Starting a Personal Injury Claim

Do you have questions about starting a personal injury claim? Contact our Brevard County office to schedule a free consultation.

Personal Injury Claim Fees

Starting a Personal Injury Claim Normally, if you have a personal injury lawsuit, the attorney that’s representing you will work on a contingency fee basis. This means that he or she will get a percentage of whatever they collect for you. Normally, in Florida, the percentage totals a third of the gross recovery, if the case is resolved pre-suit, and 40 percent, if the case is resolved or tried to a verdict.

Personal Injury Claim Trial

That answer depends on a number of factors. A lot of times, cases will resolve without having to file a lawsuit and won’t even get to trial. The ones that ultimately do require a trial take longer, naturally, because it takes longer for the case to make its way through the system. There’s a lot of work that has to be done to get the case ready to be tried – depositions, medical examinations, mediation, and hearings. Timelines can also vary from county to county, with a case taking longer in one county and much less time in another. There’s no hard and fast timeline for cases that go to trial. The good news is that 75 to 80 percent of Florida cases will settle or resolve short of litigation.

Personal Injury Consultation

It is important to bring a number of things with you when you come to an attorney’s office for a consultation on a personal injury case. These include any insurance policies that might be applicable to the accident or the loss, as well as crash or incident reports. You will also want to bring any medical records that you might have or medical bills, along with any letters or correspondence from insurance companies that you might have been dealing with prior to the consultation. Lastly, if you have any photographs of the area where the accident occurred, the scene of the accident or of your injuries, bring those to your initial consultation with your attorney, as well.

Personal Injury Examination Request

One of the duties you have under your auto policy is to cooperate with your insurance company. As part of this cooperation, if your insurance company asks you to submit to an examination under oath – also known as an EUO – you must submit to that examination under oath. I would never go to an examination under oath, however, unless you were accompanied by an attorney. Consult with an attorney so that he or she can accompany you to this examination under oath, if one is requested.


Were you or a loved one seriously injured in an accident in Florida and have questions about starting a personal injury claim?
Contact our experienced Brevard County personal injury lawyers at Layman Law Firm to schedule a free, confidential consultation.
Let our experience work for you.

Subscribe to Our YouTube Channel