FAQ: Personal Injury

Common Questions About Injury Claims

Have you or a loved one been injured because of someone else's negligence or carelessness? If so, you owe it to yourself to seek full compensation for your injuries and financial hardship during this difficult time. At High Stack Gordon Kirby, we provide assertive legal advocacy for personal injury victims all throughout the state of Florida, at an affordable price.

We have been serving Brevard County for over 50 years now and we have accomplished great victories for our clients and recovered millions of dollars in compensation over the years. Our attorneys are experienced in civil trial law and they provide unparalleled legal counsel that you can trust. At the firm, our goal is to help you make informed decisions and achieve positive results.

Here are some answers to frequently asked questions, if you have any further questions or concerns about your injury claim, please not hesitate to schedule a free consultation with us today.

Q: What is the statute of limitations in Florida?
Q: How will the court determine the amount of my claim?
Q: If the insurance company asks for my recorded statement, should I comply?
Q: If liability is clearly on the other party, will the insurance company repair my car right away?
Q: If I was partially liable for the accident, will I still receive restitution for my injuries?
Q: How long could it take for my personal injury case to resolve?
Q: What happens if the person liable for my injuries does not have health insurance?
Q: How will I pay for legal representation?

What is the Statute of Limitations in Florida?

In every state there is a specified time period in which you can file a valid claim for compensation or seeking remedy for wrongful conduct of any kind. In the state of Florida, you are given a four year time limit from the time of your accident to file your personal injury claim or lawsuit. There are however, certain exceptions for this rule that will grant additional time, including the people who were not aware of their injury right away.

How Will the Court Determine the Amount of My Claim?

When calculating the compensation award, the court will take several factors into consideration. They will look at the severity of your injuries, your acquired medical costs, cost of continuing treatment and other future expenses, your loss of income, your pain and suffering and your ability to earn income in the future. They will also look at the liability, who was at fault for the accident. If you were partially to blame for your injuries, they may factor that in and take it out of your awarded restitution. By having a qualified and experienced attorney, you may be able to maximize your claim amount by proving severe financial hardship, mental and physical anguish and full liability of the other party. Speak with our legal team today to learn the amount that your claim could be worth.

If the Insurance Company Asks for My Recorded Statement, Should I Comply?

As experienced legal counselors, we encourage you to refrain from giving any formal recorded statements for your own benefit and protection. By giving the insurance companies your description of the accident, you are held to that story and if you were to change the details in any way they could see that as a conflict and undermine your testimony. They could also take statements and twist the meaning around to make it seem you were partially at fault and use your own words against you in court. We urge you to contact our attorneys before speaking with your insurance company so you can learn about all of your legal options.

If Liability is Clearly on the Other Party, Will the Insurance Company Repair My Car Right Away?

The answer is almost always yes. If we have established and proven that the other party is fully liable for your injuries, then the insurance will normally pay for repairs right away and your car can be fixed while you are still undergoing medical treatment. While your car is at the mechanic, the insurance should pay for a rental car for your temporary form of transportation. If you should waive this gesture and refuse the car rental, then they will pay you for the "loss of use" that you are experiencing with your own car. These payments normally equal out to the amount that the rental car would have cost for the allotted period of time until your car is repaired.

If I Was Partially Liable for the Accident, Will I Still Receive Restitution for My Injuries?

Normally the way it works is they will adjust your compensation award based on the level of liability. The other party however, should be mostly at fault and not the other way around. If their liability is greater than yours, then it is usually safe to say that you will receive restitution of some magnitude.

How Long Could it Take for My Personal Injury Case to Resolve?

Typically, the more severe the injuries are, the longer the case will take to conclude. If you were involved in a simple fender bender accident and walked away with minimal injury, then your case could take only a month or two. If you sustained permanent or severe injury, it could take anywhere from one to two years.

What Happens if the Person Liable for My Injuries Does Not Have Health Insurance?

If the party responsible for your injuries does not have enough insurance or has no insurance coverage whatsoever, then you can first try and go after their assets. If they do not have enough assets to pay for the amount of damages then you search for umbrella or excess insurance policies. If they were employed at the time of the accident then their employer may be found responsible. Obtaining compensation from underinsured or uninsured parties is not impossible, it may make our job more difficult but we are more than capable. You may also be able to retrieve compensation through your own insurance company if you carry uninsured motorist coverage. At High Stack Gordon Kirbywe are intimately familiar with personal injury law and there are many times we recover compensation that is above the policy limits. We are driven to produce results and we will find a way to recover the amount of restitution that you deserve.

How Will I Pay for Legal Representation?

At our firm, we don't want you to worry about legal fees if your case is not successful, so we work off of a contingency fee basis. This means that unless we win, you will not have to spend a penny out of pocket. If we lose we simply don't get paid. If we recover compensation however, our attorney fees will be deducted from the settlement award.