What is the usual course of a personal injury
case?
Once you become our
client, there are many things that occur immediately. We notify the
adverse party and/or insurance companies of our representation. We
begin obtaining all the documents necessary to present your claim to
the insurance company or adverse party. We will typically obtain
accident reports, medical records, photographs of accident site,
photographs of injuries, income tax returns, photographs of family
members, information about the adverse parties insurance coverage
and/or assets.
After obtaining all
the necessary information and after your medical condition has
stabilized, we typically do a demand to the insurance company or
adverse party demanding a settlement on your behalf. The last thing
we want to do is resolve a case while our client is still healing or
does not have a clear understanding of their future medical
condition. Our fear is to let a client settle a case and then find
out shortly thereafter that they need future surgery or other
significant medical needs. If your cases does not settle "presuit,"
then the next step in a lawsuit.
Pursuing a lawsuit is
very time consuming. There are many things that occur after a
lawsuit is prepared, filed and delivered to the adverse party. The
parties engage in discovery, which allows both sides to obtain sworn
oral testimony, submit written questions to be answered under oath
and request production of documents.
Even though a law
suit is filed this does not mean it will go to trial. Several
opportunities to settle may be offered in litigation. In Florida, it
is mandatory to attend court ordered mediation which is where the
parties sit down with an independent mediator and try to resolve the
issues and settle the case. Finally, the case is set for jury trial
by a judge who determines when your trial will be set.
Why do I need a
personal injury trial lawyer?
Only by retaining a
personal injury trial lawyer can you make sure you understand and
appreciate your legal rights. Each attorney at the Pesquera law firm has over twenty years trial experience and insurance
companies are well aware of this experience. We always strive to achieve the maximum
compensation for our clients, whereas they may settle for far less
and you will be the one who is not fairly compensated for your
injury or loss.
Should I try to settle my case with the
insurance company without an attorney?
Insurance companies
are large corporations that are profit driven like any other
company. Do you honestly believe that the insurance adjuster is
representing your interests? They are paid to represent the
interests of the insurance company they work for. Insurance
adjusters are experienced in negotiations and there goal is to pay
you the least amount they can to settle and, most of the time, it
will not be what your case is really worth.
Most insurance
companies contact you immediately after an accident because they are
trying to settle your case for as little as possible. Some insurance
companies will even write to their own policy holders asking them
not to get an attorney. The reason they do this is because they know
that a settlement with an unrepresented injured person will be lower
than that of a person represented by an attorney. Always remember
that the insurance adjusters are very experienced, they work for the
insurance company and they do not have your best interests at heart.
If you settle without
representation by an attorney, experience shows the result will be
an underpayment of what your claim or your case may really be worth.
Do not attempt to negotiate your personal injury case on your own.
Contact an attorney for a consultation. At the Pesquera law firm,
this consultation is always free.
How can I afford to hire a lawyer?
We understand injury victims can not afford to pay an attorney by
the hour or front the large costs of a lawsuit. All consultations
regarding personal injury are free. We handle our personal injury
cases on a contingency fee basis which means we do not get paid an
attorney’s fee unless we obtain a settlement of your case or an
award from a jury trial. In the unlikely event that we do not obtain
compensation, you will not owe us fees or costs.
How much time do I have to bring a lawsuit?
In Florida, there are certain time limitations to filing a lawsuit
in the correct court of law or it will be forever barred. Therefore,
you should contact a personal injury attorney immediately to
determine what time deadlines apply to your case. Since we offer a
free consultation, do not let the passage of time prohibit you from
bringing your claim or lawsuit.
Can we settle without filing a lawsuit?
Many of our cases settle without the necessity of having to file a
lawsuit. Because of our strong reputation as a personal injury trial
firm, we are often able to successfully obtain a fair settlement for
our clients out-of-court. Some cases are settled after a lawsuit is
filed, but before trial. However, if the pre-suit settlement offer
or the in-suit settlement offer is unacceptable, we will take the
case to a jury trial to obtain justice for you.
How long will it take for my case to resolve?
Typically, auto accidents, slip and falls, dog bites, or other
negligence actions take three months to one year, after we begin
representing you. Naturally, medical malpractice, product liability,
multiple-party cases or complex cases usually take longer depending
on the circumstances. One of our greatest concerns is that our
client’s case is settled in a timely manner, but not before their
medical condition has stabilized and their future medical needs and
other needs are known and evaluated. We often settle cases quickly,
but our goal is to obtain the most money we can for you by
settlement, litigation or trial, if necessary.
I am injured and unable to get to your offices?
What should I do?
We are always willing to visit a prospective client in the hospital,
at their home or place of business. Please call and we will set your
appointment.
| * All personal
injury cases are handled together with
Bryan W. Crews & Associates. |
|
