Clearwater Personal Injury Attorney FAQ

A personal injury claim is a civil lawsuit filed by an individual who has been wrongfully injured (the plaintiff) against the entity legally responsible for their injury (the defendant). If the plaintiff’s claim can successfully prove the defendant is at fault for the former’s accident, either the defendant or their insurance company must pay compensation to the plaintiff.

The deadline to file a lawsuit is known as the “statute of limitations.” In Florida, the statute of limitations for personal injury claims is four (4) years. However, it is recommended that you initiate a claim as soon after an accident as possible; if you wait too long, evidence supporting your claim can become difficult or even impossible to collect.

“Damages” refer to any losses you have suffered as the result of a personal injury. Damages in a personal injury claim typically include compensation for your medical expenses, lost wages, pain and suffering, property damage, and wrongful death (if applicable). Other expenses related to your accident may be covered as well, but the specifics vary case by case.

Every personal injury claim is different; therefore, the compensation awarded always varies as well. Factors that may affect how much compensation you receive may include how costly your medical bills are, how much the defendant is worth, whether the defendant caused your injury purely by accident or gross negligence, and more. An attorney at Idrizi Law Group can help you estimate how much your claim may be worth during a free consultation and calculate damages more precisely if you choose to retain our services. 

You don’t; however, representing yourself can be a challenge if you aren’t familiar with personal injury law and procedures. An experienced personal injury lawyer knows how to build a claim, file the proper paperwork correctly and on time, convincingly argue your case, accurately calculate damages, and carry out other essential aspects of your claim. While you aren’t required to hire a lawyer, retaining the services of one can make the claims process much smoother and bring you far closer to attaining maximum compensation.

Nothing, at least not out of your own pocket. Most personal injury lawyers work on a contingency fee basis, meaning rather than charge you upfront or by the hour, they take a portion of your settlement if you win your claim—typically 33-40%. If you don’t win your case, then how do you pay your lawyer? You don’t! You only have to pay a portion of your winnings to your attorney if they win your case; if they lose, you don’t owe a cent.

First, consult with an attorney about your case. If they believe you have a valid claim on your hands and you choose to take legal action, the first official step is the demand letter. This will lay out your argument to the insurance company explaining why they should pay for damages. If the demand is refused, your attorney will file a “compliant,” meaning they give official notice to the court and the defendant that a lawsuit is being filed. Your lawyer will then investigate your accident and collect evidence supporting your claim. Next, both sides will negotiate a settlement. If both parties can agree to a solution, the claim will end here. If no agreement can be reached, the case will go to court.

Probably not. It is estimated that only about 5% of personal injury claims make it all the way to trial. Most claims end during the negotiation process. If your case does go to court, however, Idrizi Law Group will be there to back you up. We always prepare our claims to be strong enough to hold up in front of a judge and jury, just in case.

The process varies, especially depending on how complex the plaintiff’s injuries are and how cooperative the defendant is. For example, if your injury is minor the case could be settled in a matter of weeks; if, however, the plaintiff suffered catastrophic injuries and must be hospitalized for months, it can take a lot longer to determine the ultimate cost of their treatment and therefore settle the claim. Overall, a settlement can take anywhere from a couple of weeks up to a few years. Even though the wait may be long, the results are usually worth it, especially if you are facing astronomical medical expenses you wouldn’t be able to cover otherwise.

The best way to determine whether you have a viable claim, how much your case is worth, and the other answers to your personal injury questions is to pick up the phone and give us a call. The attorneys at Idrizi Law Group are available 24/7 and all initial legal consultations are completely free and confidential. We are happy to listen to the specific facts of your case and provide the tailored advice you need to decide whether to take legal action.