By Marcus Fernandez
If someone else’s negligence injures you, personal injury law allows you to seek compensation from them. The liability insurance company of a reckless motorist or careless property owner isn’t likely to hand over money easily after you’ve been injured. Personal injury attorneys protect the rights of people injured in accidents caused by the fault of others. They use their skills, knowledge of the law, and experience to make whoever caused you to suffer injuries pay the medical expenses, lost earnings, pain and suffering, and other damages you incurred.
The experienced Tampa personal injury lawyers at KFB Law tackle various personal injury cases, and this blog highlights why it’s beneficial to enlist a personal injury attorney when you’re injured in an accident or due to medical malpractice. If you have any questions as you read through the information included in this blog, get answers by contacting us.
Consider these compelling reasons to hire a personal injury attorney following your accident.
They have experience with personal injury laws
Personal injury law aims to provide compensation for individuals who suffer harm or injury due to the actions or negligence of another person or entity, such as a corporation or government body. Tort is another word meaning harm done to another person. You may hear lawyers use either “personal” or “tort” interchangeably, as in personal injury law and tort law or personal injury claim and tort claim.
Types of situations that typically create personal injury claims include the following:
- Car crashes
- Pedestrians and bicyclists struck by motor vehicles
- Slip-and-fall and other types of premises liability accidents
- Wrongful death
- Medical malpractice
- Dog attacks
- Drownings
- Boating Accidents
- Defective product and other product liability cases
- Workplace accidents
- Assaults and other intentional acts
A person injured in a car accident or falling on someone else’s property should hire a personal injury attorney. However, hiring a personal injury attorney immediately takes away the advantage insurance companies and defense lawyers have over unrepresented claimants attempting to make their way through a complicated legal process when also trying to recover from injuries sustained in an accident.
For example, all states have a statute of limitations. This sets the time limit for filing a lawsuit after an accident to seek damages. The statute of limitations for most personal injury actions in Florida was four years until 2023. The state recently reduced it to only two years.
Don’t wait too long to file a personal injury claim. You might forfeit the chance to receive compensation for your financial losses. A personal injury attorney ensures you do not lose your rights because of a lack of knowledge of the laws.
They look out for your interests
Liability insurance companies and defense lawyers represent the person or entity responsible for causing your injury through their actions or negligence. Contrary to what they may tell you, they do not look out for you or your best interests.
For example, insurance adjusters frequently employ the tactic of immediately contacting injured accident victims and offering to settle the claim. These offers to settle quickly may be attractive to someone out of work while recovering from an accident. Unfortunately, they usually favor the insurance company the adjuster works for. They do this by settling the claim for less money than the true value of the claim.
One of the first things your personal injury attorney does is evaluate the case to determine its value. Evaluation is based on factors including the following:
- Severity of injuries: A case involving severe injuries requiring hospitalization may have a higher settlement value than one with minor injuries treated in a physician’s office.
- The effect of injuries on a person’s daily life: If injuries cause a person to lose time from work and prevent them from engaging in day-to-day activities with their family, the settlement value may be higher than one where there are no lost earnings and little effect on daily life.
- Liability: Recovering damages in a personal injury case depends on the strength of the evidence proving negligence of the at-fault party either through their acts or failure to act. The fact that you were injured in a car crash does not automatically mean you are entitled to recover compensation. You need to prove another party was at fault to succeed in a personal injury case.
- Long-term effects of the injuries: If you suffer injuries that leave you with scarring or with a disabling condition, you would be entitled to recover more in the way of a settlement or verdict after trial to adequately compensate you.
Insurance companies use settlement offers before consulting with a personal injury attorney to exploit claimants. These are probably those who do not know what their cases are worth. A KFB Law personal injury attorney will determine the value of your claim. We’ll also look out for your interests to ensure that any settlement is a fair one. You deserve compensation for the harm done to you.
Personal injury attorneys know how to prove a claim for personal injuries
You cannot recover compensation for injuries caused by someone else without evidence. There must be evidence proving that someone was at fault in causing an accident. Moreover, it needs to demonstrate that their actions directly caused your harm.
Because of their knowledge of the law and what an injured person, called a “plaintiff,” must prove to recover damages, personal injury attorneys start the process of identifying and gathering evidence as soon as an accident victim hires them. If injured in a car accident, your lawyer may investigate using these methods:
- Photographs of the crash site and anything at the site that may prove the cause of the accident.
- Locate and interview witnesses to the accident.
- Acquire copies of police accident reports and reports prepared by emergency medical personnel who responded to the crash.
- Obtain copies of video from traffic or surveillance cameras in the vicinity of the crash.
Identifying and gathering the evidence to prove the liability of the other party and the damages you incurred because of their negligence strengthens your case.
A personal injury attorney’s trial experience may expedite a settlement
A surprising statistic from the Bureau of Justice Statistics of the U.S. Department of Justice is that only 4% of personal injury cases end in a verdict after trial. The vast majority of cases result in a negotiated settlement rather than a trial. However, the threat of a trial can affect the willingness of an insurance company to settle and how much it’s willing to pay.
Delaying tactics and low-ball offers by an insurer during negotiations do not work when you have an attorney representing you. An experienced personal injury attorney gives you a skilled negotiator capable of moving your case through the courts to a trial to overcome bad faith and stalling by defense lawyers and adjusters defending the case on behalf of the person or entity responsible for causing you to be injured. A skilled attorney can also help clear up the many misconceptions about personal injury cases, thereby better preparing you for the case ahead & giving you much-need peace-of-mind.
If your case goes to trial, your personal injury attorney puts years of trial experience to work on your behalf. Attorneys whose practices focus on personal injury law know how to present evidence supporting your claim to convince a jury or a judge to compensate you for the harm you suffered.
A personal injury attorney gives you peace of mind
It doesn’t matter if an injury results from medical malpractice, a car accident, or other reasons caused by the negligent act or failure to act of someone else. You need time to focus on getting the medical care and rest you need to recover. You shouldn’t have to handle insurance companies yourself or be concerned about the time frame for pursuing your claim.
A personal injury attorney relieves you of the burden of handling your compensation claim with peace of mind. Know it’s in the capable hands of someone looking out for your welfare and best interest. While your personal injury lawyer aggressively fights to get you the maximum compensation the law allows for your injuries, you can rest and focus on recovering from your injuries.
Get help today from a Tampa personal Injury attorney
If you have been injured through the negligence or intentional conduct of another person or entity, KFB Law eliminates concerns about how to pay for representation. Our personal injury attorneys typically work under a contingency fee arrangement. Legal fees and costs are covered as a percentage of the compensation we secure for you. Learn more by contacting KFB Law today to schedule a free initial consultation.