Personal Injury Claim Questions Answered
Hopefully, you will never be in an accident where you sustain injuries. If you have been injured in an accident that was not your fault, you could have a strong case to pursue compensation through a personal injury claim. To learn more about the strength of your claim, it is best to contact a Tampa personal injury attorney who can examine your situation and guide you on how to move forward. For anyone who has recently been injured in an accident or for those that want to understand the process a bit better, the information below will provide some clarity regarding some of the most common questions.
Do Personal Injury Claims Go To Trial?
In the majority of situations, an agreement is made between the parties involved in an accident that puts an end to the claim and doesn’t require continuing to trial. There are many reasons for this. Going to trial is both an expensive and a long process. Victims who want to see compensation quickly and defendants who don’t have a strong case will be motivated to come to an amicable solution. Additionally, the judge or the jury has the final say in how much compensation is awarded which makes it equally risky for both parties. Statistically, approximately 90% of cases are settled out of court.
After you have sought medical diagnosis and have a treatment plan for recovery, your lawyer will compute all the damages you sustained from the accident. If you agree with the costs, your lawyer will send the at-fault party’s insurance company the demand letter. Experienced lawyers understand how to evaluate accidents and put a monetary value to those things that have a physical cost as well as those gray areas that don’t have receipts. You and your lawyer will work together as your lawyer negotiates with the insurance company and fights for a fair settlement on your behalf. When both parties come to a resolution the claim will not turn into a lawsuit.
If the compensation amount is not accepted, and the parties cannot come to an agreement, you will go to trial. Before trial, your lawyer will work to gather all the evidence necessary to build a strong case on your behalf. This period is called the discovery process. When you go to court, a jury or judge will determine the final outcome. A jury or a judge can award a larger amount than you anticipated or one that is much less.
How Are Damages Evaluated?
After an accident, two types of damages result. Those that can be tied to a black-and-white number because they have actual costs that are proven through bills, invoices, and receipts. These damages are called economic damages. Medical bills, wage losses, etc., are examples as they are all quantifiable.
The other type of damages is non-economic damages. Pain and suffering, mental distress, disability, loss of life’s pleasures, and inconvenience are some examples. These damages are vaguer and harder to quantify. The knowledgeable Florida car accident attorneys at Fulgencio Law have years of experience representing victims in the state of Florida with their personal injury claims. We know what is fair when it comes to both economic and non-economic damages and we will fight on your behalf so that you see your best outcome. Our goal is always to represent the best interests of victims who have had to suffer through a tragic accident by the negligence of another party.
Don’t hesitate to call Fulgencio Law at (813) 463-0123 to set up a free consultation with a caring and skilled Tampa serious injury attorney today.