What Misconceptions Do Clients Have About Personal Injury Claims?
Clients have numerous misconceptions about this process, beginning with the idea that, just because you were injured doesn’t mean there’s always a lawsuit and a recovery to be had. The most important thing we have to do during the intake process is to determine whether or not the client has a viable case, which can take time and money to determine; typically, we turn down about three or four out of every 10 cases because there are issues in the case that we believe can’t be dealt with, and we won’t mislead the client into thinking otherwise.
What Would You Advise A Potential Client That is Unable to Work Due To Injuries?
Many clients of our law firm have been unable to return to work due to having to undergo a surgical procedure because of injuries sustained in their accident. When that happens, the Florida Bar doesn’t allow the law firm to advance funds directly to the client, but they can borrow from companies that will lend money and then collect their loan with interest once the lawsuit settles. Again, if the lawsuit doesn’t settle in a positive manner and there is no settlement, then there is no obligation for that client to repay those funds; it’s a risky loan with high interest, and we don’t usually suggest it, but sometimes, a client has no other alternative available to keep a roof over their heads until the case is settled.
If a client can no longer work and it’s permanent, they can file for disability with the government and they can collect for damages under the lawsuit. An individual who can no longer work and provide for their family as a result of the injuries sustained in an accident can file a lawsuit and collect a lot in damages. At our firm, we do everything possible to try and maximize all recoveries not just through government compensation programs, but also by maximizing the civil case.
What Should A Person Do If the Other Party’s Insurance Calls And Asks for a Recorded Statement?
Under no circumstances should an insured potential client ever give a statement to an insurance adjuster after an accident without first consulting with a lawyer. At our firm, when statements are given, they’re given with our consent and we usually participate in the statement process. Whatever information you give to an insurance carrier or adjuster is typically recorded and often, you may not just be feeling all that bad when the statement is recorded, but a week goes by and you develop a lot of knee pain, but what they have is a recording in which you said you weren’t all that bad and they will use that against you at trial. We recommend that no statements be given until you consult with your lawyer first.
This kind of thing happens all the time because the inflammation that comes from being injured in an accident doesn’t necessarily occur immediately and the symptoms don’t always show up right away. Therefore, when you make a statement, it can hurt you because the insurance adjuster will hang on to whatever you say at that moment in time, even though it doesn’t necessarily mean you weren’t injured badly.
Therefore, the statements given to insurance contacts in car accident cases should be done in a controlled fashion, with a firm representative present to advise the client what to answer and what not to answer, and to prepare the client for what we anticipate will be asked. That’s all part of our service when clients come in after a car accident case and they need us to get them whatever they need; our firm deals with all issues, including car repair or replacement, and tries to get payments as quickly as possible.
For more information on Misconceptions About Personal Injury Claims, a free initial consultation is your best next step. Get the information and legal answers you’re seeking by calling (305) 985-7800 today.
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