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It could be a car accident on the I-10, a slip and fall in a grocery store, or an injury caused by a defective product—regardless of how you were injured, the steps you take immediately after and in the following days and weeks make a huge impact on your recovery.
The decision of whether to settle a personal injury case pre-suit or whether to file a complaint should not be decided quickly but should be based on an evaluation of numerous factors. Some attorneys may tell you that you can get a larger total settlement if they file suit but is it really in your best interest to file suit?
For example, in a personal injury case, if you file a suit:
1) The attorney’s fee increases after you file suit to 40%.
2) Your cost increases after you file suit (filing fee, depositions, mediations, etc).
3) After you file a suit, you will have to sit for a deposition. This will require you to take off from work in order to attend as they typically run several hours long;
4) You will have to continue to go to the doctor to substantiate any claims for future medicals (which will increase doctor liens or subrogation amounts claimed by your health insurance company).
5) Your case will continue unsettled for a year or more.
6) The insurance company will thoroughly examine your medical and employment background.
7) You could always settle and end up with less money. At the Law Office of JJ Talbott, we aggressively fight for our clients both pre-suit and once a suit has been filed.
We believe that the decision of whether to file suit should be based on an evaluation of many factors and not just whether you can settle for more money. If you have questions about your case, call the personal injury attorneys at the Law Office of J.J. Talbott for your free consultation.
The attorneys at the Law Office of J.J. Talbott believe that you should NEVER make any sort of statement to an insurance company before you consult an attorney.
Often, the insurance company will contact you soon after the accident to ask you questions about the accident and your injuries. While you may think that the issues are straightforward, the issues may not be apparent. The insurance company may be seeking information so that they can deny or limit your claim.
Speaking with a personal injury lawyer at the Law Office of J.J. Talbott before you give a recorded statement can help protect your rights as we have the experience to identify the relevant issues in your case and help prepare you for the recorded statement. Additionally, we will be there by your side during the recorded statement to help assure that the insurance company does not ask any inappropriate questions.
The cost to hire a personal injury lawyer can vary between cases and firms. Many Personal Injury attorneys charge different amounts based on location and the firms’ history.
However, many lawyers, like the Law Office of J.J. Talbott, charge on a contingency fee basis. What this means is that there are no fees or costs to hire a personal injury lawyer unless you recover a settlement. Then, the attorney fee is based on a percentage of that settlement. In Florida, the maximum contingency fee in a personal injury case is 1/3 of the recovery, pre-suit. If a lawsuit is filed, then the fee increases to 40% of the recovery amount.
In most cases, the statute of limitations requires that you file your lawsuit within two years of the date of the injury, or else you can be prohibited from recovering from the negligent party. However, this deadline may be longer or shorter depending upon a variety of factors, such as the type of negligence (medical malpractice, birth injury, product defect), the age of the victim (minor, adult), and the status of the defendant (public entity, private person).
Two years may seem like a long time, but it can pass by quickly while you are busy with the aftermath of a serious personal injury, such as concentrating on your physical recovery; dealing with insurance forms, doctor and hospital bills, and other paperwork; and getting back to work or collecting disability. If you are talking to the insurance company about a settlement, these negotiations can drag on past the deadline for you to file a lawsuit if you are not careful, which can be disastrous to your case.
Contacting an attorney soon after the accident will help ensure that the statute of limitations will not be overlooked, as well as handling other important matters such as notifying your insurance company in a timely fashion. Also, your lawyer will get started right away gathering important evidence and preparing your case for the best result either through settlement or verdict.
Simply being injured in an accident does not mean that you have a personal injury case. The experienced personal injury attorneys at the Law Office of J.J. Talbott are able to tell you whether or not you have a claim.
However, generally, you must be able to prove three things to establish a case:
(1) that another party was negligent,
(2) that their negligence caused your injury, and
(3) that the injury resulted in your damages.
Depending on the facts of your case, proving negligence and causation may be complex, so it is important to consult with an attorney before making any assumptions about your injury case.
Short answer – yes!
Longer answer – It is always a good idea to work with an attorney if you were injured in an accident. Generally, plaintiffs who hire personal injury lawyers to represent them have a higher likelihood of settlement, receive higher amounts and are more satisfied (on average) than plaintiffs who attempt to negotiate or recover damages on their own. When you are injured, it is difficult to focus on healing and deal with insurance companies and medical bills at the same time.
The experienced personal injury attorneys at the Law Office Of J.J. Talbott can assist you in getting the medical care you need, help compile your medical records, compute your damages, and work to settle your case, all while you work on getting better. Give a call today to explore your case options at (850) 695-8331.
Take back control of your recovery. Call (850) 695-8331 or request a free, no-obligation case review with the Law Office of J.J. Talbott. We move fast to protect your rights, maximize your settlement, and help you get the care you need. No fee unless we win.
The Law Office of J.J. Talbott assists clients throughout Pensacola and the surrounding areas with a wide range of legal matters.
Generally speaking, to establish liability and prove your claim, you must prove each of the following elements:
Your attorney can help you prove your claim by putting together relevant evidence, expert testimony, and information supporting your claim. At the Law Office of J.J. Talbott, our Pensacola personal injury attorney handles everything from investigating the claim to communicating with the insurance company so that you do not have to.
After suffering a serious accident or injury, you face more than just immediate physical and financial hardships; you also face significant and ongoing challenges that can affect you well into the future. When seeking a settlement from the insurance company, you must not only consider your current difficulties but also your future needs.
At the Law Office of J.J. Talbott, we truly care about the people we serve. We want to help you obtain a fair recovery so that you can get back on your feet. Our Pensacola personal injury lawyers are aggressive in advocating for their clients’ rights—we are not afraid to take on the insurance company, and we know how to win. You can trust us to be by your side every step of the way, fighting for you and seeking to hold the liable party accountable for the harm they have caused you and your family.
There are two main types of damages in personal injury claims:
There are two types of compensatory damages:
Examples of common economic and non-economic damages in personal injury claims include:
The Pensacola personal injury attorney at the Law Office of J.J. Talbott team can help you determine which types of damages you may be entitled to receive during a no-obligation consultation. After we have reviewed the specific details of your situation, we can provide personalized information regarding your legal options.
We also help those who were injured at work or suffered occupational illnesses fight for fair workers’ compensation benefits. If you have been temporarily or permanently disabled due to your injuries, we can also assist you in seeking Social Security Disability benefits.
In Florida, the statute of limitations for filing a personal injury claim is typically two years from the date of the injury. While this may seem like ample time, it’s crucial to act swiftly to gather evidence while it is fresh and witness memories are clear. There are exceptions, such as in medical malpractice or wrongful death claims, which may have shorter deadlines. Discussing your claim with an attorney at the Law Office of J.J. Talbott as soon as possible will help ensure that all critical timelines are met for your claim.
Call (850) 695-8331 or request your free consultation with the Law Office of J.J. Talbott today. No fee unless we win.
Get in touch with our experienced legal team today. Whether you’re facing a legal issue or simply need professional advice, we’re here to listen, guide, and fight for your rights.
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