When to Hire a Personal Injury Lawyer

After an accidental injury or demise of a loved one, you have a limited time to file a lawsuit against the at-fault party. In Florida, the personal injury statute of limitations underwent a change in 2023 that reduced the filing deadline from its previous four-year status. Today:

• The personal injury statute of limitations is generally two years, according to Florida Statutes § 95.11.
• The wrongful death statute of limitations is generally two years, per the same legal statute.
• Certain factors and actions could alter the statute of limitations, according to Florida Statutes § 95.051
• You generally have six months to provide written notification to a government agency, according to Florida Statutes § 768.28(6)(a)(1).

The sooner you hire a personal injury lawyer to represent you, the more time they have to investigate, speak to witnesses while their recollections are fresh, and meet all required notification and filing deadlines.

When you are suffering from severe injuries, they can limit your ability to actively participate in your case as much as you would like. A personal injury attorney can handle the hard work and legwork of your case, allowing you to focus on your recovery.

Your attorney can help you avoid the potentially costly consequences of filing your lawsuit too late in accordance with the deadline of the personal injury statute of limitations.

Some accidents that involve multiple parties can make financial and legal liability hard to determine. This could be the case if:

• You were injured in a multi-vehicle collision
• A loved one did not survive a negligence-based accident
• You were alleged to have caused or contributed to an accident
• Obtaining evidence on your own is difficult

Many other factors can make an accident hard to prove without legal support. When you hire a lawyer to represent you, they can obtain evidence that proves the accident’s cause and protects you from a decreased financial award.

After an accident, fault and financial liability are apportioned in percentage points. Per Florida Statutes § 768.81, any percentage of fault attributed to you decreases your compensation by the same amount. For example, a $1,000,000 award could be reduced to:

• $750,000
• $650,000
• $550,000

If 50% or more of the accident’s cause is attributed to you, you cannot recover any damages. A personal injury lawyer can help you fight for a fair distribution of fault or prove you did not contribute to the accident at all.

When an at-fault party’s negligence has been proven, their insurance company or legal representative may agree to negotiate a fair settlement. As the injured party, your representative will carefully document your accident-related expenses and losses and submit a settlement demand letter for this amount. From there:

• The insurance company will review your request and submit an offer of their own.
• Representatives from either side might request a deposition to understand the accident further.
• Several rounds of offers and counteroffers might take place.
• Once a settlement agreement is reached, your lawyer will review it with you for your acceptance.

If a settlement agreement cannot be reached, your lawyer will represent you in court and help you keep fighting for the financial compensation you need and deserve. This rarely occurs because most personal injury claims are resolved out of court, and your lawyer will work hard to guide your case toward an out-of-court settlement award.

A primary benefit of hiring a lawyer is their client-friendly fee structure. Most will accept your case on contingency, meaning:

• Your lawyer will cover any and all upfront costs
• You will pay nothing from your own pocket

You will only pay your lawyer if you receive compensation. If you do not recover damages, you will not owe any legal or attorney fees. That means hiring a personal injury lawyer is risk-free since their fee is an agreed upon percentage of your settlement or verdict.

If your personal injury case involves a car accident, your PIP insurance will cover many of your post-accident expenses. To recover additional damages, you must prove your injuries were more substantial, which will entitle you to recover:

• Medical costs
• Lost income
• Property damage
• Property loss
• Disability
• Disfigurement
• Pain and suffering
• Wrongful death damages, if applicable

Your lawyer will document your injuries and their related costs to help prevent your accident claim from being undervalued or underpaid.

Florida Statute § 627.737 defines serious injuries as permanent loss of a bodily function, permanent physical injuries, substantial and permanent scarring or disfigurement, and wrongful death.

If you or someone you love was injured by someone else’s negligence, you need to know when to hire a personal injury lawyer and how they can help you recover maximum compensation.

At Ged Lawyers, we offer a free consultation for you to learn more about how our attorneys can help you.