Will my Car Accident Case Settle?

This is a common question most clients want to know. Car accident cases can settle at different times. The range can be anywhere from a couple months to a year after an accident. When your cases will settle depends largely on many case factors our lawyers need to analyze.

  • How much insurance is available?
  • What is the severity of injuries?
  • Are you still receiving medical treatment?
  • What are the long term consequences ?
  • Will you make a full recovery
  • Do you have a permanent injury?

In serious injury cases, such as a traumatic brain injury, surgical cases, or where significant damages are at issue cases can take longer to settle.If a lawsuit it is filed, the settlement process usually takes one year or longer. This is because insurance companies need time to evaluate client’s medical records and other

In serious injury claims where a lawsuit or litigation is required there is more information that needs to be discovered. Insurance companies will generally not pay significant money damages until all of their questions are answered.

Similarly, as lawyers we are unable to settle a case until the full nature and extent of a client’s damages are fully understood. Is our client going to make a full recovery? Or will they be left with a permanent injury that affects them over the course of their lives?

A good lawyer will not overlook these answers. In more routine cases or where insurance coverage available is limited or where injuries are not as serious then cases can settle more quickly. When your case will settle depends a lot on you. By this, we mean the severity of the injuries and case and the amount of damages claimed.

When you hire Gerson and Schwartz, PA we will do all we can to settle your case as quickly as possible. But as a general rule, pre suit cases where no lawsuit is filed can settle 3-6 months after a client has finished with medical treatment. Once a lawsuit is filed the process takes about one year or more. Because no two cases are alike, we encourage all clients to discuss these questions about when your cases will settle since no two cases are identical.

What if there is not enough insurance to pay my car accident or injury claim?   

This is a common problem that most car accident victims don’t always understand. Under Florida law, motor vehicle operators are not required to carry bodily injury insurance coverage. This means that the vehicle operators may have coverage but they are not required to protect themselves for injuries caused to another. What this means is that if an uninsured or underinsured driver causes an accident resulting in serious bodily harm the at fault party may leave themselves exposed to personal liability. In situations where a Defendant that causes serious bodily injury or death but has no assets is problematic. Too many times, we have seen clients with serious injuries but not enough or very little financial responsibility. When you hire our law firm, we work hard to understand all potential sources of legal liability and financial resources that may be available. We also encourage all clients that drive to purchase uninsured and underinsured motor vehicle coverage. This can act to protect you in the event of an uninsured and underinsured driver. If you have health insurance this can pay for medical bills and expenses. But it won’t cover any amounts for pain and suffering or non-economic damages. For these reasons, its paramount to hire an experience car accident lawyer to evaluate all potential legal claims.

What should I bring to my case consultation? 

We advise all clients to bring everything they have to a new case consultation. Whether or not you think it is important or not bring it anyway. This includes past and future medical records, witness information, photos, video, receipts, bills, letters, correspondence from insurance adjusters, property damage bills and receipts for out of pocket expenses.

The more information you provide the better and will only make your consultation and time together more fruitful.

Does it Cost Anything to Get Started?

No. We front all the cases costs. You only pay us back if we recover money on your behalf.

How Much Will a Car Accident Lawyer in Miami Cost?

If hired to represent you for your accident and personal injury we will take your case on a contingent fee. Contingent fee agreements are essentially contracts between lawyer and client. The percentage or fee structure is set by the Florida Supreme Court. The amount of attorneys fees are based on a percentage of the recovery at the end of the case. What this means to you is that if we do not collect money, than you do not owe our law firm anything.

If you have been hurt in an accident, you may be worried about how much retaining an attorney will cost you. All of our car accident cases on a contingent fee-basis. This means you only pay us legal fees if we successfully recover compensation on your behalf. The attorney’s fee structure are based on a percentage of the recovery. All personal injury law firms in Florida operate under the same fee schedule. The fee schedule is set by the Florida Supreme Court. Contingent fee agreements ensure that every accident victim and family member has access to legal representation regardless of their ability to pay up front. This allows accident and other injury victims who cannot afford to hire lawyer access to the courts.

Client Reviews
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I am a lawyer in Massachusetts. I had a case to refer against a cruise line in Florida and did my homework on which firm to represent the client. Let me take the guessing out of it for you. Call this law firm and sign up.
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A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
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Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
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Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
★★★★★
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read More » Jhlechia Ervin
★★★★★
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
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Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
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I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User
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