As personal injury attorneys, we hear this quite often. People often ask why their case may not be moving as fast as they would like, when their friend or neighbor was able to quickly obtain a great recovery after suffering minimal injuries in what they believe to be the same type of accident. To be honest, those types of stories are not always true. When they are, there are usually many other factors involved that warranted whatever outcome was obtained.
The truth is that every personal injury case is different, no matter how similar they may sound. There are different facts surrounding how the accident occurred, different medical treatment, different medical bills and, most importantly, a different insurance adjuster assigned to the claim, even if it is with the same insurance company. In addition, no two people have the same medical history. Now this does not necessarily mean that a similar outcome cannot be achieved, it may just take more time in some cases versus others.
Although no two cases are alike, the success of every case is based on several key factors (assuming no argument as to liability). They are:
1. There Must Be a Discernible Injury
Although this may seem obvious, there are some people who believe that if they are injured to any extent, no matter how minor, that they should be entitled to recover some compensation for their injury. This is not the case. For example, if you were to suffer a mere contusion (bruising) that resolves on its own, you likely don’t have a case to pursue. Not that you didn’t suffer an injury, it’s just that there are really no damages to pursue.
In Florida, the damages recoverable in a personal injury case fall into one of three categories; 1) medical bills (past and future); 2) lost wages (past and loss of future earning capacity); and 3) pain and suffering (past and future). In the example above, there are likely no damages to pursue as the injury isn’t permanent and it likely wouldn’t have prevented you from working.
2. There Must Be Medical Treatment for the Injury
This, too, may seem obvious, but there are many people who have suffered injury who, for some reason, refuse to seek medical treatment. Although arguably these people may still have a claim they can legally pursue, the value of their claim will be significantly reduced (and more than likely eliminated) without medical treatment. Insurance companies analyze claims based largely on diagnosis and treatment. Without this, neither the insurance company or a jury is likely to place much, if any, value on a claim with little to no treatment.
3. You Must Follow Your Doctor’s Recommendations
We’ve written about this many times before, but cannot stress this enough. If you don’t follow your doctor’s recommendations for treatment, the insurance company will not believe your injury is serious. In turn, if the insurance company doesn’t think your injury is serious, then it will not place much value on it. Often times, this is why the resolution of a case stalls. When the insurance company assigns minimal value to a claim, there is little a personal injury attorney can do absent filing a lawsuit, which takes time. Accordingly, the best way to speed up the resolution of your claim is to do everything your doctor recommends. However, there are many cases where a lawsuit will be required no matter what you do.
Consult a Qualified Apollo Beach Personal Injury Attorney
When you’ve been injured in a Florida car accident, it is important that you consult with a qualified Florida personal injury attorney. The attorneys at SouthShore Injury Attorneys have extensive litigation experience and handle only personal injury claims. If you’ve suffered injuries in a Florida car accident, contact SouthShore Injury Attorneys at (813) 419-3866 for a free consultation.
Free Information
If you have questions about your Florida accident case, you can download our Free Reports:
which are available at our website, or you can click the link provided. You can also contact us at (813) 419-3866 to talk directly to an Apollo Beach personal injury attorney now.