Personal Injury FAQs

Over 8 million patients are seen in Florida emergency rooms each year and many more visit physicians, urgent care centers, or clinics due to unexpected injuries or accidents. For some of these patients, serious injuries can lead to fatalities. For others, it means a long road to recovery, including medical bills and loss of income. In fact, unexpected medical expenses are a leading cause of financial distress, which is why many who have been injured seek a legal claim and compensation.

At Flaxman Law Group, we often hear from Florida residents who have been injured and who aren’t sure what to do next. It’s why we have put together this FAQ of the questions we hear most often. If your question isn’t answered here or if you would like more specific information about your own potential case, contact Flaxman Law Group for a free accident consultation.

• What Is a Personal Injury?
• Do All Injuries Lead to Claims?
• What Are the Common Personal Injury Types?
• Who Is Liable?
• How Much Could My Personal Injury Claim Be Worth?
• Why Should I Pursue a Personal Injury Claim?
• How Do I Choose a Personal Injury Lawyer?

Broadly speaking, personal injury refers to a practice of civil law. Personal injury claims are civil claims made by plaintiffs who have been injured and who are seeking compensation for wage loss, medical bills, pain and suffering, incidental costs, and other losses related to their injury.

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Just because you are injured it does not mean you have a claim. To have a legal claim, you must be able to show that your injuries were caused by someone’s negligence and that the action or inaction of the liable party led to your injuries, which caused financial losses.

It is not always easy to tell whether you have a claim. Speaking with a personal injury claims attorney is one way to evaluate whether you have a claim and even how much your claim may be worth.

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Injuries can happen everywhere, and common injuries which lead to claims include:

• Slip and falls
• Injuries caused by unsafe products
• Sports injuries
• School and daycare injuries
• Nursing home and assisted living injuries
• Workplace injuries
• Trip and falls
• Car accident injuries
• Injuries caused by violence
• Boating accident injuries
• Pedestrian accident injuries
• Spinal cord and back injuries
• Traumatic head injury
• Burns
• Pool injuries
• Birth injuries
• Bicycle injuries
• Motorcycle accident injuries
• Truck accident injuries
• Facial injury
• Fractures
• Amputations

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Liability in a personal injury case may hinge on who had a duty of care to the plaintiff and whether that party took all reasonable action to prevent injury. For example, if you are shopping in a store and fall because of a slippery floor, you may have a claim against the property owner because the store owner had a duty to keep the premises safe for customers and failed to clean up a spill.

In some cases, there may be multiple liable parties. For example, in a car accident the other driver may be held liable, but you may also have a claim against the manufacturer of your car if a mechanical failure contributed to the accident. In some cases, juries find the plaintiff partly liable or responsible for injuries, but this can still allow the plaintiff to recover damages for their injuries.

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The amount of compensation you can seek and may be able to secure will generally depend on the injury and the specifics of your case. The more losses, such as wage loss and medical bills, you face the more you may be able to seek. However, there is no guarantee you will be successful in securing that amount or in fact any amount.

To get a sense of the strength of your case and how much financial recovery you can seek, consult with an experienced personal injury attorney. An experienced attorney has seen many similar cases and has a sense of how much a claim may be worth.

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If you have been injured by someone’s negligence you have no obligation to pursue a claim. You may accept an insurance offer for your losses or pay for costs out of pocket. However, many people do decide to seek compensation, in part because the costs of a serious injury are so high. The continued medical costs, incidental expenses, property damage, income loss, and other losses from a serious injury or accident can cause severe financial distress.

There are other reasons to pursue a claim, too. Some plaintiffs want to hold liable parties accountable, sometimes so that liable parties will make changes that reduce the risk of injury for others. For some plaintiffs, a claim is a part of the healing process and a way to seek justice and a sense of closure.

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A personal injury claims attorney can make the process of seeking financial recovery easier, because an experienced attorney can guide you and can take care of many details of the complex claims process. When choosing an attorney, look for an experienced lawyer who has worked on cases similar to yours and has had success both in trial and in negotiations. Look for someone you communicate well with and someone who makes you feel comfortable. You will be working together for months or potentially more than a year, so you want to build a strong working relationship.

Flaxman Law Group is a legal firm with offices in Miami, Homestead, and Hollywood. We serve the entire South Florida area and have recovered more than $100 million for clients already. We bring more than 60 years of combined experience to the table, including extensive trial and negotiation experience. If you have suffered an injury and would like to know whether you have a claim, contact Flaxman Law Group for a free accident consultation. Your initial consultation comes with no obligation; it is a chance to ask questions and to find out about your options so you can make a decision about what to do next based on knowledge.

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