Lawyer Up or Handle it Yourself? Choosing Your Path After an Auto Accident
As a legal marketer, I search the internet to find ways to support those looking for legal help. One of the things I noticed was that many people seemed to be “on the fence” about hiring a personal injury law firm. Rationale varied from person to person, but what caught my attention were the people who were unsure if they should reach out to a firm because the injuries sustained “weren’t that serious”.
I have a quick story… We recently obtained a $30.5 million verdict for a wrongful death/bad faith auto accident case. On the way home from a high school football game, our clients were struck by a drunk driver. The mother died, the father was seriously injured, and the children, thankfully, weren’t hurt too badly. This is a pretty extreme situation, but unfortunately too common. Jacksonville is rated number five for the worst drivers in the country, and if you’ve been injured in an accident in Jacksonville, Starke, Palatka, Orange Park, or the surrounding areas, you’re likely facing a whirlwind of emotions, physical pain, and difficult decisions. One of the most crucial choices you’ll make is whether to hire a Jacksonville personal injury attorney. This guide aims to provide you with valuable information to help you make an informed decision.
Let us “Make it make sense”: Understanding Personal Injury Law in Florida
Florida’s personal injury laws can be super nuanced. We will help you understand the basics to help you navigate your situation more easily:
First things first: Statute of Limitations
In Florida, you have four years from the date of the injury to file a personal injury lawsuit. However, this time frame can vary depending on the type of case. For example:
4 Years to file a personal injury lawsuit (from crash date).
2 Years to pursue wrongful death claims (from date of loss).
14 Days to seek medical care for PIP coverage (or lose benefits).
Missing these deadlines could mean losing your right to seek compensation, so it’s crucial to act ASAP.
Next…Comparative Negligence
Florida follows a “pure comparative negligence” rule. This means that if you’re partially at fault for your injury, your compensation may be reduced by your percentage of fault. For instance, if you’re found to be 20% responsible for an accident, you could still recover 80% of the damages. With busy highways like I-95 and I-10 intersecting in Jacksonville, accidents are unfortunately common.
Insurance, Personal Injury Claims or whatever…
Understanding how insurance works in Florida is important, so pay attention:
No-Fault Insurance
Florida is a no-fault state for auto insurance. This means that after a car accident, your own Personal Injury Protection (PIP) insurance covers your medical expenses and lost wages, regardless of who caused the accident. However, PIP coverage is limited, and serious injuries may warrant additional claims.
Dealing with those pesky Insurance adjusters… Don’t do it.
Insurance companies often try to settle claims quickly and for as little as possible. THIS IS THE TRICK! THEY DON’T WANT YOU TO ADVOCATE FOR YOURSELF! Be cautious when speaking with adjusters, as anything you say could potentially be used to minimize your claim. In other words, don’t talk to anyone until you’ve spoken to a reputable personal injury law firm in your area.
Jumping off of the fence: When to Consider Hiring a Jacksonville Personal Injury Attorney
Every case doesn’t require legal representation, so it is strongly advised that you reach out to a local Florida personal injury law firm for a free case review. Most personal injury law firms work on a contingency fee basis, meaning you pay nothing unless your case is won. SO, when should you seriously consider hiring a Florida personal injury lawyer?
Severe Injuries: If you’ve suffered significant injuries that may have long-term effects, an attorney can help ensure you’re compensated for future medical needs and lost earnings. DO NOT assume your injuries are minor until you’ve been seen by a medical professional. Often the real injuries are not experienced until days AFTER the accident.
Disputed Liability: When fault for the accident is unclear or disputed, an experienced attorney can gather and present evidence to support your claim. You could fight it but leave the heavy lifting to the professionals. Trust us, it’s better that way.
Multiple Parties Involved: Cases involving multiple potentially liable parties can be complex and may require legal expertise to navigate.
Insurance Company Tactics: If you’re facing delay tactics, denial of your claim, or lowball settlement offers, an attorney can advocate on your behalf. Insurance companies don’t play fair, and they know it. Personal injury lawyers know the games and tactics insurance companies use against uninformed people. Don’t get played.
Making Your Decision… Hopefully the right one.
Ultimately, the decision to hire a personal injury attorney is a personal one and depends on your specific circumstances. Consider these factors:
The severity of your injuries
The clarity of fault in your case
Your comfort level in dealing with insurance companies and legal procedures
The potential long-term impact of your injuries on your life and finances