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FAQs

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Personal Injury FAQs

What kind of cases do personal injury lawyers handle?

This varies from one personal injury lawyer to the next, with the most common types of cases including motor vehicle accidents, medical malpractice, wrongful death, premises liability, product liability, and workplace accidents.

 

Many types of cases fit within these categories. For example, motor vehicle accidents include car accidents, commercial truck accidents, motorcycle accidents, public transportation accidents, and pedestrian accidents. 

When should you contact a personal injury lawyer?

It’s best to contact a personal injury lawyer as soon as you believe that you have a case. The sooner you do this, the sooner your legal team can step in to collect evidence, answer your questions, and help you decide on the best course of action. 

 

If you’re unable to consult with a personal injury lawyer — perhaps as the result of serious injuries — ask a loved one to do so on your behalf. This puts the wheels in motion as you take steps toward your recovery. 

How do I start a personal injury claim?

The best way to start a personal injury claim is to contact an attorney in your local area. Explain what happened, provide evidence, and answer any questions asked of you.

 

If the attorney believes that you have a claim, they can work with you to file it. 

 

There are other steps a personal injury lawyer can assist with, such as reviewing the police report, helping you receive the right medical care, and communicating directly with insurance company representatives.

 

With so much happening in the aftermath of a personal injury accident, it’s best to consult with an attorney who can manage the process on your behalf. This allows you to focus on your treatment and recovery. 

What should I ask before hiring a personal injury lawyer?

You don’t want to hire just any personal injury lawyer. You want to hire the right person for your case. Not only does this put your mind at ease, but it also improves the likelihood of receiving the compensation you deserve. 

There are many questions to ask before hiring a personal injury lawyer, including but not limited to:

  • How much experience do you have representing people in my position?
  • What do you need from me to start the claims process?
  • How much is my claim worth?
  • Do you believe that there’s potential to settle out of court?
  • Are you prepared to take my case to court, if necessary?

 

There’s no such thing as a silly question. The more questions you ask, the easier it becomes to hire the right personal injury lawyer. 

What are the stages of a personal injury claim?

While no two personal injury claims unfold the same way, some basic stages generally come to light. These include:

  1. You consult with an attorney
  2. A complaint is served to the defendant
  3. Pre-trial and discovery
  4. Settlement phase, which includes negotiations
  5. Trial phase (if necessary)

 

If you’re concerned about or confused by the stages of a personal injury claim, hire an experienced attorney who can explain what’s to come and how they’ll help you deal with each step. 

Car Accident FAQs

Should I accept the first offer from an insurance company for a car accident?

As tempting as it is to accept the first offer from an insurance company — especially if it appears fair and reasonable — this is not a mistake you want to make. If you do this, you close your claim. And that will stop you from seeking additional compensation.

 

Insurance companies are known for sending lowball offers to accident victims in hopes that they’ll immediately accept. 

 

If you receive an offer, share the letter with your attorney to better understand the terms and conditions and your options moving forward. 

 

Just remember that there’s never a good time to accept the first offer from an insurance company for a car accident. 

 

Many types of cases fit within these categories. For example, motor vehicle accidents include car accidents, commercial truck accidents, motorcycle accidents, public transportation accidents, and pedestrian accidents. 

What is the average settlement for a car accident in Florida?

Research shows that the average settlement for a car accident in Florida is somewhere in the $10,000 to $50,000 range. 

 

However, this is just an average. You may learn that you can’t recover any more than $10,000. Conversely, if you were seriously injured in an accident, you may be in line to obtain compensation in excess of $1 million.

 

If you’re injured in a car accident in Florida, consult with a personal injury attorney to better understand how much you can expect to receive. 

 

If you’re unable to consult with a personal injury lawyer — perhaps as the result of serious injuries — ask a loved one to do so on your behalf. This puts the wheels in motion as you take steps toward your recovery. 

When should you get a lawyer for a car accident?

A minor fender bender in which you suffered no injuries does not typically call for the assistance of a personal injury lawyer. 

 

But if you were injured in the accident, regardless of the severity, it’s generally best to have a lawyer on your side.

 

Damages and losses can add up quickly when you take into consideration repairs to your vehicle, medical bills, and future expenses. 

 

A qualified car accident attorney can review the details of your accident and help you decide what to do next. They only get paid if you get paid, so you can expect honest feedback during your consultation. 

How is pain and suffering calculated in an accident?

Insurance companies are not required to use a specific formula for calculating pain and suffering in a motor vehicle accident.

There are two ways to calculate pain and suffering: 

  1. Multiply your damages, such as lost wages and medical bills, by a specific number, typically between one and five. The more severe the injury, the higher the multiplier. 
  2. Per diem method: With this, a certain dollar amount is assigned to every day of your recovery until you make a maximum recovery. It’s important to negotiate the daily amount to maximize your compensation for pain and suffering. 
What should I do after getting rear-ended?

There are a variety of steps you should take if you’re rear-ended by another vehicle:

  1. Stay where you are to assess yourself for injuries
  2. Don’t move your vehicle, as doing so can harm your chances of proving the other driver hit you from behind
  3. Call 911 to request that police and an ambulance respond to the scene
  4. Receive treatment
  5. Learn more about your legal rights

 

If you’re rear-ended, such as when sitting at a traffic light, it’s generally clear that the other party was at fault. 

 

Truck Accident FAQs

Can I sue for being hit by a semi-truck?

Yes, you’re able to file a lawsuit if you’re struck by a semi-truck. The strategy you employ depends on the circumstances of the crash.

 

For example, you must pinpoint who was liable for the accident, as that helps when filing a lawsuit. 

 

Even if you were somewhat responsible for the accident, you may still be able to file a lawsuit in search of compensation. 

Who is liable in a truck accident?

If you decide to take legal action, your attorney will help you decide who was liable. 

 

For example, if the trucker was driving under the influence of alcohol, they may be held responsible for causing the accident.

 

But it doesn’t stop there. The trucking company could also be held liable, such as if they sent the trucker out on the road without proper training. 

 

Other parties that could be liable include:

  • Truck manufacturer
  • Truck parts manufacturer
  • Vendors that provide services to the trucking company
  • The owner of the cargo
  • Anyone responsible for maintaining the roadway on which the accident occurred
What causes most truck accidents?

Just the same as any type of motor vehicle crash, there are many potential causes of commercial truck accidents. The top causes include:

  • Drowsy driving
  • Driving under the influence of alcohol, drugs, and/or prescription medication
  • Reckless driving
  • Improper training and/or maintenance
  • Distracted driving

 

Each of these causes can take on many forms. For example, reckless driving includes things such as excessive speeding, illegal lane changes, and driving the wrong way on a one-way road. 

Why are trucking accidents a serious issue?

Truck accidents are a serious issue for two reasons:

  1. They’re common: In 2019, approximately 5,000 large trucks were involved in a fatal accident. That doesn’t even take into account the number of people who were injured in car-truck accidents. 
  2. They have the potential to cause serious injury and/or death: Due to size alone, when a commercial truck collides with a passenger vehicle, it’s the people in the smaller car who are at most risk of injury or death. 
How is fault in a truck accident determined?

The parties involved in a truck accident are almost always at odds about who was at fault. These parties include:

  • Insurance companies
  • Law enforcement 
  • Court system
  • The drivers of the vehicles

 

The responding officer(s) is the first one to assess the scene. In addition to noting what they see, they’ll speak with any witnesses and determine what type of investigation is necessary. They’ll also write a police report. 

 

From there, insurance adjusters get involved. They inspect the vehicles in the accident, review all relevant facts, and talk to witnesses. 

 

Should you decide to file a lawsuit against the negligent party, the court system — which may include a jury — comes into play.

 

Note: it’s possible that both drivers are assigned a portion of liability for the crash. This will impact how much compensation you receive but doesn’t mean you’re completely out of luck. 

 

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My family and I came to Terrell and Hogans office about 4 years ago after meeting with 3 other firms here in Jacksonville. My family and I suffered a great loss, our father. He was killed by a physician's negligence. Mr. Hogan's hard work and commitment changed the course of my family's life. We will all be eternally grateful for their passionate work and their personal dedication to do the right thing.
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