Frequently Asked Questions (FAQs)
What is a personal injury case?
A personal injury case is a legal dispute that arises when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. These cases can stem from auto accidents, slip and fall incidents, medical malpractice, and more.
How do I know if I have a valid personal injury claim?
To have a valid claim, you must demonstrate that another party was negligent or at fault for your injury. This typically involves proving that the other party had a duty to ensure your safety, breached that duty, and caused your injury as a result. Consulting with a personal injury attorney can help determine the validity of your claim.
What types of compensation can I recover in a personal injury case in Florida?
In Florida, you may be entitled to various types of compensation, including but not limited to medical expenses, lost wages, pain and suffering, and property damage. Each case is unique, so the specific types of compensation will depend on the details of your situation.
How long do I have to file a personal injury lawsuit in Florida?
Florida law requires that personal injury lawsuits be filed within a specific time frame, known as the statute of limitations. For most personal injury cases, this period is four years from the date of the accident. However, there are exceptions, so it's crucial to consult an attorney as soon as possible to avoid missing critical deadlines.
Do I need an attorney for a personal injury case?
While it's possible to navigate a personal injury claim on your own, having an experienced attorney can significantly impact the outcome. Personal injury attorneys can provide valuable guidance, handle negotiations with insurance companies, and advocate for your best interests, potentially leading to a more favorable settlement or verdict.
What should I do immediately after an accident?
After ensuring your safety and seeking medical attention, it's important to document the accident scene, gather contact information from witnesses, and report the incident to the appropriate authorities. Avoid discussing fault at the scene and refrain from making detailed statements to insurance companies before consulting an attorney.
How does the legal process work in a personal injury case?
The process typically begins with a free consultation with an attorney, who will evaluate your case. If you decide to proceed, your attorney will gather evidence, file necessary paperwork, and negotiate with insurance companies on your behalf. If a fair settlement cannot be reached, your case may go to trial, where a judge or jury will make a decision.
How much does it cost to hire a personal injury attorney in Florida?
Most personal injury attorneys in Florida work on a contingency fee basis, meaning you won't pay any upfront fees. Instead, your attorney will receive a percentage of the settlement or verdict amount if you win your case. This fee structure allows access to legal representation without immediate financial burden.
How long does a personal injury case take to resolve?
The duration of a personal injury case can vary widely depending on the complexity of the case, the extent of your injuries, and the willingness of the involved parties to reach a settlement. Some cases may settle in a few months, while others could take years to reach a resolution.
Can I still recover compensation if I was partially at fault for the accident?
Yes, Florida follows a comparative negligence rule, which means you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault in the accident.
For more specific advice or questions about your case, please contact our office to schedule a consultation with one of our experienced personal injury attorneys.
This FAQ section is intended to provide general information and should not be considered legal advice. Always consult with an attorney for guidance related to your specific situation.
Compassionate Service, Relentless Pursuit Of Justice
For over 14 years, Javier Finlay has guided his clients in a variety of cases with different types and severity of injuries, including the following:
Dangerous and defective products
Nursing home neglect and abuse
Childbirth injuries and other instances of medical malpractice
Slip/trip and falls
Traumatic brain injuries (TBIs) and other catastrophic injuries
Wrongful death claims
The service provided at Finlay Law Firm in Coral Gables aims to protect injury victims and their loved ones. Mr. Finlay will not settle for less and will go to court with you if required to increase your compensation or seek justice.