Richard F. Hussey PA.

Call Now For An Assessment Of Your Needs

(954) 900-9575
Richard F. Hussey PA.

The severity of an injury usually can determine the likelihood of a larger settlement. However, you also have to factor in whether there is complete liability on the other side or whether there is comparative negligence. If there’s comparative negligence, then your recovery would be reduced by the percentage of fault attributed to you.

What Factors Do You Consider In Deciding Whether To Settle Or To Litigate A Personal Injury Case?

The factor I always look at when deciding whether to settle or litigate a personal injury case is what’s the likely outcome if we present these facts in front of six jurors. However, you never know who those six jurors are going to be and what they’re going to decide. I ask myself: If I tried this case 10 times in front of 10 different juries, what’s the range of possible outcomes that would occur? Then, I use that range to advise the client of where their case is most likely to be decided by a jury. Of course, you never know for certain what the likely outcome would be. After evaluating the case in light of a likely award by a jury, I recommend accepting a settlement that is within the range of a likely jury decision. If you are not able to get an offer within that range, then you might as well roll the dice and let the jury decide.

Can I Even Afford An Experienced Personal Injury Attorney?

Yes, you can afford an experienced personal injury attorney. Almost all personal injury attorneys work on a contingency fee basis. That means that they don’t receive a fee unless there’s a recovery, and their fee is a percentage of the recovery. In other words, you’re not going to be paying out attorney’s fees. However, you will be responsible for costs. Costs are the expenses that have to be paid out to others, such as to obtain medical records and billing statements, which are nominal. Additionally, if you do file a suit, you have to pay a filing fee to the clerk and a process server to serve the lawsuit. Ultimately, you may have to pay court reporters for depositions and expert witnesses to testify.  Most experienced attorneys will advance those costs and get reimbursed at the end of the case from the settlement or the judgment. Therefore, anyone can afford an experienced attorney.

What Steps Should I Take If I Have Been Injured In An Auto Accident And The Other Driver Is At Fault?

If you have been injured in an auto accident and the other driver is at fault, you should identify any witnesses that may have seen what happened. You will want to get their names, phone numbers, and addresses if possible. You should also take photographs of the scene, of the vehicles involved in the collision, and contact an attorney so that you are guided through the process and not taken advantage of by the other side’s insurance company. It’s important to identify the sort of insurance the other driver has and if it’s insufficient, you will want to find out whether you have uninsured motorist coverage. Uninsured motorist coverage is also underinsured motorist coverage. In other words, if the other driver has insufficient coverage to pay the damages you sustain in the collision, then you can tap into your uninsured motorist policy for the difference. This also applies if the other driver is not insured.

Do I Have Any Chance Of A Financial Recovery If I Am Partially At Fault For The Accident?

If you are partially at fault for the accident, you do have a chance of a financial recovery. Florida is a comparative negligence state. Comparative negligence means that anybody who’s responsible for causing the collision can be deemed to be at fault, and a jury can determine the comparative negligence of each side anywhere from zero to 100. Thus, you could be found 50% at fault, 10% at fault, 90% at fault, or any other at fault percentage. That means that whatever the damages are that the jury awards, your recovery would be reduced by the amount of your comparative negligence. In other words, let’s say the jury awards you $100,000 and they find that you’re 10% at fault, then you’d recover $90,000.

Should I Notify My Insurance Company Of An Auto Accident?

Yes, you should inform your insurance company as soon as possible, or if you get a lawyer, have your lawyer contact them. It’s better if you get your lawyer to contact them on your behalf because he or she will find out the kind of coverage that exists and know how to do that properly. A lawyer can be in contact with the adjuster and let them know that they have to go through the attorney as opposed to you. This way the insurance company will not take advantage of you.

What Can I Recover If The At Fault Driver Has Little Or No Insurance?

What you can recover if the at fault driver has little or no insurance will depend upon whether you have uninsured motorist coverage. If you do, then your uninsured motorist coverage will pay for your damages. Think of it as if your uninsured motorist coverage insures the other driver. If you don’t have uninsured motorist coverage, then you’re left with verifying whether or not the other driver or vehicle owner has sufficient assets to collect on a prospective judgment. Typically, if they can’t afford insurance, they usually don’t have the assets that would satisfy a judgment. Therefore, if you are injured by a driver who has no insurance, and you have no uninsured motorist coverage, typically you’re not going to be able to recover anything other than your PIP benefits.

For more information on Severe Injury For A Larger PI Settlement, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 900-9575 today.

Richard F. Hussey PA.

Call Now For An Assessment Of Your Needs
(954) 900-9575