Florida's Personal Injury Law Firm


Who Pays for Personal Injury Claims?

Personal injury law protects individuals who have been injured as a result of another party’s or individual’s negligent actions or lack thereof. An attorney can specialize in various areas of personal injury law.

This can make it difficult for people who are looking for an experienced lawyer or legal team to handle a personal injury lawsuit to find one. A divorce lawyer, for example, may not be the best choice for an accident case.

What is a Personal Injury?

A personal injury is defined as any physical or mental harm or property damage caused by the negligence of another party. In such a case, you may be able to recover compensation from the at-fault party for the negative consequences of their actions.

If you choose to seek compensation from the at-fault party or insurance company, you and your lawyer must establish liability. You must show that the party at fault did the following:

  • Negligently caused your injury
  • Owed a standard of care
  • Did not meet that standard of care
  • Caused financial losses due to your injuries

Personal Injury Claim

The fact that accidents are fairly common does not diminish the confusion, pain, and suffering that they cause you or your loved ones. However, after an injury or accident, you can take steps to protect your legal rights by filing a lawsuit.

A personal injury claim is a legal dispute that occurs when one party is injured and another party is legally responsible for that injury. The insurance company of the responsible party should compensate the other party for pain and suffering, medical bills, and other ongoing medical expenses.

Common Types of Personal Injury Claims

  • Car accident claim
  • Medical malpractice
  • Construction accident claim
  • Work-related injuries claim
  • Defective product lawsuit
  • Slip and fall accidents
  • Wrongful death lawsuit
  • Premises liability claims
  • Birth injury and negligence
  • Nursing home negligence
  • Class action lawsuits

Personal Injury Attorney

Did you sustain an injury as a result of someone else’s carelessness? If this is the case, you can formalize your case by hiring an experienced lawyer to represent you in civil court. For example, if you were injured in a car accident, having a car accident lawyer on your side would be beneficial. A car accident attorney’s goal is to obtain the best possible outcome and recover a fair settlement in order to make the client whole again.

Lawyers who specialize in personal injury litigation typically work on a contingency fee basis. They only change the client fees if they are compensated. Essentially, paying your lawyer will be contingent on a favorable outcome.

A contingency fee is a percentage of what the lawyer recovers from the other party or the insurance company. If the lawyers do not obtain a settlement, you will owe them nothing.

Why the Contingency Fee Basis is Good for Accident Victims

  • You do not pay unless you win your case
  • You can file a lawsuit you may not otherwise afford
  • It provides an incentive for your attorney to work hard to recover as much money as possible for you

In most cases involving injuries, contingent fees are an excellent tool for justice and social equity. After all, injury victims frequently face significant costs following an accident, such as medical bills, pain and suffering, lost wages, and property damage.

Who Pays the Claim?

Typically, the person or business found legally liable for the accident compensates the injured party through the insurance company. On rare occasions, the responsible party may be required to pay compensation.

Every accident, however, is unique. As a result, the amount of a settlement will be determined by the circumstances of the accident. Having said that, the primary consideration in personal injury lawsuits is how much the case is worth. The plaintiff’s costs, whether physical, mental, or monetary, may be included in the damages. The defendant’s actions may also have a significant impact on the size of the settlement.

It is simple to quantify issues such as medical bills and missed work days when calculating a dollar figure for the settlement. On the other hand, putting a monetary value on things like pain and suffering, physical limitations, and other lingering injuries is difficult. As a result, the settlement amount awarded is the amount necessary to restore the plaintiff’s life to normalcy.

To avoid a lengthy and costly trial, lawyers can sometimes negotiate a settlement on their client’s behalf in advance. After a trial, a judge or jury may also order the defendant to settle.

Who Pays the Bill?

It is a common misconception that the process ends once a settlement agreement with insurance companies is reached. In reality, there are several steps following the negotiation. It would assist you in understanding these steps in order to obtain the compensation you deserve.

Settlement Breakdown 

After your attorney has reached an agreement with the insurance company, the next step is to await the settlement check. You should then distribute the funds to pay off your debts. An example of a basic settlement breakdown follows:

  • Clients – 49 percent
  • Attorney fees – 33 percent
  • Lawsuit cost – 2 percent
  • Medical liens – 16 percent

When a claim is settled, you are finished with it. Even if your injuries worsen, you cannot reopen it. By requesting plaintiffs to sign a release, insurance companies ensure the official closure of claims.

The total amount paid for your claim will be shown on your settlement draft. The compensation will cover medical bills, pain and suffering, and lost wages. These proceeds will cover any outstanding balances from the accident claim.

When Do Clients Receive Their Settlement Checks?

The law imposes time constraints and deadlines on insurance companies. They must pay within a certain amount of time. Their accountants, on the other hand, vary in terms of when they deliver or issue the check. You should receive the funds within two weeks of receiving the payment notification. Otherwise, the insurer may be held liable for the delay.

The Best Accident Attorneys in Palm Bay, Florida

Are you looking for a good attorney with a successful track record and a good reputation to file a car accident claim or any other type of claim on your behalf? If this is the case, contact the Brevard County law firm of Alpizar Law.

We draw on over 65 years of combined legal experience to ensure that our clients receive the compensation they deserve. Give us a call at +13216762511 if you need a car accident lawyer, a bicycle accident lawyer, or any other type of personal injury lawyer.