FAQs About Florida Personal Injury

1. Who is responsible when a person is injured?
2. Do I need an attorney?
3. How do I choose a lawyer that is right for me?
4. What are my attorney fees?
5. What do I do after an accident?
6. What is professional malpractice?
7. Will I have to go to court?
8. How long will it take to resolve my case?
9. What are compensatory damages?
10. What are punitive damages?

1. Who is responsible when a person is injured?

   The law of personal injury is concerned with determining who may be responsible for your injuries and how much they should be required to pay for your damages. Personal injury is part of the law of torts, the legal term that includes all types of injuries to people and their property. There are a number of principles that apply to personal injury that recognize degrees of fault on the part of the person who causes the injury. In general, the degrees of fault can be described as negligence, intentional fault, and strict liability.

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2. Do I need an attorney?

   Yes. Regardless of the type of accident, you need an attorney to receive fair treatment. Insurance companies are businesses with the goal of saving themselves money. The insurance adjuster's are employees of the insurance companies that try to offer as little money as possible to the injured claimant. With an attorney you can know the value of your claim and you will have someone in your corner that can fight for you legally.

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3. How do I choose a lawyer that is right for me?

   First look for a law firm that has a record of litigating and winning personal injury cases as Richard Perlini PA does. Many personal injury lawyers try to settle your claims quickly and do not want to go to trial. The insurance companies know this and don't offer big settlements. We're not afraid to go to trial and we'll keep fighting to get you the money damages you deserve.

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4. What are my attorney fees?

   We represent clients on a "contingency fee", that is, a percentage of a successful settlement or verdict basis, and do not charge a fee to consult with you about your accident. If the case is not won, there are no fees or costs owed to the attorney.

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5. What do I do after an accident?

   The first thing you should do is report the accident to your own insurance company but do not give a statement until after you consult with an attorney. Such statements are usually recorded and can be used against you later. Politely tell the insurance representative that you will call back at a more convenient time and then contact your attorney.

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6. What is professional malpractice?

   Professional negligence refers to the negligent acts of a medical provider. This can include doctors, nurses, caregivers, dentists and other health related professionals. A claim for professional malpractice basically asserts that the professional involved failed to act like other professionals would have acted in the same of similar circumstances.

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7. Will I have to go to court?

   If the insurance company agrees to pay what we have esteemed your case is worth, and the amount is satisfactory to you, then you don't have to go to court. If the insurance company refuses to pay the acceptable amount, then we will proceed in court. Unlike other personal injury lawyers who may try to settle your claims quickly and avoid trial, we go the distance to win your case. Our experienced attorneys know how much your case is worth and we make sure you are satisfactorily compensated for your injuries and losses.

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8. How long will it take to resolve my case?

   It depends on the case. Typically, vehicular accident cases are resolved in six to eighteen months. Sometimes products liability cases take even longer. We do not get paid until you get paid. Therefore, we are highly motivated to resolve your case as quick as possible.

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9. What are compensatory damages?

   Compensatory damages "compensate" the injured person for various kinds of losses or damages. These may also be referred to as "actual damages." The courts instructions call for "reasonable" compensation.

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10. What are punitive damages?

    Punitive damages exist to punish or make example of the wrongdoer for conduct that is intentional, or when the wrongdoer acts in a reckless manner in disregard for the rights of others. Punitive damages may be awarded only in certain circumstances. The actual payment of punitive damages is rare, and appellate courts frequently cut punitive damage awards down, or simply throw them out. However, the threat of punitive damages can often induce the defense to make an increased settlement.

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