Frequently Asked Questions About Personal Injury and Wrongful Death
Do I need a personal injury attorney?
Medical problems caused by an accident may not be fully recognized for months or even years after the accident. Losses from medical bills, decreased earning potential, and many other problems can pile up unexpectedly. An attorney with experience representing personal injury victims and negotiating with insurance companies can analyze your case and determine fair compensation for your losses.
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How much is my case worth?
Compensation for your injuries depends on several factors, including the extent of your injuries, physical and mental pain and suffering, the amount and length of medical treatment, economic hardship or financial loss, decreased earning potential, and physical impairment and/or disfigurement.
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Should I accept an insurance company’s settlement offer?
Before accepting a settlement, it is always in your best interest to consult an attorney. Adjusters work for the insurance company, not for you. Their job is to settle the matter for the lowest possible cost to the company. An attorney will work for you and ensure that a settlement results in full compensation for your injuries. You don’t want to sign away your rights only to later discover that your injuries and losses were worse than you originally thought.
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Will I be able to recover money even if I am partly at fault?
Yes. In most cases accident victims can recover money even if they are partly to blame for the accident.
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Will I have to go to court?
Many injury claims can be settled for their full value through negotiation, mediation or arbitration, without you having to go to court. However, some complex cases may require that you participate in legal proceedings.
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When should I call an attorney?
You should consult an attorney as soon as possible after being injured. In most cases there are time limits for filing claims after an injury occurs, and if this deadline passes, your claim could be dismissed. In addition, finding witnesses and gathering evidence to support your case becomes more difficult the longer you wait.
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How do I choose an attorney?
The success of personal injury attorneys is based on several factors, including education, legal skill and experience. The attorney you retain should have a proven record of winning cases similar to yours and should be willing to thoroughly explain his or her recommendations based on the specific details of your case. Your attorney should also have extensive experience settling cases through negotiation and trying cases in court. Another very important factor is for you to feel comfortable with your attorney, and confident that your interests will be a top priority.
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Why should I retain your firm?
Our firm carefully selects its personal injury cases, allowing us to focus more of our substantial resources and expertise on each client. Our attorneys offer the professionalism, integrity and compassion clients deserve. They personally will handle your case from its inception through resolution and will not turn over your case to a paralegal.
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How much will the legal process cost?
We will be happy to provide you with a free, no obligation evaluation of your prospective personal injury claim.
We accept personal injury cases on a contingency fee basis because we understand that families can be ruined, both physically and financially, when a loved one is seriously injured in an accident. Medical bills can mount quickly, and in many instances, the injured family member misses work because of the injuries, causing even greater financial hardship on the family. A contingency fee arrangement allows you and your family to receive assistance at a time you need it most.
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How does mediation work?
The simple purpose of mediation is to provide a means whereby parties to a dispute and their attorneys can sit down and attempt to negotiate a reasonable settlement satisfactory to both parties. Mediation is a relatively straightforward process. A mediator, who is an impartial observer, meets with the parties and their attorneys in a relaxed setting in an effort to promote open communication and a spirit of cooperation. Generally, each party of their attorney will present to the other side and to the mediator their reasoning as to why they feel they should win and their chances of winning or losing. The mediator will then meet with the parties together and by questioning and discussion will assist the parties to fairly and properly evaluate their cases.
Oftentimes, a mediator will then meet with a party and his/her attorney in private to discuss both the good points and the bad points about their case. The mediator will likewise meet with the other side to discuss with them the good points and the bad points of their case. Occasionally, the mediator will meet with the clients personally without their attorneys being present.
By serving as a third party impartial participant in the process, a mediator attempts to get both sides to reach a mutually satisfactory settlement of the case without further time and attorney fee expense being incurred by the parties to the dispute.
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When may I seek mediation?
Mediation can occur at any time during a dispute, which surprises most people. In many instances, mediation can occur and be successful prior to a lawsuit ever being filed. In cases where a lawsuit has been filed, the trial judge may order the parties to attempt mediation as a way of resolving the case prior to trial. Mediation is mandatory in civil cases in many jurisdictions throughout the State of Florida.
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Is mediation mandatory?
No. Mediation is voluntary. The case can only be settled if both parties agree to settle. The parties have complete decision-making power and a veto over each and every provision of any mediated agreement. Nothing can be imposed on the parties by anyone involved in the mediation process.
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Is mediation open to the public?
No. Mediation is confidential. Anything which the parties say to the mediator or to the other side during the mediation process is confidential. That means the parties can never be questioned about statements they may have made to the mediator or during the mediation process.
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Is mediation fair?
Mediation is impartial, neutral, and safe. The mediator has an equal and balanced responsibility to assist each mediating party and cannot favor the interests of any one party over another, nor should the mediator favor a particular result in the mediation. Your mediator is ethically obligated to acknowledge any substantive bias on substantive issues in discussion. The mediator's role is to ensure that parties reach agreements in a voluntarily and informed manner, and not as a result of coercion or intimidation.
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Why should I consider mediation?
Mediation is responsible: Based upon having actively resolved your own conflict, participant satisfaction, likelihood of compliance and self-esteem are found by research to be dramatically elevated through mediation.
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What are the benefits of mediation?
- Mediation promotes economical decisions: Mediation is generally less expensive when contrasted to the expense of litigation.
- Mediation promotes swift settlements: In an era when it may take as long as two (2) years to get a court date, and multiple years if a case is appealed, the mediation alternative often provides a more timely way of resolving disputes. When parties want to get on with business or their lives, mediation may be desirable as a means of producing direct results.
- Mediation promotes mutually beneficial outcomes: Parties are generally more satisfied with solutions that have been mutually agreed upon, as opposed to solutions that are imposed by a third party decision-maker such as a judge or jury.
- Mediation promotes high rates of compliance: Parties who have reached their own agreement in mediation are also generally more likely to follow through and comply with its terms than those whose resolution has been imposed by a third party decision-maker such as a judge or jury.
- Mediation promotes creative, customized settlements: Mediated settlements are able to address both legal and extralegal issues. The parties can tailor their settlement and its terms to their particular situation.
- Mediation promotes control by the parties: Parties who negotiate their own settlements have more control over the outcome of their dispute. Gains and losses are more predictable in a mediated settlement than they would be if a case is arbitrated or brought before a judge or jury.
- Mediation promotes the preservation of an ongoing relationship or termination of a relationship in a more amicable way: Many disputes occur in the context of relationships that will continue over future years. A mediated settlement that addresses all parties' interests can often preserve a working relationship in ways that would not be possible in a win/lose lawsuit. Mediation can also make the termination of a relationship more amicable.
- Mediation promotes decisions that stand the test of time: Mediated settlements tend to hold up over time, and if a later dispute results, the parties are more likely to utilize a cooperative forum of problem-solving to resolve their differences than to pursue an adversarial approach.
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What kinds of cases can be mediated?
Most civil disputes can be mediated, including those involving contracts, leases, small business ownership, employment, and divorce. Mediation can be particularly useful in resolving disputes between neighbors, roommates, spouses, partners or coworkers.
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How long does mediation take?
Typical mediation cases, such as consumer claims, small business disputes, or auto accident claims, are usually resolved after a half day or, at most, a full day of mediation. Cases with multiple parties often last longer. Major business disputes involving large sums of money, complex contracts, or dissolution of a partnership may last several days or longer.
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How does mediation differ from arbitration?
A mediator normally has no authority to render a decision. A mediator simply facilitates an agreement among the parties. An arbitrator conducts a contested hearing between the parties and then, acting as a judge, renders a legally binding decision.
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If you or a loved one has been injured in an accident such as a trucking accident, motorcycle accident, or a car accident, contact the injury law firm of Timothy G. Anderson or call (877) 231-9562 for a free case evaluation.
