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Personal Injury FAQ
In personal injury cases a plaintiff may be awarded monetary damages in compensation for lost wages, past and future medical expenses, physical impairment including, but not limited to, disfigurement or scarring, and damages for pain and suffering. This is not an exhaustive list of potential types of compensation involved in a personal injury case as each case will its own unique issues.
If you file suit as a pro se complainant or your attorney files suit on your behalf, you would do so in civil court, where personal injury cases are filed. In cases where a plaintiff seeks $5,000 or less from a defendant the case would be filed in small claims court, if the plaintiff is seeking damages between $5,001 – $14,999 then it would be filed in county court and if the plaintiff is seeking damages amounting to $15,000 or more then the case would be filed in circuit court. This applies to cases filed in Florida other jurisdictions may have different monetary limits for the various courts.
The amount of money that a plaintiff will be awarded is determined by many factors including, but not limited to, the amount of damages the permanent nature of the injury, the amount of past and future medical expenses and how egregious the conduct of the defendant. There is no way to assess what your case is valued without detailed examination of the facts of the case and your medical records and prognosis.
Personal Injury lawsuits must be filed within a certain period of time usually referred to as the statute of limitations, this time frame varies from state to state and is determined by statutes. In Florida, different types of personal injury matters carry different statute of limitation periods and generally range from 2 to 4 years.
A large amount of cases are settled before a law suit is filed, and a large percentage of cases filed settle before trial. Additionally, the parties can engage in alternative dispute resolution mechanisms such as pre-suit mediation or arbitration before tribunal, this is less common.
- Auto accidents including motorcycle & truck accidents
- Dog bites
- Assault & Battery
- Head & Spinal Injuries
- Natural disasters
- Nursing home negligence
- Airplane accidents
- Railroad accidents
- Sexual abuse
- Slip & Fall injuries
- Wrongful deaths
- Negligent security
The length of the process will depend on several factors, the nature and extent of injuries, the length of required medical treatment and the complexity of the legal issues involved. Personal injury cases can be resolved in as little as a few days or over a period of years.
When you hire HAWM Law to represent you on your personal injury matter, it will most likely be on a contingency fee basis. In other words you will not have to pay any attorney’s fees upfront and that all fees and expenses will be deducted from your settlement prior to disbursement to you.