Do I still have a case if I’m partly responsible for the accident?
Florida law does not prohibit injury victims from recovering compensation for their losses. This is called comparative negligence.
However, those who have played a part in the cause of their accident or resulting injuries will have their award reduced in proportion to their percentage of fault. So if you were found to be 10 percent at fault, you can expect a 10 percent reduction in your injury settlement.
Will I have to go to court?
Court is certainly possible, but in many cases, we can negotiate with the insurance company to secure an injury settlement that meets your needs. When your losses are greater than the insurer is obligated to settle for, or if the insurance company refuses to pay, heading to court where a judge can hear your case may be in your best interests.
How long do I have to get my lawsuit filed?
Florida’s statute of limitations for personal injury lawsuits is typically four years. The statute of limitations is critically important. Any attempts to file after the expiration will likely be denied, meaning you’ll be unable to obtain the compensation you might have otherwise been entitled to.
What losses can I be awarded compensation for?
Every single loss you have endured should be recoverable in your Pensacola personal injury lawsuit. This includes both economic and non-economic losses. Economic damages involve monetary losses and can include lost income and earning capacity, medical expenses, and property damage.
Non-economic damages do not have a set monetary value and include pain and suffering, loss of consortium, diminished quality of life, emotional distress, inconvenience, and any scarring or disfigurement you might sustain.
Should I accept an offer from the insurance company?
There are several reasons why you should not rely on the insurance company to get the most out of your claim. First, the insurer is not required to cover your non-economic losses, only your financial ones.
Second, the insurance company is going to lose money if they decide to settle your claim. This gives the insurance adjuster an incentive to look for any possible reason to minimize what you’re entitled to, often resorting to unscrupulous practices to further wrong you.
For this reason, it is best to prepare to negotiate with the insurance company first, review any settlement offers with your attorney before accepting them, and be open to the possibility of going to court to get the maximum compensation you’re due.