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What Should You Expect From Your Personal Injury Attorney?

What Should You Expect From Your Personal Injury Attorney?
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Last Updated: January 29, 2025

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You have a pretty good idea of what to expect from your physician and even your auto mechanic. Their duties are pretty straightforward. However things can be  different when talking about personal injury lawyers. 


Personal injury law is extremely broad, making it tough to know what to expect from an accident attorney. We’re looking at the essential duties of a Florida injury lawyer. This way you have a better idea of what to expect and if the attorney is the best choice for your personal injury claim.


What Are the Duties of an Accident Attorney in Florida?

Even though we’re focusing on personal injury attorneys in Florida, the duties are basically the same regardless of the state your accident occurs. With that being said, here’s a look at what you should expect from your injury lawyer.


Provide an Explanation of the Legal Process

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Have you ever filed an accident claim in the Sunshine State? If so, you know it’s rarely as easy as filling out an insurance claim form. You’re trying to navigate various state laws and it can easily get confusing. There’s the statute of limitations to keep in mind. Florida typically gives accident victims two years to file a claim. The clock starts ticking the day your accident occurred.


Some states also have one or more insurance rules to wade through, Florida has two. Not only is Florida a no-fault insurance state, but it also follows modified comparative negligence rules. Yep, this even sounds confusing to navigate.


Your attorney will help you file a no-fault claim with your insurance company. They’ll also explain there’s a good chance you’re going to have damages left over. Even if you have a full coverage policy, your personal injury protection (PIP) insurance typically only covers 80% of your medical expenses and lost wages. 


The policy’s cap also impacts settlement amounts so you may not even have 80% of your damages covered. This means filing an accident claim against the at-fault driver for your remaining damages, and your attorney’s duties extend to helping you calculate your remaining damages.


You’re probably going to find yourself dealing with comparative negligence rules. This insurance rule allows for more than one party to be liable for the same accident. Everyone involved is assessed a percentage of fault. You can still file an injury claim if your percentage of blame isn’t higher than 50%. The real downside is when you receive your settlement check. The amount will be reduced by your assigned percentage of blame.


Along with explaining the various state rules, your attorney can help you understand your legal rights including receiving fair compensation.


Give You Legal Advice

Legal advice typically extends beyond explaining various state and insurance rules. Your attorney has a duty to explain what you should and shouldn’t do immediately after the accident.


This can include advising you to seek medical treatment. Your medical records are essential if your claim lists injuries sustained in the accident. Other advice often includes not providing written statements to insurance adjusters or letting them record your conversations. Your attorney should also advise you to avoid admitting fault. Even apologizing for the accident can be seen as an admission of guilt by the insurance company.


Thoroughly Investigate Your Accident

Sure, your official accident report is going to include a ton of information about your accident. Your report will probably even list who’s at fault for the accident. Remember, Florida, along with a few other states, follows comparative negligence guidelines. The responding authorities are usually the ones determining blame. The insurance adjuster can also assign fault but they frequently refer back to your accident report.


Personal injury attorneys have a duty to their clients to thoroughly investigate the accident to ensure compensation is fair. This may mean bringing accident scene reconstruction specialists to contest your assigned percentage of fault. Medical experts may also be brought in to explain the extent of your injuries. This can be common in accident claims involving serious, long-term, or lifetime injuries.


Handle Negotiations with the Insurance Company

Even once in a while you get lucky and the insurance company approves a claim without any fuss. Don’t hold your breath though, most personal injury claims end up in negotiations. The whole purpose of negotiations is to reach an acceptable agreement with the insurance company. The insurance adjuster will argue for a lower settlement amount while you’re pushing to receive your claim’s full value.


Personal injury attorneys are familiar with this process and one of their duties is handling the negotiations. Your attorney can argue how the accident is impacting your life and it’s a reason why you deserve adequate compensation.


Represent You in Court

Sometimes, negotiations fall through with the insurance company. Your attorney will explain your next steps. This is usually filing a personal injury lawsuit in civil court and your attorney’s duties just increased.


Your attorney is responsible for handling all court filings and meeting all deadlines. From sitting through mediations with the insurance company to representing you in court, your lawyer’s duties don’t end until you receive a verdict. Even then, your attorney may not be quite finished with their responsibilities. If you lose your case, your attorney can file an appeal.


Are You Working With the Right Personal Injury Attorney?

Most personal injury lawyers take pride in representing their clients to the best of their abilities. If you’re a little hesitant to retain legal counsel. The upsides outweigh any potential disadvantages.


Your attorney has one job and it’s to represent you throughout your accident claim to the best of their abilities. If your attorney isn’t readily available is skipping negotiations or is pushing you to settle, this may not be the right lawyer for your injury claim. Asking for referrals from friends and family can be a good place to start. Your state’s law review is a handy reference. 


Before deciding on a personal injury attorney make sure you find out what services they provide for their clients. If the attorney doesn’t mention one of the above-listed duties, they may not be the right fit for your accident claim.


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Cindy Baker
Editorial Team
Author
The editorial team behind is a group of dedicated HR professionals, writers, and industry experts committed to providing valuable insights and knowledge to empower HR practitioners and professionals. With a deep understanding of the ever-evolving HR landscape, our team strives to deliver engaging and informative articles that tackle the latest trends, challenges, and best practices in the field.
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