ForThePeople.com

Representing the People,
Not the Powerful
148 South Ridgewood Avenue
Daytona Beach, FL 32114 | (386) 947-9959
ForThePeople.com
877 - 667 - 4265
ATTORNEY ADVERTISING: Prior results do not gurantee or predict a similar outcome with respect to any future matter.
The Essential Guide to a
Successful Personal Injury Lawsuit
Prepared by Morgan & Morgan
Sustaining an injury that resulted from the conduct of another is frustrating and
potentially life altering. Many people can’t afford to pay for medical bills and
repairs on top of normal expenses, especially if an injury affects a person’s
ability to work. This is when the insurance you’ve been paying for all these
years is supposed to finally become useful.
However, if you file your claim with the insurance company by yourself, you are
in for a complex and exasperating process. Your claim will vary depending on
the state you live in, and the type of accident you were in. If you manage to
file the claim correctly, you will then have to spend time collecting evidence to
support it. After that, you will speak with a pushy insurance agent who will try
and take advantage of your emotional, physical, and financial state to get you
to accept an inadequate settlement.
After dealing with the insurance company yourself, you might wonder if you
should have hired a lawyer in the first place. However, you may have questions
about hiring an attorney, like:
When do I need an attorney?
How will an attorney help me?
How much does an attorney cost?
Is it worth hiring an attorney?
If I hire an attorney do I have to do anything?
Do I need to bring anything to my consultation?
In this document we will aim to answer your questions about hiring an attorney
after a personal injury incident. You will also find out the situations in which you
would need an attorney the most, as well as what your attorney will need from
you in order to make the best effort to recover the compensation you deserve.
Situations That May Require A Personal Injury Attorney
When the Circumstances Are Complex
Not every insurance claim that you make will be best served by hiring an
attorney. However, if you decide not to hire an attorney, you may still get
compensation you are entitled to, but you will have to put in your own time and
effort to get it. Even if you do obtain compensation, it might not be as much as
you could have secured with the help of an advocate.
ForThePeople.com
“Representing the People, Not the Powerful”
1
The Essential Guide to a
Successful Personal Injury Lawsuit
Prepared by Morgan & Morgan
Filing an insurance claim on your own involves taking time out of your day to
pore over complex laws and gather evidence to prove you deserve every cent
of your claim. After various kinds of accidents, you may need time to recover
from your injuries or just find a new way to get to work. Therefore, you may not
have the requisite amount of time needed to file an insurance claim, and deal
with all that process entails. Making even one mistake during this process could
give the insurance company grounds to dismiss your claim entirely based on a
technicality.
When You’re Seriously Injured
Another situation where you may want to hire an attorney is when you are in
an accident and sustain a serious injury. When you sustain a serious injury you
are generally entitled to more compensation than if you suffered a minor injury,
but the insurance company will want to pay you as little as possible. Hiring an
attorney might be the difference between being properly compensated for your
claim and drowning in debt from medical or repair bills.
In the event you sustain a serious injury, there are a few factors that will
determine the compensation you receive. The insurance company will consider
factors, such as where you sustained the injuries and the length of your hospital
stay, but if your injury is severe enough, you may be entitled to more than just
compensation for medical expenses. Depending on the severity of your injury,
you could be eligible to receive compensation for your lost wages, decreased
earning potential, and pain and suffering.
However, not everyone knows that they are entitled to all of these damages
or how to calculate them. Medical bills or lost wages are calculated simply by
adding them up, while damages for pain and suffering have no clearly defined
way to be calculated. A lawyer with previous experience calculating damages
for pain and suffering will know the right amount to ask for so you get maximum
compensation for your claim.
When There’s a Dispute Over Liability
When you are injured and liability is disputed, you may want to hire an attorney.
This is common in car accident cases that happen in states with at-fault or
“tort” laws. However, other cases, like slip-and-falls and dog bites, also hinge
on proving liability. In those cases, the property or dog owner must be shown
to be at fault in order to be held liable for your injuries.
ForThePeople.com
“Representing the People, Not the Powerful”
2
The Essential Guide to a
Successful Personal Injury Lawsuit
Prepared by Morgan & Morgan
When liability is disputed, the other party’s insurance company will not only refuse
to compensate you for your damages but may even try and prove you were the
one at fault. Hiring an experienced attorney will help you get the compensation
you deserve, and prevent you from getting blamed for something you didn’t do.
When There’s Medical Malpractice
Cases involving severe injury or disputed liability are not the only situations you
don’t want to delay reaching out to an attorney. Medical malpractice cases
are some of the most difficult personal injury cases to handle, because of
the intersection of law and medicine, and will likely require an attorney with
experience handling medical malpractice cases.
Medical malpractice occurs when a healthcare professional provides treatment
below the accepted standard of care in the medical community, putting the
patient at risk of injury and death. In order to prove medical malpractice, your
attorney must be able to decipher medical documents and prove that your
healthcare provider failed to act where others with similar training would have.
Still, even when the practice area doesn’t seem particularly complex, when
liability is clear, and no severe injuries occurred, it may still be in your best interest
to hire an attorney. Although insurance companies may try and take advantage
of you, they will know not to play games with an experienced attorney.
When Is It “Worth It” to Hire an Attorney?
Prior to hiring a personal injury lawyer, each person involved in an accident must
ask themselves, “is it worth it?” If you hire an attorney to handle your claim, you
will have to pay the attorney fee and any expenses your lawyer incurs while
obtaining medical records, police reports, or other documents relevant to your
claim. Therefore, for small claims where you weren’t injured, hiring an attorney
might not be necessary.
However, when you are involved in an accident that requires an extended
hospital stay, frequent visits to the doctor, missing work, or involved extensive
property damage, you may be entitled to a far larger paycheck. Yet, the
more compensation you may be entitled to, the more reluctant the insurance
company will be to pay you. Under these circumstances, in order to maximize
your compensation, it may be in your interest to hire an attorney who only gets
paid when you do.
ForThePeople.com
“Representing the People, Not the Powerful”
3
The Essential Guide to a
Successful Personal Injury Lawsuit
Prepared by Morgan & Morgan
You Dont Pay Unless Your Attorney Wins
Most personal injury lawyers work on a contingency-fee basis, meaning they
only get paid if they win your case. Typically, a personal injury lawyer will receive
a reasonable percentage of your settlement or jury verdict.
Despite how contingency fees are supposed to unite your interests with your
attorney’s interests, this is not always the case. Some firms or attorneys may
only work to get you a settlement offer, limiting your ability to get maximum
compensation for your claim. In order to avoid this, ask your prospective
attorney about how many cases they have taken to trial and how they have
fared in those cases. This will let you know if you are hiring an attorney who
is just looking to settle, or an attorney who is willing fight for you using all the
options at their disposal to get you maximum compensation.
Morgan & Morgan is the type of law firm that will alway try to get you maximum
compensation and our staff of experienced trial attorneys proves it. We could
hire deal makers who quickly settle with insurance companies at the first sign
of a decent offer, but instead, we hire experienced trial attorneys who will know
how to prepare for trial if you don’t get the settlement offer that you deserve.
Although it is important to be sure that your attorney has your best interests in
mind, no attorney will be able to get you a good settlement offer unless you do
your part first. In the wake of an accident there are certain steps we recommend
everyone take to ensure their insurance claim is as successful as possible.
Post-Accident Checklist to Help You Prepare for
Your Lawsuit
That period after you’re injured in an accident can be whirlwind of expectations,
emotions and, of course, paperwork and phone calls. However, this point in
time is also one of the most important if you later decide to file a lawsuit.
Completing the following steps will ensure that you can have the best case
possible, should you decide to pursue legal action.
Document Everything at the Scene of the Accident
If you were in a car accident, take pictures of your vehicle. If you were in a
slip-and-fall accident, take pictures of the spill that caused your fall and of any
ForThePeople.com
“Representing the People, Not the Powerful”
4
The Essential
Guide to Winning Your Personal Injury Case
Prepared by Morgan & Morgan
signs in the area that may have warned of the spill. In any event, take down the
date and location of where the accident occurred, and the names and contact
information of any witnesses. If there is a dispute later about your accident
claims, you’ll be happy you meticulously documented the scene of the accident.
Go to the Doctor and Follow Their Instructions
Very often injuries that occur during an accident don’t manifest themselves
until hours, days, and sometimes weeks later. However, if you don’t have a
detailed medical evaluation it could be difficult to prove your injuries. On top
of getting evaluated, we recommend strictly following the doctor’s orders after
the evaluation. Missing a follow-up appointment or a physical therapy session
could be used against you later to show that you’re not as injured as you say
you are.
Contact Your Insurance Company
Although not every personal injury case involves making a claim with an insurance
company, many do. For instance, if you were involved in a car accident or a
slip-and-fall incident, you don’t want to wait too long to contact the insurance
company and file a claim. You can hire a lawyer at any point during the claim
process, but there is always a statute of limitations for how long you have to file
a claim. Each state is different, so be sure to check the statute of limitations for
filing a claim in your state.
Keep Track of All Evidence of Loss
If you sustain injuries or property damage during an accident, you will be on the
hook for repair and medical bills you didn’t plan for. However, if the accident
wasn’t your fault you shouldn’t be responsible for expenses related to it. That
means that if you don’t keep track of all those expenses, you may not get
compensated for them. Make sure to keep all your receipts to ensure you don’t
get stuck paying for something you shouldn’t have to.
Keep a Journal of Pain and Suffering
In the most severe accidents, additional damages may be awarded for pain
and suffering in addition to tangible losses like medical bills and lost wages.
However, there is no definitive way to calculate this sort of damage, so keeping
a journal of how your injuries affect your daily activities and relationships may
help quantify the extent of your pain and suffering.
ForThePeople.com
“Representing the People, Not the Powerful”
5
The Essential Guide to a
Successful Personal Injury Lawsuit
Prepared by Morgan & Morgan
Don’t Lie
It’s important to remember that filing a claim with an insurance company is not
meant to be profitable. Instead, it is meant to provide you with compensation
for losses you incurred because of an unexpected accident.
Insurance companies have experience dealing with scammers and may even
hire a private investigator to follow you and make sure you’re as injured as you
claim to be. If you get caught lying, you could put the compensation you’re
legitimately entitled to at risk and end up with nothing.
What Should I Bring to My Consultation?
Although hiring an attorney to handle your claim seems like the ultimate recipe
for success, your attorney will have a difficult time fighting on your behalf without
the proper evidence. When you meet your attorney at your consultation, there
are certain documents and information you should bring that will support
your claim.
Providing this information during your consultation will save you money on
billable hours and expedite the claim process. The following is a checklist
of the most important documents and information to have on hand for your
consultation.
Pictures or Video of the Accident
This is most applicable in cases where property damage also occurred, like in
a car accident. However, if you slip and fall and are injured, security camera
footage may be valuable to your attorney when they compile your case.
Although you may not have access to this footage, your attorney may be able
to acquire it if they know the location of your accident.
Accident/Police Report
Although a police report is for the police, you are entitled to a copy for your own
records. Bring this copy when you first consult your attorney, as this is the
official report of what transpired.
Medical Records
Medical bills can add up quickly if you were injured in an accident, and it is
important your lawyer knows exactly what is wrong with you and how much it
will cost to fix it. This will help your attorney support your claim for compensation.
ForThePeople.com
“Representing the People, Not the Powerful”
6
The Essential Guide to a
Successful Personal Injury Lawsuit
Prepared by Morgan & Morgan
Invoices for Repair Estimates
Similar to medical bills, repair costs to damaged property, like your car, can add
up quickly. Presenting your attorney with estimates from your preferred body
shop will let them know how much to ask the insurance company for.
Statements from Third Party witnesses or Their Contact Information
(when applicable)
Although there should be the official accident report, eye witness testimony can
be very important if the official report doesn’t corroborate your story. If you are
able, get the contact information from any witnesses of the accident so your
lawyer can interview them later.
Information of Other Party Involved in Accident (when applicable)
If your accident involves another person, it is essential that you exchange
information. If you don’t know who the person was or who their insurance
company is, it will be difficult to hold someone accountable if you sustained an
injury or property damage as a result of the accident.
Information About Anyone You Spoke With at the Insurance Company
If you spoke with someone at the insurance company before you contacted an
attorney, make sure to get their contact information. Your attorney will want to
speak with that person or people to find out exactly what you told them and
how that may affect your claim
Pay Stubs and Dates You’ve Missed Work (when applicable)
If you are injured in an accident and will miss work as a result, you are entitled to
compensation for lost wages. Bringing pay stubs and keeping track of the days
you have missed will give your attorney the ability to more precisely calculate
how much in lost wages you’re entitled to.
A Copy of Your Insurance Policy (When Applicable)
Not all insurance policies are created equal, and a copy of your policy will
provide a guideline for your attorney about how to proceed with your claim. If
you don’t know what your insurance policy covers, be sure to bring a copy to
your consultation.
ForThePeople.com
“Representing the People, Not the Powerful”
7
The Essential Guide to a
Successful Personal Injury Lawsuit
Prepared by Morgan & Morgan
Meet Our Managing Partner, Susan Tolbert
Susan Tolbert is a partner in Morgan & Morgan’s
office in Daytona Beach, Florida. Susan has
practiced law in Florida since 1986, and has
narrowed her practice to personal injury, focusing
on motor vehicle and motorcycle collisions,
premises liability and general negligence claims,
as well as insurance disputes. Susan practiced
in Orange County from 1986 to 1990, and since
that time has practiced almost exclusively in
Volusia County.
Susan obtained her undergraduate degree
from Syracuse University in New York before
attending Cumberland School of Law at
Samford University in Birmingham, Alabama.
She graduated law school in 1986 and was admitted to the Florida Bar that
same year. She is also admitted to practice in the United States District Court
for the Middle District of Florida.
Susan holds memberships in the Florida Bar Association, American Bar
Association, and Florida Justice Association. Susan also holds the special
honor of being ranked as a Master of the Bench in the Dunn Blount Chapter of
the American Inns of Court.
Susan and the rest of the firm look forward to learning how they can help you
with your claim.
To get started, please call or visit:
ForThePeople.com
877-667-4265
148 South Ridgewood Avenue
Daytona Beach, FL 32114
(386) 947-9959
ATTORNEY ADVERTISING: Prior results do not gurantee or predict a similar outcome with respect to any future matter.
ForThePeople.com
“Representing the People, Not the Powerful”
8
The Essential
Guide to Winning Your Personal Injury Case
Prepared by Morgan & Morgan
*Print this check list to get started
Post-Accident Checklist
Completing the following steps will ensure that you can have the best case
possible, should you decide to pursue legal action. See page 4-5 for details
 Photograph/ Document of Scene of the Accident
 Get Doctor Evaluation
 File Claim with Insurance company
 Save Accident Expense Receipts/ Evidence of Loss
 Record a Journal of Pain and Suffering
 Don’t Lie
Consultation Checklist
The following is a checklist of the most important documents and information
to have on hand for your consultation. See page 6-7 for details
 Pictures or Video of the Accident
 Accident/Police Report
 Medical Records
 Invoices for Repair Estimates
 Statements from Third Party witnesses or Their Contact Information (when applicable)
 Information of Other Party Involved in Accident (when applicable)
 Information About Anyone You Spoke with at the Insurance Company
 Pay Stubs and Dates You’ve Missed Work (when applicable)
 A Copy of Your Insurance Policy (when applicable)
ForThePeople.com
“Representing the People, Not the Powerful”
9