If you’re considering filing a personal injury lawsuit, you probably have a mile-long list of burning questions. We get it. Dealing with insurance companies and legal complexities is daunting on a good day. Forget about navigating it when you’re seriously injured. Fortunately, our KL Injury Attorneys have collectively worked in the legal system for decades, and we can help answer (nearly) every personal injury question you have with 100% honesty and transparency.
Let’s dive in.
Can I still settle my case if I file a lawsuit, or do I have to go to trial?
Absolutely not. About 95% of pending lawsuits end in a settlement, which means only 1 in 20 personal injury cases even see the light of a courtroom trial. At KL, we resolve most cases without filing a lawsuit, and even if we file a lawsuit, we work to settle with the opposing side before going to court.
That said, we can’t promise your lawsuit won’t go to court. So our team will rigorously plan for trial, regardless of what happens. We’ll hire investigators, collect evidence, interview witnesses and build a rock-solid defense.
Can my case get settled, even after filing a lawsuit?
After submitting the paperwork to file your lawsuit, we wait months before the trial begins. In the meantime, we do everything possible to settle your case for the amount you deserve before it begins.
“Settling” sometimes has a negative connotation. But in the legal sense, “settling” your case means ending the dispute before the trial ends—and ideally, before the trial even starts. Trials can be time-consuming, expensive, and risky for everyone involved. That’s why a survey indicated 67% of favorable cases ended in some form of settlement.
How long will it take for my case to settle?
Unfortunately, “it depends” is the only reliable answer we can give here. Although most personal injury cases settle before going to trial, on average, it can take several months to a year before a settlement comes through.
One of the most significant factors is the time it takes to complete “discovery.” This process requires each party to exchange information about the witnesses and evidence they’ll present at trial. Discovery typically takes a few months to complete and up to a year or more.
Why do the courts need all of this information you’re asking of me?
While it may seem like we’re asking an excessive amount of questions, we focus on the details of your case because that’s how we win.
Most large cookie-cutter firms wait up to a year to engage with you, failing to ask critical questions and missing evidence along the way. But we operate differently. We believe that acting fast and thoroughly ensures we can obtain the information needed to get you the maximum compensation you deserve.
That’s why we speak with our clients immediately and carefully consider every case.
Can I still go to the doctor even though I filed a lawsuit?
At KL, we encourage you to get the medical attention you need, regardless of your lawsuit status. And while you recover, we ensure your case runs as seamlessly and conveniently as possible. We even reach out to healthcare providers to handle as much of your medical paperwork as possible and travel to your home or hospital to meet with you.
Our highest priority is for you to focus on recovery and look forward to better days ahead.
What’s my case worth?
The answer depends on various factors, such as:
- The severity of your injuries
- Your ability to work and earn an income
- Insurance coverage that applies to your injury
- Resources of the person responsible for your injury
Additionally, compensation for damages in personal injury cases falls into economic and non-economic categories.
“Economic damages” are tangible and easy to quantify, such as:
- Past and future medical expenses
- Past and future lost wages
- Household services
- Vocational rehabilitation
- Property damages
- Out-of-pocket costs
- Lost earning capacity.
On the other hand, non-economic damages are harder to quantify, such as:
- Pain and suffering
- Emotional distress
- Loss of life enjoyment
One personal injury survey found that the average personal injury victim received an average of $52,900—ranging from $3,000 to millions of dollars. We understand this is quite a wide range, but we can only provide basic information until we hear the details of your case.
When should I call an attorney?
Injuries are different, but they are always time-sensitive. If you’ve been injured in a car accident, slip and fall, product malfunction, or negligence, your first priority is to seek medical attention. Once you’re physically able, your next focus is to call a personal injury attorney, like KL Injury Attorneys, who can take steps to fight for the compensation you deserve.
We’re here to help you navigate the chaotic world of insurance claims and injury settlements so you don’t have to worry about battling mega insurers on your own. This is critical for two reasons:
- Insurance companies excel at minimizing personal injury claims because they have every incentive not to pay the total amount you deserve. That’s why handling claims on your own is risky unless your injuries are minor and the other side immediately concedes fault. Personal Injury attorneys like our KL team know all insurance companies’ tricks, so we’ll mitigate any possible defenses raised by the other side.
- Having a knowledgeable and experienced attorney helps show the other side that you’re serious about fighting for what you deserve. Just the threat of legal action can give you substantial leverage when negotiating a fair settlement.
How do I know if I need an attorney?
We hear from many victims who intended to deal with their insurance companies directly, only to receive pitiful settlement offers that didn’t align with the magnitude of their injuries. Afterward, they come to us to fight for the compensation they deserve. That’s why we feel every injury victim needs a qualified attorney’s advice, regardless of the incident’s size.
Our team has recovered millions of dollars for clients throughout Florida, including Boca Raton, Miami, Fort Lauderdale, and Delray Beach. And we take pride in making the process as easy as possible.
For instance, we helped one client go from an original insurance offer of $1,300 to a settlement of $353,000. That enormous jump wasn’t a matter of luck but the result of hiring an experienced law firm that’s not afraid to fight in court.
The right attorney can help you gather the documents and evidence needed to support your case, verify the facts, and help you navigate legal laws out of your realm, such as product liability, medical malpractice, and workplace injuries. We have access to engineers, safety experts, and medical professionals whose assistance and testimonies are critical to your success.
Do I have a case?
To determine whether you have a good case, we’ll examine your injuries, the accident scenario, and the legal elements required to win a potential lawsuit on your behalf. Every injury is different, from slip and falls to car accidents and bike crashes, so we’ll need to talk to you before answering that question. However, if you’ve been injured due to someone else’s negligence, you likely have a case worth pursuing.
Even if you spoke with an attorney who said your case wasn’t viable, getting a second or third opinion is critical. At KL, we’ve helped several clients after another personal injury firm told them they didn’t have a case to pursue.
You filed a lawsuit for me. Now what? Will I have to do anything?
Our goal at KL is for you to do as little as possible. From the moment we receive a file, we look at every aspect of the accident, from what caused it to the parties responsible. Then our team looks for cameras, witnesses, and physical evidence to support your case.
Once we devise the strategy, we will update you on the plan and contact you throughout the process. Our goal is to do the heavy lifting and keep you informed so you never have to wonder what’s going on—setting us apart from larger firms. In general, we handle all the paperwork, insurance calls, and administrative legwork so you can focus on your health and get your life back to normal.
What does it cost to hire you?
Our fee rate is a standard one-third of your total settlement plus our costs. The remaining settlement goes directly to you and your medical expenses.
Note that if a lawsuit is filed, our initial fee goes up by 40%.
Regardless, we only get paid when you get paid. That means you don’t pay anything upfront. You simply give us a call and set the wheels in motion so you can get paid while you rest and recover.
What happens if I have to go to trial?
We resolve most Florida personal injury cases without the need to file a lawsuit or go to trial. If the case goes to trial, you’ll need to attend in person, but we’ll let you know well in advance when and where you’ll need to be. Additionally, we’ll employ our expert litigator, Bennett Lessmann, to fiercely advocate for you.
Why might I need to file a lawsuit?
Whether a nail salon caused a severe infection, a doctor caused a loved one’s death, or an insurance company won’t pay fairly, we may need to file a personal injury lawsuit to hold them accountable for paying the damages you deserve.
Why did my insurance pay anything when it was the other person’s fault?
Florida is a “no-fault” car insurance state, which means your insurer pays your medical bills, even if you’re the victim. That’s why we recommend anyone who wants to register a four-wheeled motor vehicle in Florida to carry minimum amounts of car insurance coverage.
However, Florida’s minimum requirements are also some of the lowest in the country, at just $10,000 in Property Damage Liability (PDL) and $10,000 in Personal Injury Protection (PIP). These rates do not cover the total cost of an average accident with injuries. According to the National Safety Council Injury Facts, the average economic price is approximately $12,200. For a disabling injury, claims can shoot up to almost $100,000. The situation is even worse for Florida drivers.
Florida is in the top five states for uninsured motorists, with nearly 1 in 3 drivers. The consequences of getting into a crash with one can leave you with a bill and no choice but to go to court to recover the damages. That’s why we recommend that every driver carry uninsured motorist coverage (UM) and underinsured motorist coverage (UIM).
We won the case. Now, where’s my money?
We work hard to get your money to you as quickly as possible, although we know it can never be fast enough! We understand that waiting for a settlement check to arrive as medical bills continue to mount can feel like an eternity. So we’ll give you regular updates throughout the process. We promise you’ll never be in the dark.
Remember, we only get paid when you get paid, so we are totally on your side from the moment you contact us to the moment you get your check.
Have we answered all your questions? Have a few more? Contact our expert legal team today, and we’ll give you our honest advice absolutely free.