The short answer is, “It depends.” There are so many factors that it is almost impossible to give an accurate answer. The first thing it depends on is your health. If you fully recover fairly quickly your case may proceed quickly, too. If you require ongoing treatments, it may take time before the doctors decide you are medically stable, at which point the legal case moves forward. At this point, your attorney will attempt to negotiate for a settlement with the insurance company. Sometimes, this process goes very quickly. Other times, a settlement is not agreed upon within a reasonable period of time, so your attorney will then need to file a personal injury lawsuit. Then it depends on the state where the injury occurred, what the laws are that cover civil law time periods, and additional factors like backlogs in the court systems. It can take quite a long time.

Maybe, but probably not. Most of the time the skilled lawyers at Acadia Law Group are able to settle cases out of court. Sometimes that means even without filing a lawsuit, but other times the filed claim is resolved before the final court date. If your case does make it to court, your case will be presented by an experienced trial attorney to maximize your award.

Not usually. You are most likely to receive what are called compensatory and general damages. This allows you to be compensated for lost wages, medical and other expenses, plus pain and suffering from the injury. Please be sure to consult both your personal injury lawyer and your accountant or other tax preparer to be certain.

It depends. Most personal injury claims are resolved through insurance settlements, and settlement negotiations can take anywhere from a few months to a year or longer. If our lawyers need to take your case to trial in the Florida courts, this can extend the duration of the process as well. While we cannot tell you how long your case will take, what we can tell you is that we will work diligently to achieve a favorable result as quickly as possible.

Yes, if it is possible to do so, and if negotiating a settlement is in your best interests. While we understand that you want to resolve your case quickly, we also know that it is imperative that you not settle for too little too soon. It is ultimately up to you to decide when to settle, but we will let you know if we believe it is in your best interests to proceed toward trial.

When you are injured in an accident that is not your fault, you are entitled to receive financial compensation from the party that is liable for your injuries. You do this by filing a personal injury claim. As a practical matter, most personal injury claims are resolved through settlement negotiations with the liable party’s insurance company. However, some cases go to court, and it is important to choose Florida injury lawyers who are willing to take your case to trial if necessary.

The wrongful death laws vary slightly by state. However, there are basic legal elements that you must prove to be successful when suing for wrongful death. The basic elements of a wrongful death lawsuit are:

• Negligence or Intentional Acts — You must prove that the actions or behaviors of the party were negligent, reckless, or intentional.
• Breach of Duty — The party owed a duty of care to your loved one, and the party breached the duty of care through the party’s acts or behaviors.
• Causation — The party’s negligent or intentional acts or behaviors were a direct or proximate cause of your loved one’s death.
• Damages — You suffered damages because of the death of your loved one.

Depending on the circumstances involved in your case, you could be required to prove additional elements. An experienced wrongful death lawyer will evaluate your claim to determine the legal elements that must be proven to be successful in a wrongful death action.

The damages allowed in a wrongful death lawsuit vary slightly under state laws. However, most states allow family members to receive compensation for pecuniary damages such as funeral expenses, burial expenses, lost wages, and medical expenses from the date of injury until the date of death. In addition, family members may also be compensated for their loss of support, love, comfort, guidance, and companionship. A few states permit victims to receive compensation for pain and suffering damages if the decedent suffered before the death.

Most wrongful death claims are complex and require exhaustive investigations into the circumstances of the death. Because of the investigations, wrongful death claims can take more than a year to settle. If the claim is disputed and a lawsuit must be filed, a wrongful death claim could take several years to settle.

A Utah personal injury claim compensates a person who was injured by another person. The compensation for the claim is paid directly to the victim. A victim in a car accident might receive compensation for medical bills, lost wages, and other damages from the driver who caused the car accident by filing an injury claim. Be sure you know how to file a car accident insurance claim in Utah.

A wrongful death claim is intended to compensate the dependents of a person who was killed because of the negligence or wrongdoing of another party. For example, a person may have suffered an injury in a motorcycle accident Utah, but because this person died, the person’s heirs or decedent’s estate must file the wrongful death claim.

If an heir incurred direct financial loss because of the death of a family member, such as payment of funeral expenses or medical expenses, those heirs typically receive reimbursement for those expenses from the settlement. The remaining compensation is divided between the heirs based on their relationship with the deceased person and their future economic loss based on the level of support the deceased person would have provided to the heir had the person lived. Specific state laws may also dictate how damages are divided among heirs. In some states, a spouse may be entitled to a large portion of the compensation in a wrongful death case. In other states, a spouse and children may share equally in the compensation received for the wrongful death claim.

There are typically two types of categories of damages in a wrongful death lawsuit: financial damages and non-financial damages. Financial damages relate to the out-of-pocket losses related to the death of a family member. For example, the funeral expenses, medical expenses, and loss of financial support may be included in this category. Non-financial losses relate to the loss of companionship, love, support, guidance, and counsel that would have been provided to a person during the lifetime of the deceased.

Punitive damages, a special type of non-financial damage, may be awarded in certain cases in which the defendant’s actions were grossly negligent or willful and wanton. An award of punitive damages is intended to punish a defendant for grossly negligent conduct, such as drunk driving. Punitive damages are not a typical award of damages in most Utah personal injury cases. The requirements for awarding punitive damages vary by state.

While there are exceptions to every rule, wrongful death settlements are typically not considered taxable income. However, you may want to consult with a tax professional or CPA to confirm that you will not incur income taxes on a wrongful death settlement.

A person may be charged with a crime when the person’s actions lead to the death of another person. However, a wrongful death lawsuit is a civil matter that is independent of any criminal case involving the defendant. The laws related to wrongful death cases are different from the laws related to criminal cases, including the burden of proof required to win the case.

It is possible for a defendant to be found not guilty in a criminal case, but to be found liable in a wrongful death lawsuit. However, the outcome of the criminal case could complicate the wrongful death case. An experienced wrongful death attorney can provide a detailed case review, including an analysis of the evidence needed to prove your claim.

A person may be charged with a crime when the person’s actions lead to the death of another person. However, a wrongful death lawsuit is a civil matter that is independent of any criminal case involving the defendant. The laws related to wrongful death cases are different from the laws related to criminal cases, including the burden of proof required to win the case.

It is possible for a defendant to be found not guilty in a criminal case, but to be found liable in a wrongful death lawsuit. However, the outcome of the criminal case could complicate the wrongful death case. An experienced wrongful death attorney can provide a detailed case review, including an analysis of the evidence needed to prove your claim.