Category: Personal Injury

Without knowing the details of your case, it is impossible to determine how much your claim is worth, how long it will take to resolve, and how much you will get from your personal injury settlement. However, it is possible to list the elements of damages you might be eligible to receive, and it’s possible to identify some of the factors that will affect the timing of your case. 

Once you know this much, you can plug in the factors of your particular case and come up with a ballpark estimate. Florida personal injury law recognizes three main categories of damages—economic damages, non-economic damages, and punitive damages. 

Economic Damages

Economic damages are tangible, easy to count, dollars-and-cents damages that include items such as medical expenses and lost earnings.

Medical expenses

You should receive personal injury compensation for virtually all of your medical expenses. Two main limitations are:

• You might not receive compensation for fringe medical treatments such as homeopathy, and 
• If health insurance covers some of your medical expenses, you cannot receive a double recovery based on a personal injury judgment or settlement. 

If your injuries are long-term, you can receive anticipated future medical expenses. You might need an expert witness to prove the amount.

Lost earnings

Lost earnings include amounts you would have earned if you hadn’t missed work due to your injury. 

Diminished earning capacity

Diminished earning capacity includes earnings you expect to lose in the future because a long-term or permanent injury will prevent you from returning to your previous job. You might need expert testimony to prove the amount of your claim.

Miscellaneous economic losses

Your injuries might have forced you to place your children into daycare. You might have had to hire someone to do housework while you were incapacitated. All of this and more can justify compensation.

Non-Economic Damages

Non-economic damages compensate you for intangible losses. They often amount to far more than economic damages.

Pain and suffering

Pain and suffering damages compensate you for the physical pain and distress you suffered because of your injuries.

Mental anguish and emotional distress

Mental anguish and emotional distress damages compensate for shock, fear, disappointment and other purely psychological pain.

Loss of enjoyment of life

Your injuries might have impaired your ability to enjoy activities that once sustained you, such as exercise, playing chess with your friends, etc. 

Disfigurement and physical impairment

Imagine you suffered extensive facial scarring. Compensation for your physical pain and suffering wouldn’t cover the social stigma and humiliation you experienced as a result.

Loss of consortium

Your spouse’s injuries may have deprived you of their intimacy, companionship, and sexual relations.  Loss of consortium damages compensate you for these losses. Remember, it is the injury victim’s spouse that files a claim for loss of consortium.

Punitive Damages

The purpose of punitive damages is to punish the defendant, not compensate the victim. As the victim, however, you still receive the money. Only outrageous behavior by the defendant justifies punitive damages, and courts usually refuse to award them.

Factors That Affect the Timing of Your Claim

Most successful personal injury claims settle out of court. Following is a list of factors that might influence how long you have to wait to receive compensation. 

How long it takes you to reach Maximum Medical Improvement (MMI)

MMI is the point where your doctor decides that your condition will not improve any further. It is best to wait until you reach MMI to file your claim so that you will know how much to ask for. The longer it takes you to reach MMI, the more money you can ask for.

The amount of your claim

The more money you ask for, the harder the defendant will fight and the longer your claim will take to resolve.

The complexity of your claim

More complex claims take longer to resolve than simpler ones.

Your negotiating skills

The better your negotiating skills (or your lawyer’s), the quicker you can resolve your claim.

Whether you file a lawsuit

Filing a lawsuit can slow down the resolution of your claim but add to the amount of your damages. Most lawsuits do not proceed to trial.

Whether the defendant will settle

If the defendant stubbornly insists on trial, you will have to wait longer for your money.

Contact an Experienced Personal Injury Attorney for Help With Your Claim

In most cases, it takes a few weeks to a few months to settle a personal injury claim. If the case goes to trial, however, resolution could take a few months to a few years. Very few claims go to trial, and only in unusual cases does resolution take more than a year.
An experienced personal injury lawyer can help you maximize the value of your case and help move it along in an efficient manner. Contact a skilled personal injury attorney today to discuss your case.

When someone else causes another person harm or injury, the at-fault party can be held financially liable for damages. The victim could receive a personal injury settlement that includes reimbursement for their economic damages. The personal injury settlement could also include compensation for non-economic damages.

If a party is single, the settlement amount is that person’s property. However, what happens to a personal injury settlement in California or Nevada during a divorce?

California and Nevada Are Community Property States

Most states divide property in a divorce according to an equitable division between spouses. “Equitable” does not always mean equal. For example, a judge could decide that equitable is a 70/30 split or a 60/40 split.

However, California and Nevada are community property states. In a community property state, the spouses divide all marital assets equally during a divorce. Marital assets typically include all income and property acquired during the marriage.

Separate property refers to assets owned before the marriage. Additionally, inheritance and gifts received during the marriage are considered separate property. The spouse would need to commingle or convert the property to marital assets to be included as community property. 

When a spouse receives a personal injury settlement, it could be considered separate or marital property. It depends on several factors.

California’s Divorce Laws Related to Personal Injury Settlements 

In California, a personal injury settlement is separate property. California Family Code §781 states the settlement is not subject to property division. On the other hand, California Family Code §780 and California Family Code §2603 discuss personal injury settlements as community property. 

The laws seem to contradict each other. However, when you analyze the statutes, you find that personal injury settlements are separate property if:

• The injury occurred after the parents were legally separated or divorced
• A spouse causes injury to the other spouse
• The spouses were not living together when the injury occurred
• The injury occurred before the marriage

A non-injured spouse could claim a portion of the personal injury settlement. They could receive reimbursement for medical bills and other expenses they paid. 

A judge determines how to divide the settlement proceeds when personal injury settlements are community property. The judge considers each spouse’s economic condition and needs when determining how to split the proceeds. However, the maximum amount a non-injured spouse can receive is 50% of the personal injury settlement. 

In some cases, an ex-spouse could receive a portion of an ex’s personal injury settlement. However, the accident or injury would have had to occur before the parties were divorced, and the judge must determine the proceeds are community property.

Nevada’s Divorce Laws Related to Personal Injury Settlements 

Nevada also has laws that address personal injury settlements. Nevada Revised Statute §123.130 states personal injury settlements received before marriage are separate property. The settlement proceeds remain separate property unless converted to community property. 

A personal injury settlement received during the marriage could be community property. If only one spouse receives the settlement during the marriage, it is considered separate property. 

However, Nevada Revised Statute §123.121 refers to situations when the spouses file a joint action. The division of the settlement proceeds depends on how the money is classified in the settlement agreement.

For example, pain and suffering damages are paid to the person who sustained the injuries. Damages for loss of consortium are paid to the non-injured spouse. Settlement proceeds reimbursing the parties for medical bills and expenses are considered community property. 

Nevada law does not explicitly mention lost wages. However, a judge would likely consider a personal injury settlement for lost wages community property because income during a marriage is community property. 

Seek Legal Advice To Protect Your Rights and Best Interests 

The laws governing personal injury settlements during a divorce can be confusing and complicated. In addition, other factors could impact the outcome in your case. 

The best way to protect your right to a personal injury settlement during a divorce is to seek legal advice. Consulting a personal injury lawyer can help you keep a settlement award that should be your money. 

If you’ve been in an accident in Florida, you may have realized that the bills pile up quickly. You may have medical expenses related to your injuries, but those same injuries might keep you from working and earning income. You might not know where to turn. A personal injury lawyer is a good start.

If someone else’s negligence is responsible for your injuries, they may be liable for your damages. A personal injury attorney can help you pursue those damages through a personal injury claim. They can help you obtain compensation for your medical bills, lost income, and pain and suffering. They can help you move forward after an accident and regain a sense of financial security.

To be sure, there are a lot of personal injury lawyers in the Sunshine State. We put together this article to help you find the best attorney for your situation. 

Identifying Personal Injury Lawyers Near You

When you are looking for a personal injury lawyer, you should begin your search by gathering a handful of names. There are many sources that can help you.

Referrals from Friends and Family

Your family and friends may be one of your best sources for identifying a strong personal injury lawyer. If they had an injury case in the past, they can direct you to the attorney who got them a successful result. Alternatively, they may be able to help you steer clear of an attorney with whom they had a negative experience. Even if your family or friends have not had an injury case, they may still know of attorneys who practice personal injury law. 

Lawyers (in other practice areas), judges, and paralegals can also be great sources of information for determining which injury lawyers have a strong reputation in your community.

Legal Directories

Legal directories are another excellent place to locate skilled personal injury lawyers in your area.

The most helpful legal directories are:

• Avvo – rates attorneys on a scale of 1 to 10 based on profile information and public data available on the attorney. 
• Martindale-Hubbell – rates attorneys based on peer reviews of the attorney
• FindLaw – rates lawyers according to the average of all ratings submitted for the lawyer or organization.
• Justia – rates lawyers based on peer-to-peer reviews

You should look for an attorney who has high ratings on these directories. Ideally, you should look for an attorney who has favorable ratings from colleagues and former clients. For example, Bill Allen, an experienced Gainesville personal injury lawyer, enjoys a “9.8 – Superb” rating on Avvo and an “AV-Preeminent” rating on Martindale Hubbell.

As a Florida personal injury lawyer, Bill is proud to earn high marks from legal rating services because they reflect his experience, skill, and ethics in Florida personal injury law.

Lawyer Referral Services

The Florida State Bar has a lawyer referral service for the public. When you use this service, you will briefly describe your legal situation and provide the service with a way to contact you. 

The service will match you with a lawyer based on your needs and geographic location. You can then connect with that lawyer to discuss your injury claim. Keep in mind the service may not necessarily screen lawyers for quality. It’s focused more on location and practice area.

Online Searches

Search engines are always a nice place to find information about lawyers in your area. However, the law firms that appear first on Google may not be the best for your legal situation; they may just have the biggest marketing budgets.

Therefore, you shouldn’t only rely on Google rankings to make your decision. Instead, examine the attorney’s reviews and ratings on legal directories as mentioned above.

Meet With Prospective Attorneys – Most Florida Personal Injury Lawyers Offer a Free Consultation

After you have identified a few potential lawyers in Florida, you should schedule free consultations with each attorney. Speaking to multiple lawyers will help you get a feel of what you want and don’t want in a lawyer. It will help you find an attorney that is compatible with your legal needs.

You should use the free consultation to get as much information as possible about your injury claim. You should also ask specific questions about the lawyer’s services.

Consider asking:

• How much are your attorney fees?
• What are my claim’s chances of success?
• What are the weaknesses of my case?
• Who will manage my case?
• How much is my case worth?
• How long do I have to file my claim?
• How long will my case take to settle?
• Who will provide me with updates?

By asking these questions, you will be able to set clear expectations about your case and attorney. These questions will also facilitate a healthy relationship with your attorney and minimize misunderstandings and miscommunications.

Selecting the Right Florida Personal Injury Attorney to Represent You

To have the best odds of a successful personal injury claim, you should make sure your attorney has certain skills. These skills can be the difference between receiving maximum compensation for your injuries and receiving nothing at all.

Organization Skills

There are a lot of moving parts in a personal injury case. There are filings, investigations, deadlines, etc. Your lawyer needs to be able to manage each stage and filing of a case effectively. Missing a deadline or hearing can have disastrous consequences for your claim.

You also need to make sure your lawyer has the skills to organize and track all documents and evidence in your case. This evidence will be critical for helping you prove liability in your case and achieving a favorable result.

Knowledge of Florida Personal Injury Law

Your lawyer needs to understand and apply Florida injury and insurance law to make the most of your case. These laws, including comparative fault rules and statutes of limitation, can be highly technical. You may not want a lawyer who is a generalist or who typically practices criminal law.

Experience Handling Your Type of Accident Case

You don’t only want a lawyer who has experience in personal injury law. You also want a lawyer who has experience handling your type of personal injury case.

Not all personal injury cases are created equal. Some arise from motor vehicle accidents. Some from medical malpractice. Some from other incidents. 

You need a lawyer who understands the nuances of your injury case and knows what proof they need to offer to win your claim.

Excellent Communication and Negotiation Skills

Most personal injury claims settle. Insurance companies and other defendants prefer not to risk trial if they can settle for a reasonable sum. Therefore, your lawyer needs high-level negotiating skills. They need to be able to leverage their skills and the evidence in your case to make the at-fault party pay fair compensation.

Your lawyer also needs to be able to explain technical legal concepts simply. If they can do this for you in a free consultation, it’s likely that they can do it in front of a judge and jury, also.

Hire a Top Florida Personal Injury Lawyer for Your Case

Hopefully, this guide has equipped you with strategies for finding the best Florida personal injury lawyer for your case. If you choose the right attorney, your case should proceed smoothly through the different stages. It may take a few tries to find the right attorney, but the effort will have been well worth it if the attorney helps maximize your compensation after your accident.