10 Things to Know Before Filing a Personal Injury Claim

10 Things to Know Before Filing a Personal Injury Claim

by | Nov 5, 2020 | 0 comments

Ask anyone who has ever been involved in a personal injury lawsuit and they will tell you the whole process can seem a bit intimidating.  But under the guidance of an experienced personal injury attorney, you should be in good hands. Here are the ten things you should know before filing a claim.

1- Personal injury lawsuits are designed to protect you

After a car accident, medical malpractice, product failure, fall or any of the other myriad ways you can be injured – you will have a lot to contend with. There will be medical bills, lost income, emotional stress, and the upheaval of your daily life. A personal injury lawsuit is designed to specifically protect your rights and your financial future.

2 – An attorney will help you recover more

On average, people that hire a personal injury attorney after a car accident recover three-times as much compensation compared to those that don’t. A skilled personal injury lawyer understands how to value a claim and what it takes to negotiate a favorable settlement or litigate the case in front of a judge and jury.

3 – Call an attorney sooner than later

A personal injury attorney can help preserve and then gather critical evidence to prove your claim and to prove the extent of your injuries. Your attorney will be able to guide you through the process every step of the way and advise you on what you should and shouldn’t say to insurance adjusters.  Your attorney can also guide you through all your legal options and can communicate directly with the insurance companies on your behalf.

4 – There is no fee unless your case is won

At Weinstein & Cohen, we believe everyone should have access to the best legal representation regardless of their financial status. Our attorneys work on a contingency fee basis, which means we are only compensated if we get you a recovery.  You will not pay money out of pocket to us for any reason.

5 – Cases are won either in a trial or in a settlement sometime before trial

Most claims are settled without the need for a trial.  In fact, many claims can be settled before a lawsuit is ever filed.  Sometimes a lawsuit and eventually a trial is required to make an insurance company pay reasonable compensation.  Even though most claims resolve before trial, it is critical that your lawyer have personal injury jury trial experience.  Here at Weinstein & Cohen we have done many jury trials and obtained numerous multi-million-dollar jury verdicts.

6 – Establishing negligence is critical

The most critical component of any personal injury claim is to determine negligence. If a person or an entity acted negligently and caused your injury, then they can be held responsible for your damages.  Damages typically include medical expenses, lost wages and pain and suffering.

7 – Consult your attorney before signing anything

Remember that the insurance company does not have your best interest in mind. They prefer to deal directly with you instead of an attorney because they believe you may settle for far less than your case is worth. Avoid waiving critical rights by consulting with your personal injury attorney before signing anything or accepting any offers.

8 – Facts determine the case

There are a lot of different factors that go into determining the value of a claim included the severity of an injury, the circumstances surrounding the accident and where the accident occurred. All these facts contribute to the overall value of your claim.  Weinstein & Cohen has long track record of success and experience to draw upon when it comes to providing aggressive and strategic legal counsel. With more than three decades of experience, we know how to value a case and understand the nuances of the law to enable us to achieve a favorable outcome for you.

9 – Personal injury cases can take time

Some personal injury cases can be very complex, and a settlement or trial can take months, if not years. Often, insurance carriers will attempt to drag out the process in hopes that a victim will eventually just want to settle. Having experienced counsel will keep you from settling for less than your case is worth. Our attorneys at Weinstein & Cohen are dedicated to achieving the best possible outcome for you no matter how long or how hard we must fight.

10 – There is limited time to file a lawsuit

The law provides a limit on the time a victim has to file a lawsuit to seek damages.  These limits are called a limitations period.  Failure to timely and properly file within those limits would result in your claim being barred and you recovering nothing.  It is critical to contact Weinstein & Cohen early to act timely to preserve your right to seek compensation.

Our experienced Miami and Naples accident attorneys at Weinstein & Cohen will put your priorities first. If you or someone you care about has been injured or involved in an accident across South Florida or Southwest Florida, contact the accident lawyers and Miami and Naples personal injury attorneys at Weinstein & Cohen at 305-374-1011 or 239-793-3331, or visit fairnessforall.com for an absolutely free legal consultation to learn more about your options.






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