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Here in Florida, the airwaves are filled with advertisements for various personal injury law firms all detailing how they will represent you in seeking compensation for your injury.  These injuries can stem from smoke inhalation, to dangerous prescription drugs, to medical malpractice, to (most commonly) auto accidents.  All of these situations and many more result in injuries to people (thus the phrase “personal injury”).  While every case is unique in its origin, investigation and result, there are some basic concepts pertaining to personal injury law that it is a good idea to familiarize yourself with.  Perhaps you have questions and concerns about the process?  We’d like to help you become more comfortable with the whole notion of fighting for what’s rightfully yours in case you’re ever in a situation where you need to do so.

To begin with, many people believe that if they don’t have a surgery to correct their injuries, their claims will be ignored.  This is FALSE.  Sometimes doctors choose not to operate because there is the chance that the surgery could worsen the already painful injury.  Having a surgery is not a prerequisite for receiving compensation, and as such, not having surgery doesn’t mean you won’t receive compensation.  Be aware, too, that even if you don’t think you want to have surgery, but doctors recommend it, you can claim compensation to include the future cost of the operation that the doctors recommend.

Now let’s move to the issue of prior injuries.  Many people think that because they have previously been involved in an auto accident, they are ineligible to be compensated for this accident in which they were the victim of someone else’s negligence.  If the other person was negligent in the accident, you are entitled to compensation! The only issue concerning a prior injury comes into play when determining the effect of the accident. For example, if you had a broken leg and then were hit by a car, the driver of the car can’t be held responsible for that broken leg (but he might be responsible for making it worse if it worsens).

Let’s look at some more technical aspects of personal injury cases.  Though there are always lawyers and court filings involved, only about 5% of personal injury cases actually go to court.  These cases typically involve huge sums of money or highly contentious issues.  Most times, the plaintiff and defendant (via their attorneys) settle before the trial.  This cuts down on legal expenses and makes the process easier (and simpler) for everyone involved.

Let’s end on the most common misconception regarding personal injury cases: the idea that there is a “typical” settlement amount.  There is absolutely no “common” settlement amount.  Every case is different and the factors of each case are different, and this means that the settlement (the value of the case) varies considerably from case to case.  The factors in a given case that affect the value are, but are not limited to:

1.       Amount of medical bills

2.       Loss of past income

3.       Future medical bills

4.       Age

5.       Permanent limitations/injuries

6.       Capacity to earn money, etc.

Remember, this is a guide intended to help you understand the ins and outs of personal injury cases, though it should not stand in lieu of an experienced attorney’s recommendations and opinions.  The attorneys like the ones at the Law Offices of Aronberg and Aronberg, know how to handle all personal injury cases and can cater to your specific case requirements.  If you have any questions about this posting or any other legal matter, please contact us for a free consultation at 561-266-9191 or email us at daronberg@aronberglaw.com.