance companies
They are in the business of making money. Insurance companies sell insurance products. They generate revenue from consumers paying them for the insurance. Their costs occur when they have to pay claims.
Therefore, for insurance companies to make massive profits they want to sell as many policies as possible and deny paying as many claims as possible.
These are billion-dollar companies that have been making record profits year after year. To put it in perspective, State Farm saw a $3.2 billion increase in net income between 2011 and 2012. Insurance companies are very good at denying or settling claims for pennies on the dollar.
Now, lawyers do cost you money on the backend of your case—which we’ll talk about a little later. For an average claim, a lawyer will take 33% of the recovery.
The success of any legal matter depends on the unique circumstances of each case, therefore, we cannot guarantee particular results for future clients.
So, let’s do some quick math. For example, let’s say a claim resolves for $25,000 with a lawyer.
Let’s assume that the average claim a lawyer settled for 400% more than for which the claim would have settled without an attorney. In this example, the individual would have received a $6,250 settlement (before the medical bills are paid!) without a lawyer.
The attorney would take a settlement fee of $8,325, leaving $16,675 in gross recovery for the client (before any medical bills are paid). In this example, the net recovery for someone who works with an attorney is on average $10,000 more than what that person would have received without a lawyer.
Now, there are certain situations where it might be worth it for someone to try to resolve his or her case without a lawyer. For example, cases, where the medical bills are a couple of thousand dollars or less and the person, does not have a permanent injury. In Florida, if someone does not have a permanent injury, he or she cannot ask for compensation for pain and suffering and loss of enjoyment of life. It is these damages that significantly increase the value of a personal injury claim.
How Do I Hire a Personal Injury Lawyer?
If you or a loved one has been involved in any kind of accident, one of your next steps is consulting a lawyer who can help you. Choosing and hiring an attorney may seem hard, as this is a very important decision.
Here are some things you should know about hiring an attorney if you have been the victim of a personal injury.
How Do I Choose a Personal Injury Lawyer?
Watch: Tips for Choosing a Personal Injury Attorney:
The success of any legal matter depends on the unique circumstances of each case, therefore, we cannot guarantee particular results for future clients.
Choosing an attorney to represent you is an important decision. The attorney you choose will be responsible for building your case and fighting to get you results. There are a few things to keep in mind when choosing a lawyer:
- Experience. An attorney’s experience is probably the most important thing to check for. Someone specializing in personal injury will know how to best help you after an accident. You can search for an attorney on the Florida Bar website to see how long someone has been practicing. The attorneys at Denmon Pearlman have plenty of experience helping clients with their recovery. We use our knowledge of Florida law and the legal process to get the best results for each individual client.
- Client results. When choosing an attorney, the results he or she can get for you are a big concern. You want to make sure the lawyer you pick can help you get the best results. Many lawyers have testimonials on their webpages. These can give you a good idea about what you can expect for your case. Attorney reviews and ratings are also a helpful indicator of client satisfaction. Good results lead to happy clients, so a high rating likely indicates that clients were happy with how their case was handled.
- Attend a consultation. Many attorneys offer free consultations. Your initial consultation will give you the opportunity to ask important questions and to get a feel for how your case will go. We offer free consultations so that we can evaluate your claim and make sure you are confident that we can represent you with the highest level of quality.
How Do I Talk to a Personal Injury Lawyer?
Talking to a legal professional may seem difficult. Do you need to know legal terminology? What should you say or not say? Are there certain questions you should ask? Talking to an attorney does not have to be hard or complex. Here are a few things to know when having a conversation with your attorney:
- Be as honest and thorough as possible. While you may think certain information is irrelevant or may hurt your case, it is important to tell your lawyer everything you can. This includes information about the incident, your medical history, events leading up to the accident, or anything else. Part of the process is using the information you give to build the best case for you. An attorney cannot do their job without all the facts. Answer any questions truthfully, and try to give as many details as possible..
- Ask questions if you do not understand something. When discussing your case, you may hear terms or concepts that you do not fully understand. If you feel at all confused, do not hesitate to stop and ask questions. You should feel confident and secure about your knowledge of an attorney’s approach. Part of a lawyer’s job is to answer any questions you have.
- Communicate any changes or updates to your attorney throughout your case. It is not uncommon for there to be changes or developments during your case. This can include changes in symptoms or injuries, contact with an insurance company, or changes to workers’ compensation benefits. Your attorney needs this information to develop your case accordingly, so make sure to let him or her know about anything that comes up.
What Questions Should I Ask My Personal Injury Attorney?
At your initial consultation, part of the time should be spent answering any questions you have. Some questions you should ask your personal injury attorney include:
- How much experience do you have helping clients like me?
- What kind of claim do you think I have?
- What damages can I seek in my case?
Watch: What Damages Can I Seek in a Personal Injury Lawsuit Florida:
The success of any legal matter depends on the unique circumstances of each case, therefore, we cannot guarantee particular results for future clients.
- What can I expect from my case?
In addition to the above questions, there are many other questions you can and should ask your lawyer. We answer some of the most common questions we hear from clients so that you are well-informed about the process.
What Does a Personal Injury Lawyer Do?
Craft the best claim for you. Every case is unique. At your consultation, an attorney will look at your case with a unique perspective to make the best case for you. He or she will ask questions designed to figure out your goals and what kind of case you have.
This way, they can create an approach to accomplish your specific goals.
Gather information to build and strengthen your case. A part of building your case requires gathering all the relevant information. This includes medical records, accident reports, and information from other parties involved. A good lawyer will know who to contact to get all the information needed for your case and will know what information they need to gather.
It can be confusing to know what information you need for your claim and how to go about getting it. An attorney takes care of that for you.
Act as a guide. After an accident, you may have serious injuries. You may have to miss work, file for disability, or see multiple doctors. A lawyer guides you through each step of the process so that you are never confused about what to do. They let you know what your best steps are and act as a resource to give you the best recommendations for your recovery and your case.
Whether it is recommending what kind of medical care to get, helping you file for disability, or guiding you through interactions with an insurance company, they are by your side as an advocate.
Deal with insurance companies and defense attorneys so you do not have to. Dealing with insurance companies can be a hassle. You may wonder if you have to sign releases, give recorded statements, and what you should or should not say to them. When you hire an attorney, you get someone who knows how to deal with these companies.
One of the best things about having an attorney to represent you is being able to have a lawyer step in for you. He or she will let you know what information you do and do not have to give. Your lawyer will also represent you at any proceedings you attend so that you are armed with someone to talk you through everything step-by-step.
Negotiate a fair settlement amount. Negotiation is a major and important part of your case. An insurance company or defense team may offer a settlement to avoid going to court. However, early settlement amounts can be very low in the hopes you are happy to get any amount offered. Someone with experience will use his or her knowledge of Florida law to negotiate something that is fair.
He or she knows what you can realistically get in court, and will use this knowledge to negotiate an offer that will compensate you for all that you have been through. Costs like medical expenses, property damage, or time off work can add up. Your lawyer makes sure that you can take care of these expenses and focus on moving forward.
Go to court if necessary. Sometimes, insurance companies and defense teams are unwilling to negotiate. If this is the case, someone with trial experience will not be afraid to go to court to get what you really deserve. In many cases, going to court may lead to a fairer settlement offer. In any event, an attorney knows what arguments to make to the court and how to best present your case. This way, you get the best outcome.
Our trial lawyers have extensive court experience and will know how to handle your court case. From filing the necessary documents to making your case in court, an attorney should make it his or her goal to fight for an outcome that you will be happy with.
How Long Do Personal Injury Claims Take?
There are many steps involved when filing a claim, and the process can be lengthy. No case is alike, and each case will have its own specific timeline. However, on average, a few factors influence how long your case takes.
- Filing your claim. There is a process involved with filing a claim, and this can take some time. From finding the right attorney for you and consulting with him or her and gathering the information needed to actually filing the claim, it can take some time for your case to get started. The statute of limitations to file a claim is typically 4 years, so contacting an attorney as soon as possible is crucial for getting your claim done in a timely manner. You may also need to file for benefits such as workers’ comp and social security as part of your claim.
- How long your medical treatment takes. If your injuries are extensive, such as dismemberment, spinal cord injuries, or a brain injury, treatment may take a long time and require several methods of treatment. Because your case is largely dependent on your medical damages, this will affect how long it takes to gather all the necessary documentation and make the case for how much you are entitled to.
- The discovery process, which is the process of gathering necessary information from the opposing party.
- Negotiations with insurance companies or defense teams can add time to the claims process. Sometimes, settlement talks can result in a fair settlement being reached quickly. Other times, settlement may take longer or be unsuccessful. For more information about the settlement process, you can visit this link.
- If the case goes to trial, the trial process can be long and take some time to reach a resolution.
In short, each claim and its timeline is unique. To get an assessment of how long your specific personal injury claim will take, consult with an attorney.
Watch: What is the timeline of my injury case?
The success of any legal matter depends on the unique circumstances of each case, therefore, we cannot guarantee particular results for future clients.
What Is the Average Settlement for Personal Injury Cases?
The average settlement for personal injury cases can vary depending on your specific type of personal injury case. For example, the average settlement for a standard car accident can be $10,000-$20,000. This can be much higher if there is serious injury or death. A lawyer can let you know how much your case is worth. Here are some factors that can influence a settlement amount:
- How serious your injuries are. If your injuries are serious, you may require extensive medical treatment, leading to higher expenses. Costs can add up quickly, from medical bills, out-of-pocket expenses, and time off from work or permanent disability.
- Wrongful death. If a loved one was killed in an accident, your damages may be higher due to a wrongful death claim, loss of consortium, or other associated claims.
- Pain and suffering. Pain and suffering is a claim for non-economic damages that often results in some of the larger settlements from courts. Pain and suffering can be claimed for the physical and mental distress caused by your personal injury incident. You can calculate an estimate of pain and suffering damages here.
Watch: What is My Personal Injury Claim Worth:
The success of any legal matter depends on the unique circumstances of each case, therefore, we cannot guarantee particular results for future clients.
What Happens If I Lose My Personal Injury Claim?
Unfortunately, not every case will result in success. If you lose your case, you may worry about the costs and what will happen. Fortunately, many personal injury attorneys work on a contingency fee basis. This means that if you do not win your case, you are not responsible for paying the attorney fees. In the event of a court award, litigation costs will often be split between all attorneys who worked on your case.
Choosing an attorney with a history of client success and many years’ experience working with personal injury clients will give you the best shot at winning your case and getting a settlement that will allow you to recover.
Can I Fire a Personal Injury Attorney?
If you are unhappy with how your case is proceeding or your representation, you have the right to fire your attorney and choose another one. Although, keep in mind that just because a case is not proceeding very quickly does not necessarily mean that an attorney is not doing his or her job. It can sometimes take time to gather information and build your case. Your attorney may just be doing his or her job to be as thorough as possible.
However, if you feel that your representation involves a of lack of communication, unanswered questions, or failure to listen to you, you can fire your attorney and choose someone to better represent your interests.
Our Personal Injury Lawyers
Christian Denmon is the managing partner and lead divorce lawyer at Denmon Pearlman. Christian is known for being dedicated to helping his clients through difficult family law and personal injury cases. As a result of his dedication to his clients, Christian is a four-time consecutive recipient of the AVVO Client’s Choice Award and was designated a SuperLawyer Rising Star in 2017.
In addition, he has been named a Top 100 and Top 40under 40 Civil Trial Lawyers by the National Trial Lawyers Association. Christian frequently contributes to Huffington Post and lives in St. Petersburg with his wife, their two daughters, and two dogs.
Lee Pearlman is a personal injury and criminal defense attorney with a reputation for helping clients fight for fair offers and results that will benefit them. Lee has extensive trial experience and has fought against insurance companies all over Florida on behalf of his clients. Lee served two years in the military police before law school, and went on to compete in Stetson Law School’s Trial Team and Alternative Dispute Resolution Board while studying to become an attorney. Lee lives with his wife and their two songs in Pinellas County.
Nicole Pearlman is a personal injury trial lawyer who leads Denmon Pearlman’s Pre-Suit Personal Injury Division. Nicole uses her trial experience from her time as Assistant State Attorney for Pinellas County and her several years of practice in family law to get the best result for her clients and steadfastly represent them in court. Nicole is a huge fan of the Florida Gators, and lives in Pinellas County with her husband, Lee Pearlman, and their two sons.
Our Personal Injury Services
- Burn Injury
- Dog Bites
- Neck Injury
- Negligent Security
- Product Liability
- Slip and Fall
- Spinal Cord Injury
- Workers Compensation
- Car Accident
- Motorcycle Accident
- Bicycle Accident Lawyer
- Pedestrian Accident
- School Bus Accident
- Truck Accident
- Uber Accident
- Medical Malpractice
- Nursing Home Abuse
Call the Experienced Personal Injury Attorneys at Denman Pearlman Today!
If you have injuries or medical expenses from an accident or other personal injuries in the Hillsborough or Tampa Bay area, you need someone with the experience and the knowledge to fight for you. The expert attorneys at the law firm of Denmon Pearlman are known for providing top-notch legal services. We are ready and willing to assist you with any questions and legal services.
Specializing in personal injury, we are dedicated to assisting our clients with their recovery. At your initial consultation, we will talk you through your options and answer all your questions. Call today to ask any questions or schedule an appointment with a Tampa personal injury lawyer.
