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If you have been injured in an accident that was caused by the negligent, reckless or intentional actions of another, you may be able to recover damages pursuant to Florida law. Personal injury litigation is a process by which one can secure compensation in such scenarios. For example, if you have been injured in a motor vehicle accident, then suing the defendant may give you access to damages that will compensate you for losses that include medical expenses and quality of life deterioration, among other losses.

Damages Available in an Injury Lawsuit

Depending on the circumstances of your case, you may be entitled to recover a range of damages to account for your various losses. These damages include, but are not necessarily limited, to:

• Medical expenses
• Property losses
• Wage loss
• Loss of earning capacity
• Loss of enjoyment of life
• Emotional distress
• And more

Alternative Dispute Resolution

Laypeople often envision personal injury litigation in the form of expensive, time-consuming and complicated trial litigation. This is generally not indicative of reality, however. The vast majority of lawsuits are resolved through a settlement negotiation process before trial begins. Of course, experienced litigators understand that preparing for trial is key to effectively negotiating a pre-trial resolution — if opposing counsel believes that you have a strong chance of success at trial, they will be more willing to negotiate in a manner that is favorable to your interests.

Alternative dispute resolution comes in many forms. Settlement is an option in most cases, but in some cases (i.e., those involving a contract with provisions related to injury litigation), you may be required to arbitrate the claims before a third-party arbitrator. In other cases, you may be entitled to litigate in a Florida court of law, but only after having processed your claims through an internal, administrative system.

Contingency Fees

Here at Spivey Law, we offer contingency fee arrangements to our personal injury clients. Whether you have substantial funds is therefore irrelevant. Contingency fees allow injured plaintiffs to pursue litigation without having to pay up front. Instead, the client only pays when (and if) they succeed in obtaining compensation for their injuries. In a contingency fee arrangement, the lawyer agrees to accept a fixed percentage of the recovery, which is the amount finally paid to the client. If you win the case, the lawyer's fee comes out of the money awarded to you.

Litigation can be an expensive process, as you may have to retain an expert to give testimony relating to your case, or you may have to invest in other professional services. Contingency fees shift the cost burden to the attorney, which means that you are saved the trouble of having to consider whether to pursue litigation. So long as we take on your case, there’s no reason to avoid litigation!

If you have suffered injuries due to the fault of another person or entity, then Florida law may give you the right to recover damages as compensation for a range of losses. Personal injury litigation is a critical tool that empowers those who have been injured to obtain compensation and thereby hold others accountable. It’s worth consulting (early on) a personal injury lawyer who has a track record of success in negotiating favorable settlements and securing positive verdicts on their clients’ behalf.

Contact Randall Spivey today to connect with an experienced Fort Myers personal injury lawyer at the Spivey Law Firm, Personal Injury Attorneys, P.A. We offer free and confidential consultations to discuss your rights and options under the law. Contact us today.