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Some Common Questions About Personal Injury

At Goldberg and Hirsh P.A., we have represented Florida clients for decades. Our background includes defending insurance companies against the claims we now file for our clients. We have addressed many concerns and answered many questions. Listed below are some of the most common questions our clients ask during their consultations:

How hard is it to settle a personal injury accident case?

It will depend on a number of issues, such as:

  • The person or entity that is potentially liable for the accident and injuries that occurred.
  • The insurance company that you have to deal with.
  • Particular circumstances involving your accident.
  • The severity and seriousness of your injuries.

I do not live in Florida. Will I have to come back to Florida because of my personal injury case?

Being required to appear in court depends on the nature of the hearing and the type of court appearance. You may have to return to Florida for a court appearance, while for others we may be allowed to represent you and appear in court on your behalf.

How much do you charge for legal fees?

Most personal injury accident lawyers in Florida work on a contingency fee basis. Under the basic arrangement, an attorney will only receive legal fees for representing you if you end up receiving compensation from the accident lawsuit. The percentage of fees that a personal injury attorney may charge typically starts at 33.3%; if there is a need to file a lawsuit after a failure to reach a settlement agreement, then after an “answer,” the legal fees rise to a total of 40%. The lawyer’s fees are the first to be subtracted if there is a recovery amount, followed by the costs of the case and medical bills; in most cases, the remainder will be the net amount of your compensation.

If there is an appeal, legal fees may further increase by 5%. However, if you sue the state of Florida, then attorney fees cannot be more than 25%.

How long will it take before my personal injury lawsuit is settled?

Remember that there is no guarantee that your claim will result in a settlement, but assuming that your case does settle, the amount of time that will transpire before that settlement is reached will vary.

Sometimes after filing your lawsuit, the insurance company finally realizes that you are indeed serious about your claim for compensation and then decides to make an early settlement offer. Conversely, they may decide that they do not want a reputation for settling claims and force you to take your case to trial where a jury would decide the amount of monetary compensation (if any) you may be entitled to.

If a settlement cannot be reached with the insurance company and your case does end up going to trial, a personal injury claim in Florida may take a year, and sometimes even two years, before it is finally resolved. Potential appeals can further extend the length of a final resolution.

Should I give my statement to the defendant’s insurance adjuster?

It is really hard for us to determine an answer to this question without knowing the full facts of your case. However, unless you’re just looking for a very small amount of compensation, it is best to not give the insurance adjuster details relating to your accident and the injuries that resulted from it.

How much will the expenses be for my personal injury case?

Once more, it depends. The expenses related to a personal injury lawsuit will hinge upon the circumstances surrounding your accident and the severity of your injuries; every case is unique. Expenses also vary depending on how far your case goes before it settles if that indeed does happen.

Do I have to pay you anything for my lawsuit if I do not win?

No. Considering that most Miami personal injury law firms work based on a contingency basis, if you do not recover compensation for your injuries, then you will not be required to pay for costs of representation or legal fees.

We Are Happy To Answer Your Questions. Call Now.

If you or a loved one requires sound legal advice after sustaining injuries, call Goldberg and Hirsh P.A. at 305-909-6522 or fill out our online contact form. Your first consultation is cost-free and confidential.