subject: Frequently Asked Questions about Florida Accident Law [print this page] Frequently Asked Questions about Florida Accident Law
Do I have to file a lawsuit to recover for my injuries?
Generally, no. Every case is unique, and your attorney will approach each case in the best way to maximize each client's recovery. Many times, through thorough investigation and a comprehensive presentation of each case, attorneys are able to negotiate and resolve claims without litigation. A good lawyer will know that lawsuits can be stressful, expensive, exhausting, uncertain, and can last years and take a practical approach to do what is in each client's best interests. However, they will not hesitate to aggressively and effectively litigate your case if it is within your best interests to do so.
How do I pay my lawyer?
Usually, if the law firm accepts your personal injury or wrongful death case, they will handle the case pursuant to a contingency fee agreement. If no recovery is made, there is no charge and they will get paid out of the settlement or verdict award. Typically they will advance all costs for investigators, experts, filing fees, and other expenses associated with obtaining the maximum recovery possible. If a recovery is not made, you pay nothing. This is something that needs to be addressed prior to building a working relationship with your attorney. Each firm handles their expenses differently and not all work on a contingency fee basis.
I was approached by an insurance company but I did not sign anything yet. What should I do?
Insurance companies may contact you directly unless you are represented by an attorney. You are encouraged to retain counsel as soon as possible to review your case and assist you in the claims process. Insurance companies have their own best interests in mind. You have the right to have an attorney look out for your best interests as well. Many times, the insurance companies will try and have you sign a release without fully explaining all of the rights you may be giving up.
How do I know if I need an attorney?
If you or a family member becomes injured because of someone else's negligence, you can benefit from speaking to a Tampa personal injury lawyer as soon as possible. Often the insurance company for the person who caused the injury will try to settle with you before you have an opportunity to retain an attorney. The insurance company knows it can most likely settle the case for significantly less money if you do not have a lawyer. A good lawyer will investigate your case and obtain the necessary witness statements, documents, photographs, and other materials to protect your rights. You should hire a lawyer immediately after an injury or death to preserve valuable evidence and investigate before evidence is lost.