People call the office at different stages. From time to time, someone calls on the same day of a car accident or another type of injury case. In car accidents, it is more common to get calls earlier as people need to get their car fixed and the issue of needing a lawyer is more imminent. If someone is a passenger in an accident or has been injured in some other type of accident (slip and fall, trip and fall, and so forth), the urgency of needing a lawyer is not so great. I do see calls a week later, a month later, and sometimes even a year or two later.
The first important consideration in terms of hiring a lawyer would be the statute of limitations. Generally, there is a four year statute of limitations in Florida negligence cases BUT there are some exceptions to this rule. In particular cases, negligence experienced on a cruise ship will often carry 1 year statute of limitations by contract with venue provisions as well. Negligence cases against the Florida government or a municipality has certain prerequisites earlier than 4 years) You should consult an attorney for the pertinent statute of limitation. Please, also note that workers’ compensation type injuries have completely different statute of limitations issues and are unrelated to this specific blog entry. Generally, with regard to the statute of limitation, it really does not matter whether you hire an attorney the day of an accident or a month later.
The second concern is regarding calls from the insurance companies involved in an accident. In a car accident, you commonly will receive calls from both your insurance company and the other person’s/defendant’s insurance company shortly after an accident. When you fall somewhere and report it, you commonly will get a call from the insurance company for the property where you were injured. These insurance companies will want to take your statement and may ask you to fill out forms and/or sign a medical authorization. These are issues that you may want to speak to a lawyer about before signing them. There are prior blog entries about when giving a statement is required and when it is optional, under the law. One advantage to having a lawyer earlier in a case is that the lawyer will write to the insurance companies. From then on, communication will be with the lawyer and not with you, so that provides an advantage.
The third concern would be medical treatment, who to go to, and when to begin. These are critical issues that a lawyer can counsel you on. I have seen many cases weakened based on the choice a client makes on going to a doctor. I believe it is advantageous to go to a doctor that has handled injury cases before and understands the proof needed to win an injury case. Sometimes, a doctor that is qualified to handle a particular injury is not necessarily best qualified to handle an injury case. An injury case can help you with this issue and I believe this is one of the most important parts of the injury lawyer’s role at the beginning of a case.
These are the main concerns on when to hire an attorney. In general, hiring a lawyer, at least talking with an injury and accident lawyer, shortly after an accident would be recommended. The injury lawyer could advise you regarding the statute of limitation. He/she can advise you on when a statement is required or not and he can prepare you to give the statement. Lastly, he/she can help you find physicians that are qualified to both treating your injury as well as qualified to do the necessary reporting to solidify your case.
It is important to note that every case is unique and should be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a minor difference in the facts of the case could change the result. Also, this blog is based on Florida law and the laws of any other states or even another country could vary from Florida.
