General Questions
When should I contact a lawyer?
Time is important in these claims, so we suggest you contact us immediately. Evidence is often lost, and witnesses are either overlooked or lost as more time passes. The evidence and witnesses are often critical to a successful claim. Contact us immediately for an individual free evaluation of your potential claim.
Do most cases go to trial to recover damages?
Most cases do not go to trial. Statistically, about 95 percent of personal injury cases that are filed settle without going to trial, at mediation or otherwise. At Paige, Trop & Ameen we pride ourselves on our results whether by settlement or trial.
When should I settle my case?
Any discussion of settlement would be premature until the nature and extent of your injuries are known. This is generally what is known as MMI (maximum medical improvement) . At that time, your physician, lawyer and yourself will know the effects the injury has had on you in the past, and the likely effects the injury will have on you in the future regarding your ability to work, enjoy your hobbies, and perform activities of daily living. Once you reach MMI, settlement discussions can be made. If your case is not settled at that time, a lawsuit should be filed immediately.
How does a prior injury affect the value of my claim?
Generally, a person who is negligent or careless may only be responsible for the injury they caused. If you had a prior, or "pre-existing" injury, the third party may not be responsible to compensate you for a condition that already existed. However, if you can prove that the negligence made the injury worse, you can be awarded damages for an "aggravation of the pre-existing condition". In Florida there is a specific "jury instruction" which deals specifically with pre-existing conditions.
What are the issues affecting whether damages can be recovered?
Every case addresses four issues:
- Liability - was a third party negligent?
- Causation - did the negligent conduct cause an injury?
- Damages - what is the amount that will fairly and adequately compensate you for your injuries
- Source of collection - is there insurance or other assets from which damages can be recovered?
What is a normal settlement amount?
Every case is different, and there is no exact measure of compensation. However, there are certain "elements of damages" which will be considered when negotiating a settlement. The proper value of a claim is established when an experienced trial lawyer reviews and interprets the case information, such as:
- The strength of liability and causation
- The amount of the medical bills incurred in the past
- Loss of past income
- The amount of medical bills likely to be incurred in the future
- Loss of future earning capacity
- Extent of the injuries sustained, and how they have affected you and your family in the past
- How your injuries will likely affect you and your family in the future