Here is a list of the top 100 personal injury questions. These questions not only involve topics and questions before a lawsuit is filed, but also after a lawsuit is filed.
These questions should apply to all personal injury cases, not just car accident cases, slip and fall cases, trucking accident cases, motorcycle accident cases, or any other type of personal injury case.
Of course, if you have a question that is not found in this list, do not hesitate to call (561) 246-4137 or email us ([email protected]) today.
- What exactly is a personal injury or a personal injury claim?
- What types of personal injury cases are there?
- How can I tell if I have a personal injury claim?
- Are most personal injury claims frivolous?
- How soon should I get medical treatment after an accident?
- I feel a little sore, but ok – should I still see a doctor?
- I think I am partially responsible for causing the accident – do I still have a personal injury claim?
- When should I contact an attorney to see if I have a personal injury claim?
- I think I can handle my own personal claim – should I?
- I am embarrassed to have a personal injury claim – is this normal?
- There are so many personal injury attorneys – how do I pick the right one?
- What can I do to protect my personal injury claim before I meet with a personal injury attorney?
- Should I speak with the negligent party’s insurance company, as they keep calling me?
- Will my meeting with my personal injury attorney be confidential?
- During my initial consultation, should I expect to meet with a personal injury attorney, or someone else?
- What kind of questions should I ask the personal injury attorney during my initial consultation?
- Will the personal injury attorney charge for the initial consultation?
- What can I expect during the initial consultation with the personal injury attorney?
- How long will the initial consultation last?
- What do personal injury attorneys charge for their services?
- What exactly is a contingency fee?
- How do I know if the contingency fee is normal and fair?
- Do I have to sign any other documents besides the contingency fee contract?
- I just retained a personal injury attorney – now what?
- What damages can I recover for my personal injury claim?
- Can I recover for my lost wages or time away from work?
- How do I prove my personal injury claim?
- What if the negligent party does not have any insurance?
- What if the negligent party has a minimum amount of insurance?
- I do not like lawsuits and do not want to go to court – do I have to?
- I have never been a party to a lawsuit before – is this normal?
- Where will my personal injury lawsuit be filed?
- What if my personal injury claim happened in another part of the state of Florida?
- What if my personal injury claim happened in another state?
- Will my personal injury claim be filed in state or federal court?
- If my personal injury claim has to be filed in federal court, what will be the differences between federal court and state court?
- Will my husband or wife have to be a party to my lawsuit even if he or she was not injured or even involved in the accident?
- What if I was not married to my spouse at the time of the accident, but we got married later – can my husband or wife still be a party to my lawsuit?
- Is it mandatory that my husband or wife be a party to the lawsuit?
- What kinds of damages can my spouse recover in my personal injury lawsuit?
- Will I ever have to meet or testify in front of the judge before trial?
- Who will the judge be for my personal injury lawsuit?
- Will the judge be fair for my personal injury lawsuit?
- What are interrogatories?
- What is a request for production?
- What is a subpoena?
- What kinds of documents can the insurance company seek from me?
- Can my social media accounts, like Facebook and Instagram, be examined and used in my personal injury lawsuit?
- Are personal injury lawsuits considered public record?
- Can someone do a search and find out I had a personal injury lawsuit?
- Is there any type of database which keeps track of a party’s personal injury claim history?
- I have never given a deposition before and they seem frightening – what can I expect to happen during my deposition?
- Will my personal injury claim go to trial?
- What is my personal injury claim worth?
- I was badly injured as a result of the accident but now I am perfectly healthy – will this impact the settlement value of my claim?
- One of my doctors told me my injuries are permanent and will never go away – how will this affect my personal injury claim?
- What if I can’t prove the other party was negligent?
- What can I do to maximize the settlement value of my personal injury claim?
- I have had prior personal injury claims – will they affect my personal injury settlement?
- I have pre-existing health conditions – will they affect my personal injury claim?
- Will the insurance company be able to look up and investigate my work history?
- Will the insurance company be able to look up and investigate my medical history?
- Will the insurance company be able to take the depositions of my family?
- Will the insurance company be able to take the deposition of my employer?
- Will the insurance company harass me during my personal injury case?
- What types of things are expected of me during a personal injury lawsuit?
- Can I call my personal injury attorney during the lawsuit to get updates?
- How often will my personal injury attorney call me during my claim?
- Is it normal to speak with a paralegal or a case manager, instead of my personal injury attorney?
- Can I switch lawyers during my personal injury case?
- What if my lawyer drops me during my personal injury case – what can I do?
- Can I attend the depositions of other parties and witnesses in my personal injury case?
- Will I be expected to attend the court hearings during my personal injury lawsuit?
- What is mediation?
- Will I have to participate in mediation for my personal injury claim?
- What do I have to do to prepare for mediation?
- I participated in mediation and the mediator was critical of my personal injury claim – does this matter?
- My personal injury case did not settle at mediation – does this mean my personal case will not settle and will have to go to trial?
- What if the negligent party says “I am sorry” or something similar during the mediation – can we use that in Court?
- What is arbitration?
- What are the differences between arbitration and mediation?
- How long will my personal injury case take from beginning to end?
- How, if at all, has Covid-19 affected personal injury claims?
- I just want my personal injury case to settle – can I?
- Can my lawyer settle my personal injury case without my consent?
- Can my lawyer pressure me to settle my personal injury case?
- How do I know if my personal injury settlement is fair and reasonable?
- Is there a limit or cap a jury can award for a personal injury claim?
- Is there a limit or cap on the personal injury settlement the negligent party must pay?
- Am I allowed to see the settlement check from the insurance company?
- Will I have to pay back my health insurance company for my medical bills?
- What if I lost my job as a result of my personal injury claim?
- Who will be responsible for my future medical care costs?
- My personal injury lawsuit just settled – how long until the insurance company sends the settlement check to my personal injury lawyer?
- Why is the insurance company including Medicaid on the check?
- Who will represent my child in court if he or she was injured in an accident?
- If my child’s personal injury claim settles, how will the settlement proceeds be handled?
- What exactly is a closing statement, and what does it look like?
- Must I get a copy of a closing statement for my personal injury claim?
- Is my personal injury settlement taxable?
What exactly is a personal injury or a personal injury claim?
Personal injury is the area of law which covers legal claims involving injuries to people. When you are injured a result of another person’s negligence or as the result of a defective product, you have what is called a “personal injury claim.”
What types of personal injury cases are there?
There are many types of personal injury claims. The most common personal injury claims are car accidents, wrongful death, motorcycle accidents, slip and falls, medical malpractice, defective products, trucking accidents, and premises liability.
How can I tell if I have a personal injury claim?
If you were injured as a result of another person or entity’s negligence or injured by a defective product, you may have a personal injury claim.
Importantly, you should meet with a personal injury lawyer to see whether you have a personal injury claim. After an accident, you may think the accident was your fault or that no person or entity was responsible for what happened.
But do not make this mistake.
Personal injury attorneys are trained to study and investigate accidents. While you may not believe another party was responsible, a personal injury attorney might find that another party is responsible for your injuries.
Are most personal injury claims frivolous?
No.
Despite what you might read or see on the news, most personal injury claims are not frivolous.
Now, not every personal injury claim involves serious, life-threatening injuries. The vast majority of personal injury claims involve injuries that will improve and heal over time.
Regardless of how severe the injury is, the legal system generally provides injured parties with the right to pursue a personal injury claim and seek damages for their injuries.
How soon should I get medical treatment after an accident?
After an accident, you should seek medical treatment as soon as you possibly can. Don’t wait to see if you will feel better, as you may not. In fact, you may get worse.
Additionally, getting medical care right way will ultimately help your personal injury claim. It will show you are taking your injuries seriously as well as documenting the need for medical treatment after the accident.
I feel a little sore, but ok – should I still see a doctor?
Yes.
It is normal to think you can sleep on it, and that you will feel better in the morning. But do not fall into this trap.
Often times, serious injuries may not manifest themselves right away. This is especially true for head injuries and soft tissue injuries.
The best practice is seek medical treatment right away so medical professionals can begin treating and managing your injuries. Do not gamble with your health.
I think I am partially responsible for causing the accident – do I still have a personal injury claim?
Yes, even if you are partially responsible for causing the accident you still have a personal injury claim.
Under Florida law, we have what is called “comparative fault.” How does this work? We will use a simple example.
If a jury decides that your personal injury damages are $100,000 but that you were 50% responsible for causing the accident, your damages would be $50,000 (or $100,000 times 50%).
Importantly, do not decide on your own that you are at fault – either fully or partially – for causing the accident. A personal injury lawyer will review the facts and circumstances of your case and may conclude that you are not at fault. Personal injury lawyers are trained to study accidents and determine fault.
When should I contact an attorney to see if I have a personal injury claim?
You should contact a personal injury as soon as you possibly can to see if you have a potential personal injury claim.
Why is this?
This is because the personal injury lawyer will begin to work on your personal injury claim right away. The personal injury lawyer will begin gathering evidence, identifying witnesses, and investigating all other aspects of your potential personal injury claim.
In some instances, personal injury victims may wait many months or longer to meet with a personal injury attorney. This is dangerous for several reasons, including that your personal injury claim may be barred by the statute of limitations. While all hope may not be lost, contact a personal injury attorney as soon as possible.
For a more detailed discussion on this topic, click here.
I think I can handle my own personal claim – should I?
Generally, it is not a good idea to handle your own personal injury claim. There are several reasons for this.
First, personal injury claims involve many complicated legal issues which require years of experience to learn and master. They include insurance coverage, medical liens, personal injury statutes, personal injury case law, and trial work. Simply put, these matters and skills cannot be learned overnight.
Second, studies have shown that on average personal injury lawyers are able to obtain settlements three times higher than when personal injury victims decide to represent themselves (link: https://www.nolo.com/legal-encyclopedia/how-much-can-i-get-for-my-personal-injury-case-and-how-long-will-it-take-new.html). This is a big difference! Simply stated, if you retain an injury lawyer chances are you will put more money in your pocket.
Third, you only get once chance to obtain a fair and reasonable settlement. Once you settle your claim, it is over and you cannot go back and ask for more money. So you have to get it right.
I am embarrassed to have a personal injury claim – is this normal?
Yes, this is normal and I see it often in my practice.
For various reasons, personal injury victims believe that if they pursue a personal injury claim they are doing something wrong or inappropriate. Far from it, exercising your legal rights after a personal injury accident is not only necessary but smart!
After an accident, you might be facing a tough road ahead – loss of a job, unpaid medical bills, life-changing injuries.
Additionally, I have represented injury victims who were initially embarrassed to have a claim. But at the conclusion of their claim, they were happy with the result and experience.
Our civil justice system was designed to put you in position – to the extent possible – where your life can return to normal.
Again, there is nothing to be embarrassed about with having a personal injury claim.
There are so many personal injury attorneys – how do I pick the right one?
Selecting the right personal injury attorney makes a difference. You have to choose wisely.
First, meet with your potential personal injury attorney and be prepared to ask questions about your personal injury attorney’s background, experience, and track record of success.
Second, make sure your personal injury attorney is the right fit. By that, I mean make sure your personal injury attorney’s strategies are in alignment with yours. Additionally, it is important to expect that your personal injury attorney will be available to speak with you throughout your case. You have the right to get updates and ask question about your case, its progress, and its possible outcomes.
Third, check your personal injury attorney’s references and referrals. A good place to start is Google. Have past clients reviewed the injury attorney? If so, what did they say?
What can I do to protect my personal injury claim before I meet with a personal injury attorney?
Before you meet with a personal injury attorney, there are steps you can take to protect your personal injury claim.
First, get medical treatment. Don’t wait to see if you will get better. Get medical care to begin the healing and recovery process.
Second, preserve all documents, photographs, medical records, and other evidence relating to the accident. For example, in a car accident case, make sure to keep the names and contact information of all witnesses to the accident including the negligent driver, photographs of the cars, photographs showing your injuries, and copies of the accident report. When you have this information saved, you can immediately provide it your personal injury attorney.
Third, do not speak with the negligent party’s insurance company. While it may seem the insurance company simply wants to make contact and get your version of the events, make no mistake: the insurance company is taking steps to immediately preserve and protect its interests.
Should I speak with the negligent party’s insurance company, as they keep calling me?
No, you should not speak with the negligent party’s insurance company.
While it may seem the insurance adjuster simply wants to get background details on the accident, the insurance adjuster is taking steps to protect its insured’s interests. Additionally, your answers – while innocent – could be taken out of context or potentially used against you in pre-suit settlement negotiations. You do not want this to happen.
Additionally, under Florida law you have no legal obligation to speak with the insurance adjuster. While you do have an obligation to cooperate with your own insurance company, you do not have to speak with the negligent party’s insurance company.
I recognize this may seem like you are not being cooperative or helpful, but the truth of the matter is that it is in your best interest to do so.
Will my meeting with my personal injury attorney be confidential?
Yes, your meeting with your personal injury attorney will be confidential. Additionally, the discussions you have with your personal injury attorney are confidential and protected by the attorney-client privilege.
During my initial consultation, should I expect to meet with a personal injury attorney, or someone else?
Yes, during your initial consultation you should expect to meet with the personal injury attorney that will be working on and handling your case. This is important for a few reasons.
First, this will be a good opportunity to ask your personal injury attorney about any questions you might have about your case, the accident, your injuries, etc. Second, you will get to learn about your personal injury attorney, including his or her background and experience. Third, you get to “know” your personal injury attorney, and confirm he or she is the right fit for your case.
Additionally, you should expect to speak with your personal injury lawyer throughout your case – not a paralegal or case manager.
What kind of questions should I ask the personal injury attorney during my initial consultation?
Here’s a list of suggested questions to ask. Of course, these questions are to be used as a starting point:
- Have you handled a case like mine before?
- If you have handled a case like mine, what results did you obtain?
- Will you be the personal injury attorney working directly on my case?
- If you will not be, who will?
- Are you going to refer my personal injury case to another law firm?
- Will you have another law firm work on my case with your law firm?
- How long have you been practicing law?
- Will you be available to speak with me during my personal injury case?
- What is the best way to reach you – by phone or email?
- What will be the timetable for handling my case?
Will the personal injury attorney charge for the initial consultation?
Your personal injury attorney should not charge anything for the initial consultation. Personal injury attorneys work on a contingency fee basis, which means they do not charge any type of fee unless they obtain a settlement or financial recovery on your behalf.
What can I expect during the initial consultation with the personal injury attorney?
During your initial consultation, you can expect a few things.
First, you can expect to go over all of the details surrounding the accident, including how it happened, your medical treatment, and your injuries.
Second, you can use the initial consultation to ask the personal injury attorney about questions you might have regarding your accident and the personal injury process.
Third, you can expect the personal injury attorney will provide you a roadmap of how your personal injury claim will be handled and what to expect looking forward.
How long will the initial consultation last?
There is no set time as to how long the initial consultation will last. Some initial consultations are brief, will others may take several hours. It simply depends on the unique facts and circumstances of your personal injury claim.
What do personal injury attorneys charge for their services?
Personal injury attorneys charge a contingency fee for their services. For a full discussion on this topic, click here.
What exactly is a contingency fee?
A contingency fee is simply a percentage that is taken out of the final settlement. Usually, the contingency fee is 33% or 40%.
Using a simple example, if the personal injury case settles for $100,000 and the personal injury lawyer’s contingency fee is 33%, then the personal injury lawyer will receive $33,000, and the client will keep the rest.
Importantly, the Florida Bar governs the contingency fee a personal injury lawyer may charge a client. This fee cannot exceed specific amounts absent certain exceptions.
How do I know if the contingency fee is normal and fair?
The best way to confirm the contingency fee is normal and fair is to visit the Florida Bar’s website. A link to contingency fee agreements can be found here.
Generally, personal injury lawyers cannot charge a higher contingency fee than allowed by the Florida Bar rules, unless they get court approval.
Do I have to sign any other documents besides the contingency fee contract?
Yes, you have to sign a document that is called the Statement of Client’s Rights. This is an important document that explains your rights as a personal injury client.
You should read each right carefully, as it explains your rights as a personal injury client in detail. The rights also give you insight on steps you can take to be more involved in your personal injury claim and lawsuit.
I just retained a personal injury attorney – now what?
After your initial consultation, your personal injury attorney should provide you with a “roadmap” of what to expect with your personal injury case. If not, here is what you can generally expect.
You must focus on your health and recovery. Attend all doctor’s appointments, follow your doctor’s orders, and recover from your injuries.
While you are focusing on your health, your personal injury lawyer will be building your case. He or she will be gathering evidence, such as interviewing witnesses, collecting your medical records, and researching the potential legal issues with your case.
In most cases, when you are at point where you are doing better and your health has stabilized, your injury attorney will send a demand letter to the insurance company in an effort to settle your case without litigation.
If your claim does not settle, then your personal injury attorney will likely file suit.
What damages can I recover for my personal injury claim?
Generally, you recover the following damages for your personal claim:
- Past and future medical bills
- Pain and suffering
- Lost wages, including loss of the ability to earn wages in the future
- Disability
- Physical impairment
- Disfigurement
- Mental anguish
- Inconvenience
- Loss of capacity for the enjoyment of life
Of course, every personal injury case is different and so one injured party’s damages will be different than another injured party’s damages. Your potential damages depend on the unique facts of your case.
Can I recover for my lost wages or time away from work?
Yes, you can recover your lost wages as a result of your accident.
Additionally, if your personal injury accident caused you to lose your job, you can recover those damages as well. However, unless you are completely unable to work, you must show that you are making an effort to find employment again. This is called “mitigating” your damages.
How do I prove my personal injury claim?
To prove your personal injury claim, you have to establish the other party was negligent.
To prove negligence, you have to establish four elements: (1) the other party owed you a duty of care; (2) the other party breached the duty of legal care; (3) the other party’s conduct caused your injuries or damages; and, (4) evidence supporting your damages.
If you are unable to prove any one of these elements, you will not be entitled to a financial recovery.
What if the negligent party does not have any insurance?
If the negligent party does not have insurance, there is a good chance you will not receive any type of settlement or financial recovery for your personal injury claim.
There are, however, some exceptions.
If you are involved in car accident and the driver that hit you does not have car insurance, you might still be able to make a financial recovery if you have uninsured motorist coverage in your insurance policy. If you do not have this coverage, then your chances of obtaining a financial recover are quite small.
What if the negligent party has a minimum amount of insurance?
If the negligent part has a minimum amount of insurance, any recovery you make will likely be limited to that amount of insurance.
I do not like lawsuits and do not want to go to court – do I have to?
No, you do not always have to go to court to resolve your personal injury claim. In many instances, personal injury claims settle without having to file a lawsuit.
Insurance companies and personal injury lawyers will often engage in settlement negotiations before a lawsuit. This is a good thing; an early settlement avoids the costs, delay, and uncertainty of a lawsuit. Additionally, early, pre-suit settlements bring closure and allow the parties to move on.
I have never been a party to a lawsuit before – is this normal?
Yes, this is normal. In many instances, a party’s personal injury case is often his or her’s first time being a party to a lawsuit.
A personal injury lawyer will fully explain the lawsuit process, including all the steps involved from filing a lawsuit to trial.
Where will my personal injury lawsuit be filed?
Generally, your lawsuit will be filed where the accident happened or where the defendant resides. This is not a hard-and-fast rule, and there are times when the lawsuit will be filed in a different location.
What if my personal injury claim happened in another part of the state of Florida?
If your injury claim happened in another part of the state of Florida, the general rule of thumb is that your personal injury case will be filed where the accident happened. This means that your deposition and trial will take place in the county where the accident occurred.
Now, there are exceptions to this rule, but this is the general, default rule.
What if my personal injury claim happened in another state?
If your personal injury claim happened in another state, you generally will have to file your injury claim in the state where the accident happened.
Will my personal injury claim be filed in state or federal court?
It depends on the facts and circumstances of your particular injury case.
Most personal injury cases end up in state court. However, there are times when your injury case might end up in federal court. Let’s use an example.
Let’s say you are a Florida resident and that you re hit and injured by a truck that is owned by an out-of-state company. If your estimated damages are above $75,000 and the trucking company (and its driver) are from another state, you could end up in federal court.
This is because in federal court, if the parties are from different states and the amount of damages is over $75,000, the case can be filed in federal court.
Notably, if there is a basis to have a case be heard by a federal court judge, many insurance companies will attempt to have the case transferred from state to federal court. There are a few reasons for this. First, federal courts tend to move cases very quickly and adhere to strict deadlines, as well as grant case dispositive motions (like motions for summary judgment) more often than state court. So when your personal injury case goes to federal court, you need to be extremely prepared.
If my personal injury claim has to be filed in federal court, what will be the differences between federal court and state court?
There are several differences between state and federal court.
State court cases tend to move at a slower pace than federal court cases. In federal court, judges will require the parties to agree to a scheduling order which requires the parties to complete discovery (e.g., take depositions) by a certain date, file motions by a certain date, and conduct trial on a certain date. Federal judges will stick to these deadlines and, absent good reason, not move these deadlines. State courts, on the other hand, tend to give the parties a bit more leeway on such scheduling matters. But this may not always be the case, and certain state court judges may hold the parties to strict deadlines.
Additionally, federal court judges tend to grant case dispositive motions, like motions for summary judgment, more often. What exactly does this mean? This means that if there is a legal or factual basis to get your case dismissed before a trial, federals courts tend to be more likely to do so. Again, this is not a hard-and-fast rule for every personal injury case.
Can my husband or wife be a party to my lawsuit even if he or she was not injured or even involved in the accident?
Yes, your husband or wife can be a party to your personal injury lawsuit even if he or she was not injured or involved in the accident.
Your husband or wife will have what is called “consortium” claim. What is a consortium claim?
A consortium claim is a claim that gives your spouse the ability to recover damages “for any loss by reason of [his wife’s] [her husband’s] injury, of [his] [her] services, comfort, society and attentions in the past [and in the future] caused by the incident in question.” The quotation is from Florida Civil Jury Instruction 501.2, which can be found here (https://jury.flcourts.org/civil-jury-instructions-home/civil-instructions/#500).
What if I was not married to my spouse at the time of the accident, but we got married later – can my husband or wife still be a party to my lawsuit?
No.
In order for your husband or wife to have a consortium claim, you must have been married at the time of your accident. If you were not married at the time of your accident, your spouse will not have a consortium claim.
Is it mandatory that my husband or wife be a party to the lawsuit?
No, your husband or wife does not have to be a party to your personal injury case. Whether your husband or wife decides to pursue a “consortium” claim long with your personal injury claim is up to your spouse.
However, your husband or wife will be a witness to your personal injury case. Why is this? Because your husband or wife likely lives with you, he or she has the opportunity to see how your accident has affected you and your life. As a result, there is a good chance that the insurance company will want to take your husband or wife’s deposition in your personal injury case.
What kinds of damages can my spouse recover in my personal injury lawsuit?
Your spouse can recover for any loss caused by your injuries. What are some examples? Some examples include loss of companionship, loss of intimate relations, and loss of the assistance in caring for the parties’ home.
Will I ever have to meet or testify in front of the judge before trial?
Generally, you will not have to meet or testify before the judge in advance of trial. In the majority of personal injury cases, the first time you will see the judge will be trial.
Who will the judge be for my personal injury lawsuit?
In Florida state court, a judge will be randomly assigned to your personal injury case. Indeed, neither party can select or have a say in who will be the judge over your personal injury case.
Will the judge be fair for my personal injury lawsuit?
Yes, judges are required to be fair and impartial over the cases in which they preside.
What are interrogatories?
Interrogatories are written questions about your personal injury claim that are designed to gain information about you, the accident, your health, your medical history, and your lawsuit history.
Florida Rule of Civil Procedure 1.340, which is the Rule on interrogatories, can be found here.
If you are a personal injury plaintiff, you will have to answer interrogatories from the other party.
Importantly, your interrogatory answers must be answered under oath under penalty of perjury. This means your interrogatory answers must be truthful, accurate, and not hide or conceal any facts or information.
What is a request for production?
A request for production is written request by the opposing party that you produce documents relevant to your personal injury claim. Such documents include, but are not limited to, your medical records, photographs showing your injuries, and photographs and records regarding the accident.
If you are a plaintiff in a personal injury case, you can expect to receive a request for production from the other party.
Florida Rule of Civil Procedure 1.350, which is the Rule on requests for production, can be found here.
What is a subpoena?
A subpoena is a document that requests a person or entity to either produce documents or provide testimony at a deposition or trial. Subpoenas are sent to persons and entities that are not a party to the lawsuit.
As an example, in personal injury cases the defendant’s lawyer will send subpoenas to the injured plaintiff’s medical provider to get all medical records concerning the plaintiff, including medical records from before the accident.
As another example, if there were witnesses to your accident, the lawyers will issue subpoenas to the witnesses in order to take their depositions.
What kinds of documents can the insurance company seek from me?
Generally, the insurance company can get any documents from you that are relevant to your claim. What does this look like?
If you are claiming a back injury, the insurance company will seek all of your medical records especially those that pertain to your back injury. Not only will the insurance company look to those medical providers who treated your back, but also any other medical providers to whom you may have complained of any back pain.
As another example, if you are claiminng you lost wages as a result of your accident, the insurance company will seek all of your wage and employment records.
Can my social media accounts, like Facebook and Instagram, be examined and used in my personal injury lawsuit?
Yes, your social media accounts can be used in your personal injury lawsuit. Why is this?
If your social media accounts contain photographs and video of you after the accident, this is evidence of how you are recovering from your accident. Many personal injury plaintiffs are surprised to learn this. But as you can imagine, such evidence is quite powerful in a personal injury case.
Are personal injury lawsuits considered public record?
Yes, personal injury lawsuits, like all other lawsuits are a matter of public record.
Every clerk of court in Florida has a website which allows you to search lawsuits in that county.
Can someone do a search and find out I had a personal injury lawsuit?
Yes, because your personal injury lawsuit is a matter of public record, a person could search and find out if you had or have a personal injury lawsuit.
Is there any type of database which keeps track of a party’s personal injury claim history?
Yes, there are databases which keep track of a person’s personal injury claim history. This includes claims that do not go to litigation or, put another way, where the claim does not result in a lawsuit being filed by the injured party.
I have never given a deposition before and they seem frightening – what can I expect to happen during my deposition?
Despite what you may have heard or seen on television, depositions are generally calm and relaxed.
Generally, for your personal injury deposition you can expect to be asked questions about your family history, work history, medical history, the accident, your physical and emotional injuries, and your recovery.
Some insurance company lawyers go into great depth on each topic, and so your deposition may last several hours. Other insurance company lawyers have a different approach, and will ask the “big picture” questions, keeping your deposition brief. It simply depends on the lawyer who is asking the questions.
Also, and despite what you may see on the TV or in the movies, lawyers are not allowed to bully and harass witnesses at depositions. In fact, if a lawyer does so, he or she runs the risk of being sanctioned by the judge.
For a detailed discussion on depositions and deposition preparation, read the blog posts here and here.
Will my personal injury claim go to trial?
The vast majority of personal injury cases settle before trial.
However, you have to prepare your personal injury case as if you are going to trial. This is because when you prepare for trial, you are attempting to gather all of the evidence that supports your case. When you do so, you allow the insurance company to see what evidence favors you in terms of liability and damage. When seeing evidence that favors your case, it should increase the settlement value of your case and increase the chances of a settlement before trial.
What is my personal injury claim worth?
This is perhaps the most common question from personal injury claimants. There are several factors which impact the value of your personal injury claim.
First, what does the liability picture look like? Was the other party at fault for the accident? Were you partially to blame for causing the accident? The answers to these questions impact the value of your personal injury claim. If the other party was at fault for causing the accident, the value of your personal injury case is higher.
Second, what are your injuries? Are they serious, impacting your daily life? Will you need surgery? The more serious your injuries, the more your personal injury case is worth.
Third, will you need medical care in the future? If so, how much? Generally, if you need continued, future medical care, your personal injury case value will be higher.
Fourth, did the accident impact your job? If it did, how were you impacted financially?
Fifth, did the accident impact you emotionally? If so, how did impact you?
Sixth, does the negligent party have insurance? If so, how much? If the negligent party does not have insurance, it will likely be difficult to make a financial recovery.
To see a more detailed discussion on this topic, click here.
I was badly injured as a result of the accident but now I am perfectly healthy – will this impact the settlement value of my claim?
In many personal injury cases, the personal injury claimants make a full recovery. In fact, by the time of trial, they look and feel perfectly healthy. Remember, this is a good thing!
If you recovered from your injuries and will not need serious future medical care, this will impact the settlement value of your claim. Why? Because to determine your damages and the value of your claim, you have to consider the need for future medical care costs, including future surgeries. Naturally, if there is no need for future medical care, then you will not have these potential damages as part of your overall damages.
What’s important to remember is that your injury lawyer is going to be documenting your treatment and recovery. This includes taking photographs of your injuries, your surgeries, and other things which detail your recovery. So while the jury may see you in good health, your injury lawyer’s job will be to present evidence showing you while you were on your road to recovery.
One of my doctors told me my injuries are permanent and will never go away – how will this affect my personal injury claim?
If your injuries are permanent, this will increase the value of your personal injury claim.
Additionally, if your injuries are permanent and require future care and medical treatment, it is critical to know the anticipated cost of these expenses. This is because you will need to include these expenses as part of your damages.
What if I can’t prove the other party was negligent?
If you can’t prove the other party was negligent, you will not be able to make a
financial recovery. To establish your personal injury claim, you generally must show that the party responsible for your injuries and damages was negligent.
What can I do to maximize the settlement value of my personal injury claim?
There are several steps you can take to maximize the value of your personal injury claim.
The first step is to keep and attend all of your medical appointments. This is important not only for your healthy recovery, but also for your personal injury claim. It shows you are taking your health and recovery seriously.
The second step is to save all documents and records relating to your accident. This will help your personal injury attorney investigate your injury claim.
The third step is to tell the truth at all stages of your claim. Tell your doctors the truth about your medical history, tell your lawyer the truth about the accident and your injuries, and tell the opposing party the truth about all aspects of your injury case.
I have had prior personal injury claims – will they affect my personal injury settlement?
It depends. If your prior personal injury claims overlap with your current personal injury claim, then it may affect your personal injury settlement.
For example, if your prior personal injury claim involved a back injury from which you have not fully recovered, and your current personal injury claim involves a back injury, the insurance company will argue that your current injuries are the result of your prior personal injury claim.
However, if your prior personal injury involved different injuries or you fully recovered from your prior personal injury claim, then your prior personal injury claim should not impact your personal injury settlement.
I have pre-existing health conditions – will they affect my personal injury claim?
Maybe. If these pre-existing health conditions are related to your injuries from your personal injury claim, then they may impact your claim.
As an example, if your pre-existing health condition involved back pain, and your personal injury claim involves back pain, then your pre-existing health condition will impact your personal injury claim. This is because your injuries overlap, and there will be questions whether the accident was the cause of your back pain.
Will the insurance company be able to look up and investigate my work history?
Yes.
If you are making a claim for lost wages or lost income, then the insurance company will be able to look up and investigate your work history. What will this look like?
The insurance company will likely subpoena records from your employer to see if you missed time from work because of your injuries, how your injuries impacted your work, and other related issues. The insurance company will also likely subpoena your tax returns.
As another example, let’s say you are claiming that you lost your job because of the accident. The insurance company will likely subpoena records from your former employer to confirm this is what actually happened. Additionally, the insurance company may also take the deposition of a representative of your former employer to again confirm you lost your job because of the accident.
So as you can see, if part of your damages involves lost wages, job loss, etc. then the insurance company will conduct discovery on these issues during your case.
Will the insurance company be able to look up and investigate my medical history?
Yes.
During your personal injury lawsuit, the insurance company will conduct discovery on your medical history.
Importantly, courts typically allow very broad discovery, especially as it relates to a personal injury plaintiff’s medical history. This means that the insurance company will get your medical records not only relating to the accident, but also your medical records from before your accident. In fact, it is common for insurance companies to seek your medical records from many years before your accident.
So expect the insurance company to get a detailed background on your medical history.
Will the insurance company be able to take the depositions of my family?
Yes, if your family has knowledge of your injuries and you plan on calling your family members as witnesses for your case.
For example, your lawyer may want to ask your spouse and children to testify as witnesses in your personal injury case to explain how the accident impacted your life. If your lawyer plans on calling your family, then the insurance company will be able to take your family member’s depositions.
Will the insurance company be able to take the deposition of my employer?
Yes. If you are making a claim for lost wages or loss of income then the insurance company will be able to take the deposition of your employer.
Will the insurance company harass me during my personal injury case?
No, the insurance company is not permitted to harass you doing your personal injury case.
In Florida, the rules of civil procedure prohibit a party from engaging in discovery designed to harass to the opposing party. If you believe that the opposing party is doing something to harass you, you are well within your rights to ask the judge to stop them and, in some cases, sanction them.
What types of things are expected of me during a personal injury lawsuit?
During your personal injury lawsuit, there are several things that are expected of you.
First, you are expected to tell the truth for all aspects of your personal injury case. This includes the truth regarding the accident, your injuries, your recovery and your damages.
Second, you are expected to be cooperative. Don’t be difficult with your lawyer or the insurance company’s lawyer. This will not help your case. Instead, be willing to share information about your case and don’t be unnecessarily difficult with the opposing party.
Third, you are expected to be available. Believe it or not, some clients are difficult to get ahold of and will not promptly respond to their lawyer’s calls or emails. Do not do this. Your lawyer and his or her office staff need to be able to communicate with you frequently. Throughout your case, there will be deadlines by which you have to get specific documents and information to the opposing party. If you miss these deadlines, there may be penalties. So it is critical you are available to speak with your lawyer.
Fourth, you are expected to be an active participant in your personal injury lawyer. If you have questions for your lawyer, ask them. If you are concerned that certain facts or circumstances may hurt your case, tell your lawyer. If you believe there is evidence that may help your case, tell your lawyer about it. Take an active role in your injury case. It will help the ultimate outcome.
Can I call my personal injury attorney during the lawsuit to get updates?
Yes. You can all your personal injury attorney during your lawsuit to get frequent updates about the status of your case. Additionally, you should expect that your personal injury attorney or someone from his or her law office to call you with regular updates on your case.
Frequent communication between you and your lawyer should be the norm. Personal injury lawsuits are quite active with frequent depositions and court hearings. You should expect that your lawyer will be giving you regular updates on these matters.
How often will my personal injury attorney call me during my claim?
This is matter of personal preference. Some clients want to their attorney to call them frequently, while others do not.
At the beginning of your attorney client relationship, you should speak with your attorney about this issue. Let him or her know how often you would like to be updated on your case. Again, some people want frequent updates while others do not.
Is it normal to speak with a paralegal or a case manager, instead of my personal injury attorney?
Yes, it simply depends on how your injury law firm is set up. Some injury firms assign paralegals or case mangers with the responsibility of contacting clients. So it depends on your particular injury firm.
Can I switch lawyers during my personal injury case?
Yes, you can change lawyers during your personal injury case.
If you decide to use another injury lawyer during your personal injury case, your former lawyer will likely file what is called a “charging lien.” A charging lien is lien which attaches to any settlement or financial recovery you make in the case. It allows your former attorney to be compensated from the proceeds of your settlement for the time he or she put in your case.
What if my lawyer drops me during my personal injury case – what can I do?
If your lawyer withdraws from representing you during your personal injury case, you are well within your rights to get a new injury attorney to represent you.
Importantly, it does not matter if your lawyer withdraws from representing you at the beginning of your personal injury case or shortly before trial. You are still within your rights to obtain new counsel to represent you.
Can I attend the depositions of other parties and witnesses in my personal injury case?
Yes.
In Florida, a party to a lawsuit, whether the plaintiff or the defendant, is allowed to personally attend the depositions of other parties and witnesses.
Notably, there is no obligation to attend the depositions of other parties and witnesses. For this reason, and because depositions often last a long time, most parties decide not to attend such depositions.
Will I be expected to attend the court hearings during my personal injury lawsuit?
No, you are generally not required to attend court hearings during your personal injury lawsuit. This is because most hearings involve discovery issues which do not require testimony from the parties. Instead, these discovery hearings center around the written motions submitted by the attorneys as well as oral argument by the attorneys.
What is mediation?
Mediation is a process by which the parties get together with a third party, known as a mediator, who attempts to get the parties to resolve the injury case. Here are some of the highlights and important takeaways on mediation.
First, mediation is confidential. This means that anything that is said during mediation cannot be used at trial. So, for example, it is not surprising to hear a party express his or her sympathies, such as “I am sorry,” during mediation. But again, such statements are not admissible at trial.
Second, mediation is non-binding. This means that the mediator will not issue any type of award or settlement. If the parties are unable to reach an agreement, then the matter will proceed to trial.
Third, your mediator is likely a practicing attorney or former judge. Often times, your mediator’s background and experience will help them see the strengths and weaknesses of your case. And many mediators will share with you what they see as the weaknesses of your case. While this criticism may seem unnecessary, it does help the parties see their case more clearly and increase the chances of settlement at mediation.
Fourth, mediation is the only setting where you will be able to speak directly with the opposing party. While most parties do not speak – they let their lawyers do the speaking – there may be cases where a party wishes to share something with the opposing party. Depending on the facts of your case, this may be an effective tool.
Fifth, treat mediation as you would any other court proceeding. While mediation is confidential and tends to be a bit more relaxed, it must still be treated with respect and decorum. Dress well, arrive on time, and treat the parties and the mediator with respect.
Sixth, the judge will not know about the details of the mediation other than whether the case settled. The judge will never what the insurance company offered at mediation, what the injured party demanded, or what the parties said during meditation.
Seventh, your lawyers will make a presentation at the beginning of mediation. The presentation is usually an overview of your case that includes a discussion on liability, your injuries, your damages, and a demand for specific amount of money. Then, the insurance company’s lawyer will make a similar presentation, focusing on why the defendant is not responsible for the accident, why they disagree with your damages, and other arguments.
Eighth, after the lawyers make their presentations, the parties then separate into different rooms and usually do not see each other again until mediations is over. While the parties are in separate rooms, the mediator will go back and forth between the rooms to relay settlement offers. As you will see, there is quite a bit of downtime and waiting at mediation.
Will I have to participate in mediation for my personal injury claim?
Yes, you will participate by attending mediation. Normally, the parties do not speak at mediation. Instead, their lawyers do the speaking.
What do I have to do to prepare for mediation?
Generally, you do not have to prepare for mediation. Instead, your lawyers need to prepare for mediation as they will give statements to all the parties and mediator explaining their case, including your injuries and damages.
Now, it does help if you refamiliarize yourself with the basic facts of your case, including your medical treatment. This is because at mediation the opposing party may ask questions about your medical treatment, medical bills, and other issues relating to your case. It is helpful if you can provide this information.
I participated in mediation and the mediator was critical of my personal injury claim – does this matter?
Parties are often surprised, and even offended, when a mediator is critical of their personal injury case. If this happens, do not be surprised.
It is important to remember the role of the mediator in mediation. The mediator is attempting to get the parties to resolve their case. How does the mediator do this? The mediator does this, in large part, by letting each party know the weaknesses in their case. By seeing the weaknesses in your case, you might be more inclined to accept a lower settlement offer. At the same, the mediator should be letting the opposing party about the strengths of your case. This might help motivate the opposing party to make a higher settlement offer.
As you see, the mediator is trying to get both parties to see all sides of their case, including the weakness.
Bottom line: a good mediator tells the parties about the strengths and weaknesses of their case. So do not be offended if your mediator shares his or her concerns about your personal injury case.
My personal injury case did not settle at mediation – does this mean my personal case will not settle and will have to go to trial?
If your personal injury case does not settle at mediation, it does not necessarily mean your case is going to trial.
Importantly, parties are free to settle their case at any stage during a case. This means that your attorney, or the attorney representing the insurance company, can pick up the phone at any time and make a settlement offer.
Now, there may be strategic reasons not to make a settlement offer at certain points during your case. For example, you may not want to make a settlement offer right after you file your lawsuit as it might make you look desperate to settle.
But again, there is nothing prohibiting the parties from discussing settlement after mediation. In fact, it is not uncommon for a case to settle after mediation and before trial, as the parties may not be comfortable with the risks of trial.
What if the negligent party says “I am sorry” or something similar during the mediation – can we use that in Court?
No.
Mediation is a confidential process. Everything that is said during mediation is privileged and cannot be used in the court case. Given the confidentiality surrounding mediation, parties are often encouraged to “I am sorry” and other expressions of sympathy to help encourage settlement.
So if the opposing party says “I am sorry” or something similar, you cannot use the statement in court.
What is arbitration?
Arbitration is a process by which an arbitrator hears evidence from the parties on their case and renders a final decision. Depending on the type of arbitration, the decision may be binding or non-binding.
What are the differences between arbitration and mediation?
The primary difference is that at mediation the mediator does not render a decision and has no power to reach a decision. Instead, the mediator’s job is to try and bring the parties together to reach a settlement. In arbitration, however, the arbitrator will reach a decision.
Additionally, arbitration may be structured like a “mini-trial,” meaning that the parties may call live witnesses to testify. Not all arbitrations are like this, as the parties and arbitrator may allow the parties to read deposition transcripts instead of having live witnesses.
How long will my personal injury case take from beginning to end?
Depending on the facts and circumstances of your case, your personal injury case will generally take approximately 1 to 3 years from beginning to end. Of course, each case is unique and so it is difficult to predict how long your case will take.
How, if at all, has Covid-19 affected personal injury claims?
Covid-19 has caused delays in personal injury claims.
Since Covid-19 hit in March 2020, courts (with a few exceptions) have not conducted jury trials. Of course, if your personal injury case did not settle at mediation and you are waiting for a trial, this has delayed your personal injury case.
Additionally, Covid-19 has caused delays in clients seeking medical treatment. Specifically, people have been reluctant to go to doctor’s offices because of fear of catching Covid-19.
For a more detailed discussion on this topic, click here.
I just want my personal injury case to settle – can I?
Yes.
You, as the client, have the final say on settling your personal injury case. While your injury lawyer should provide insight on whether to settle and for what amount, you ultimately decide whether you should settle your personal injury case.
Of course, you cannot force the opposing side to settle. They have a right to a trial. But you can make the decision to explore settlement talks and, if possible, settle your injury claim.
Can my lawyer settle my personal injury case without my consent?
No.
Your injury lawyer cannot settle your injury case without your consent. Indeed, your lawyer needs your permission to settle your injury case – regardless of the amount.
As the personal injury client, you are in control of settlement. While your lawyer should discuss settlement offers with you, including whether the settlement offer fairly covers all of your damages, you have the final say on settlement.
Can my lawyer pressure me to settle my personal injury case?
No, your lawyer should not pressure you to settle your personal injury case.
Your lawyer’s role is to review, discuss, and analyze settlement offers with you. When the opposing party makes a settlement offer, you and your lawyer should discuss whether it fairly compensates you. Does the settlement offer cover your past medical bills? Does the settlement offer compensate you for future medical care? Does the settlement offer cover your lost wages? Does the settlement offer cover your pain and suffering damages?
Because you only get one opportunity to settle your injury claim, you need to make sure you get it right.
How do I know if my personal injury settlement is fair and reasonable?
The answer to this question depends on the unique facts and circumstances of your personal injury claim.
Generally speaking, your personal injury settlement should cover your:
- Past medical bills
- Future medical care expenses
- Past pain and suffering
- Future pain and suffering
- Lost wages
Is there a minimum settlement that the negligent party has to pay?
No, there is no minimum settlement that a negligent party has to pay. To the contrary, a party is not required to pay anything until there is a jury verdict awarding damages in your favor.
As an example, if even the other party was clearly negligent and you sustained serious damages, the other party is not required to make a settlement offer.
Is there a limit or cap a jury can award for a personal injury claim?
No, there is no limit or cap a jury can award for a personal injury claim.
However, after a trial the judge may lower the verdict depending if the award is grossly disproportionate or does not reflect the evidence in the case. Additionally, certain types of personal injury claims are subject to damage caps.
For example, if the defendant is a governmental entity, the damage cap is $200,000 per person and $300,000 per claim.
Am I allowed to see the settlement check from the insurance company?
Yes, you are allowed to see the settlement check from the insurance company. In fact, it is a good idea to ask your personal injury lawyer to let you see a copy of the settlement check to confirm the settlement amount.
Will I have to pay back my health insurance company for my medical bills?
Yes, once you receive the personal injury settlement proceeds, you will have to pay back your health insurance company for any medical bills it paid that are related to your injuries.
How does this work?
Under Florida law, you are required to provide your health insurance company with notice that you were injured and that your insurance company may be paying for medical expenses related to the claim. Your insurance company usually has 30 days to then advise whether it is planning to assert a lien on any settlement for your case.
Around the time you settle your case, your injury lawyer should know the amount of the lien – that is, the dollar amount of the lien. This is important because you want to make sure your settlement covers the amount of the lien. Your injury lawyer should attempt to negotiate the lien to help put more money in your pocket.
What if I lost my job as a result of my personal injury claim?
If you lost your job as a result of your injury claim, you should include your lost wages as part of your damages.
This is an important part of your personal injury damages, as accidents can often dramatically affect your life, including your work. If you can no longer perform your job or had to take a new job because of the accident, you need to account for these damages.
Who will be responsible for my future medical care costs?
While you are recovering from your injuries, your doctors should know whether you will need future medical care, including future surgeries. In addition, your doctors should know the costs of your anticipated future medical care.
With this information in hand, you need to ask for it as part of your damages. Any personal injury demand should include the costs for your future medical care.
My personal injury lawsuit just settled – how long until the insurance company sends the settlement check to my personal injury lawyer?
Generally, insurance companies tend to send the settlement checks quickly – usually within a week or so. But first, you must sign a settlement agreement and release, releasing the negligent party from the claim and from any further legal disputes or matters in connection with the claim. After you sign the release, you should receive the settlement check shortly thereafter.
Why is the insurance company including Medicaid on the settlement check?
The insurance company will include Medicaid on the settlement check if you are a Medicaid recipient and the insurance company believes Medicaid provided benefits to you.
Under federal law, Medicaid has a right to be reimbursed for any benefits it provided on your behalf. In fact, there are serious penalties for not reimbursing Medicaid. So insurance companies will include Medicaid on the settlement check to make sure Medicaid gets reimbursed.
Who will represent my child in court if he or she was injured in an accident?
In most cases, one or both of the parents will serve as the child’s guardian in court. This is because children cannot represent themselves, and thus need a parent (or other adult) to serve as the child’s guardian in court.
If my child’s personal injury claim settles, how will the settlement proceeds be handled?
In Florida, generally any settlement over $15,000 for a child is subject to court approval.
Further, if the settlement is over $15,000 and the child’s net recovery is over $15,000, the court will require a legal guardianship over the settlement.
What exactly is a closing statement, and what does it look like?
The closing statement is an important document in personal injury cases.
Once you settle your personal injury case, your personal injury lawyer must provide you with a closing statement. The closing statement breaks down your personal injury settlement, including the total settlement amount, the injury lawyer’s contingency fee, the costs charged by the injury lawyer, and the reimbursement of any medical bills or health liens.
The closing statement is important because it itemizes and explains how every penny is being accounted for. You have a right to know what costs your lawyer spent on your case, the exact fee your lawyer is charging, and other costs and expenses that are deducted from the settlement.
So make sure when you settle your personal injury case your lawyer provides you with a closing statement.
Must I get a copy of a closing statement for my personal injury claim?
Yes, under Florida law you must receive a copy of the closing statement for your personal injury claim. Make sure you receive one!
Is my personal injury settlement taxable?
Generally, settlements which represent monies for pain and suffering and emotional distress are generally not taxable. However, there are exceptions. The safest and most practical option is to check with your accountant.
For a full discussion on the topic, check out this helpful resource from the IRS by clicking here.
If you have any other questions not answered in this list, do not hesitate to call today!