Yes. If we represent you in your personal injury case, we do not charge any fee upfront. You only pay us if we obtain a settlement or verdict for you. Our fee is a percentage of the amount you receive, so you don’t have to worry about being able to afford quality legal representation when you are injured. Also, we can advance the costs of the lawsuit, such as court filing fees and expert witness fees, so it doesn’t cost you anything out of your pocket to pursue your claim. Our costs are reimbursed from the settlement or verdict we obtain for you.
It could be a car accident on the I-10, a slip and fall in a grocery store, or an injury caused by a defective product—regardless of how you were injured, the steps you take immediately after and in the following days and weeks make a huge impact on your recovery. One of the best things you can do for yourself and your recovery is to speak with an experienced personal injury lawyer. If someone else was to blame for the incident that caused your injury, you are likely entitled to financial compensation for your resulting medical bills, lost wages, pain and suffering, and other damages. An attorney can help you fight for every penny you are worth, even when the insurance company fights back.
At the Law Office of J.J. Talbott, we help injured Floridians fight for the justice they deserve. We understand how a serious injury can put your future income and security at stake. Our goal is to maximize your settlement so that you can get the medical care you need, manage unexpected expenses associated with your injury, and move forward with your life.
Understanding Personal Injury Law
Personal injury is an area of civil law in which victims of negligent and wrongful conduct can take legal action against responsible parties. The individual bringing the claim, known as the “plaintiff,” has the burden of proof. This means that they are the one responsible for proving their case against the other party, known as the “defendant.”
Proving Your Case
To prove your case, you must first establish that someone else (the defendant) is “liable” for the various economic and noneconomic losses you have suffered as a result of your injury, which are collectively known as “damages.” Being liable means that they are legally responsible for paying for your damages.
Generally speaking, to establish liability and prove your case, you must prove each of the following elements:
- Injury: First and foremost, to have a personal injury case, you must prove that you were actually injured. An “injury” can refer to a bodily injury, an illness, or a medical condition.
- Damages: You must also prove that your injury led to measurable damages for which you can be compensated, such as medical bills, lost income, or physical and mental pain and suffering.
- Duty of Care: To establish liability, you will need to prove that the defendant owed you a “duty of care.” This means that they had some legal responsibility to prevent harm, either by taking certain actions, avoiding certain actions, or both.
- Breach: You must also prove that the defendant breached, or failed to uphold, the duty of care. In most personal injury cases, this involves proving that the defendant was somehow negligent or acted wrongfully or unlawfully.
- Causation: Lastly, you must prove “causation.” This simply involves proving that the defendant’s negligent or wrongful conduct was the proximate cause of your injuries and resulting damages.
Your attorney can help you prove your case by putting together relevant evidence, expert testimony, and information supporting your claim. At the Law Office of J.J. Talbott, we handle everything from investigating the claim to communicating with the insurance company so that you do not have to.
Do I Need to Hire a Personal Injury Lawyer?
Short answer – yes!
Longer answer – It is always a good idea to work with an attorney if you were injured in an accident. Generally, plaintiffs who hire personal injury lawyers to represent them have a higher likelihood of settlement, receive higher amounts and are more satisfied (on average) than plaintiffs who attempt to negotiate or recover damages on their own. When you are injured, it is difficult to focus on healing and deal with insurance companies and medical bills at the same time.
The experienced personal injury attorneys at the Law Office Of J.J. Talbott can assist you in getting the medical care you need, help compile your medical records, compute your damages, and work to settle your case, all while you work on getting better. Give a call today to explore your case options at (850) 695-8331">(850) 695-8331.
How Do I Know if I Have a Personal Injury Case?
Simply being injured in an accident does not mean that you have a personal injury case. The experienced personal injury attorneys at the Law Office of J.J. Talbott are able to tell you whether or not you have a claim.
So, How do I Know If I Have an Injury Case?
However, generally, you must be able to prove three things to establish a case:
(1) that another party was negligent,
(2) that their negligence caused your injury, and
(3) that the injury resulted in your damages.
Depending on the facts of your case, proving negligence and causation may be complex, so it is important to consult with an attorney before making any assumptions about your injury case.
How Long Do I Have to File a Personal Injury Lawsuit?
In most cases, the statute of limitations requires that you file your lawsuit within two years of the date of the injury, or else you can be prohibited from recovering from the negligent party. However, this deadline may be longer or shorter depending upon a variety of factors, such as the type of negligence (medical malpractice, birth injury, product defect), the age of the victim (minor, adult), and the status of the defendant (public entity, private person).
Two years may seem like a long time, but it can pass by quickly while you are busy with the aftermath of a serious personal injury, such as concentrating on your physical recovery; dealing with insurance forms, doctor and hospital bills, and other paperwork; and getting back to work or collecting disability. If you are talking to the insurance company about a settlement, these negotiations can drag on past the deadline for you to file a lawsuit if you are not careful, which can be disastrous to your case.
Contacting an attorney soon after the accident will help ensure that the statute of limitations will not be overlooked, as well as handling other important matters such as notifying your insurance company in a timely fashion. Also, your lawyer will get started right away gathering important evidence and preparing your case for the best result either through settlement or verdict.
How Much Does It Cost to Hire a Personal Injury Lawyer?
The cost to hire a personal injury lawyer can vary between cases and firms. Many Personal Injury attorneys charge different amounts based on location and the firms’ history.
However, many lawyers, like the Law Office of J.J. Talbott, charge on a contingency fee basis. What this means is that there are no fees or costs to hire a personal injury lawyer unless you recover a settlement. Then, the attorney fee is based on a percentage of that settlement. In Florida, the maximum contingency fee in a personal injury case is 1/3 of the recovery, pre-suit. If a lawsuit is filed, then the fee increases to 40% of the recovery amount.
Do You Take Cases on a Contingency Fee Basis?
Should I Provide a Statement to an Insurance Company Without Legal Help?
The attorneys at the Law Office of J.J. Talbott believe that you should NEVER make any sort of statement to an insurance company before you consult an attorney.
Often, the insurance company will contact you soon after the accident to ask you questions about the accident and your injuries. While you may think that the issues are straightforward, the issues may not be apparent. The insurance company may be seeking information so that they can deny or limit your claim.
Speaking with a personal injury lawyer at the Law Office of J.J. Talbott before you give a recorded statement can help protect your rights as we have the experience to identify the relevant issues in your case and help prepare you for the recorded statement. Additionally, we will be there by your side during the recorded statement to help assure that the insurance company does not ask any inappropriate questions.
Should I Settle My Case Pre-suit, or Should We Go to Court?
The decision of whether to settle a personal injury case pre-suit or whether to file a complaint should not be decided quickly but should be based on an evaluation of numerous factors. Some attorneys may tell you that you can get a larger total settlement if they file suit but is it really in your best interest to file suit?
For example, in a personal injury case, if you file a suit:
1) The attorney’s fee increases after you file suit to 40%.
2) Your cost increases after you file suit (filing fee, depositions, mediations, etc).
3) After you file a suit, you will have to sit for a deposition. This will require you to take off from work in order to attend as they typically run several hours long;
4) You will have to continue to go to the doctor to substantiate any claims for future medicals (which will increase doctor liens or subrogation amounts claimed by your health insurance company).
5) Your case will continue unsettled for a year or more.
6) The insurance company will thoroughly examine your medical and employment background.
7) You could always settle and end up with less money. At the Law Office of JJ Talbott, we aggressively fight for our clients both pre-suit and once a suit has been filed.
When Should I Settle a Personal Injury Case?
We believe that the decision of whether to file suit should be based on an evaluation of many factors and not just whether you can settle for more money. If you have questions about your case, call the personal injury attorneys at the Law Office of J.J. Talbott for your free consultation.
Types of Damages You Can Seek in Your Personal Injury Case
In addition to holding the negligent party accountable, the primary purpose of filing a personal injury lawsuit is to recover compensation for your damages, or the losses you have suffered due to your injury.
There are two main types of damages in personal injury cases:
- Compensatory Damages: As the name suggests, compensatory damages are meant to compensate you for specific losses.
- Punitive Damages: Rather than compensate you for specific losses, punitive damages are intended to punish the defendant.
It is more common to recover compensatory damages than punitive damages, which are generally only awarded in cases involving egregious or gross negligence, misconduct, or willful/wanton disregard for the safety of others.
There are two types of compensatory damages:
- Economic: Economic damages are those that have a set dollar amount or value associated with them, such as medical expenses and lost income.
- Noneconomic: Noneconomic damages do not have a set dollar amount or value but, instead, are intangible in nature.
After suffering a serious accident or injury, you face more than just immediate physical and financial hardships; you also face significant and ongoing challenges that can affect you well into the future. When seeking a settlement from the insurance company, you must not only consider your current difficulties but also your future needs.
Unfortunately, the insurance company is not on your side. Even when it comes to paying a fair amount for your current losses, the insurance company will often try to lowball you—and they will rarely consider your future physical, emotional, and financial needs unless forced. Because of this, it is absolutely critical that you work with a personal injury lawyer who has your best interests at heart.
At the Law Office of J.J. Talbott, we truly care about the people we serve. We want to help you obtain a fair recovery so that you can get back on your feet. Our Pensacola personal injury lawyers are aggressive in advocating for their clients’ rights—we are not afraid to take on the insurance company, and we know how to win. You can trust us to be by your side every step of the way, fighting for you and seeking to hold the liable party accountable for the harm they have caused you and your family.
We help clients throughout Florida and in Alabama with all types of personal injury matters, including claims involving:
We also help those who were injured at work or suffered occupational illnesses fight for fair workers’ compensation benefits. If you have been temporarily or permanently disabled due to your injuries, we can also assist you in seeking Social Security Disability benefits.
Regardless of the complexity of your case, the Law Office of J.J. Talbott is ready to fight for you. We are passionate about seeking justice on behalf of everyday people who have had their lives forever changed by the negligence of others. To date, we have secured more than $100 million in settlements and verdicts for our clients. Our seasoned trial lawyers are not afraid of going to court if that is what it takes to ensure that you receive the full, fair amount you are owed.
A Lawyer Who Cares
Whether you’re one of the 250,000+ Floridians injured in an auto accident each year, or you’ve suffered an injury at work and your employer’s insurance company is not co-operating, the Law Office of J.J. Talbott can help get you the compensation you deserve. Founder, J.J. Talbott is among the 1% of trial lawyers in the United States who have won multi-million dollar verdicts and settlements.Meet J.J. Talbott
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