Frequently Asked Questions
When should you hire a personal injury lawyer?
You should hire a personal injury lawyer as soon as possible after an accident—especially if:
- You suffered serious injuries
- Liability is unclear or disputed
- Insurance companies are pressuring you
- You’re facing medical bills or lost wages
Early legal representation helps preserve evidence, protect your rights, and maximize your compensation.
How much does a personal injury lawyer cost?
Most personal injury firms, including Silva & Silva, work on a contingency fee basis, meaning:
- No upfront fees
- No payment unless you win
- Fees are typically a percentage of the recovery
This allows clients to pursue justice without financial risk.
Do you handle cases outside South Florida?
Yes. While based in South Florida, Silva & Silva can:
- Handle cases throughout Florida
- Collaborate with co-counsel in other jurisdictions when needed
- Represent clients nationwide, depending on the case
Contact the firm to discuss your specific situation and location.
Who can file a wrongful death claim in Florida?
In Florida, a wrongful death claim must be filed by the personal representative of the deceased’s estate on behalf of:
- Spouse
- Children
- Parents
- Other dependent relatives
Compensation may include funeral costs, lost support, and emotional suffering.
What should you do immediately after an accident?
After an accident, take these steps:
- Call 911 and seek medical attention
- Document the scene (photos, videos, witness info)
- Exchange information with involved parties
- Avoid admitting fault
- Notify your insurance company
- Contact a personal injury attorney before giving statements
Acting quickly can significantly impact your case outcome.
How long do personal injury cases take?
Case timelines vary depending on complexity:
- Simple cases: a few months
- Moderate cases: 6–18 months
- Litigated cases: 1–3+ years
Factors include the duration of medical treatment, insurance negotiations, and whether the case goes to trial.
How are settlements paid out?
Once a case settles:
- The insurance company issues a payment to your attorney
- Legal fees and case expenses are deducted
- Medical liens (if any) are resolved
- The remaining amount is distributed to you
Your attorney ensures all obligations are handled before you receive your funds.
What makes Silva & Silva different?
Silva & Silva stands out because:
- Over $1.2 billion recovered for clients
- Founded in 1992, with decades of experience
- Proven success in complex, high-value cases
- Client-focused approach with personalized attention
- Deep knowledge of Florida injury law
Their track record reflects both skill and commitment to results.
What is Florida’s statute of limitations for personal injury?
As of the 2023 law update, Florida generally allows a 2-year window from the date of the accident to file a personal injury lawsuit.
This is a reduction from the previous 4-year limit. Missing this deadline typically means losing your right to recover compensation.
What damages can you recover?
You may be entitled to compensation for:
- Medical expenses (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress
- Property damage
- Loss of enjoyment of life
Each case is unique, and damages depend on the severity and impact of your injuries.
Are personal injury settlements taxable?
In most cases, compensation for physical injuries is NOT taxable.
However, portions related to:
- Punitive damages
- Interest
- Non-physical claims
may be taxable. Always consult a tax professional for your specific situation.
What is Florida’s modified comparative negligence rule?
Under Florida’s 2023 modified comparative negligence law:
- You can recover damages only if you are 50% or less at fault
- Your compensation is reduced by your percentage of fault
- If you are more than 50% responsible, you cannot recover damages
This makes strong legal representation critical in disputed liability cases.
Trial Lawyers for Serious Cases
Our Law Firm
Silva & Silva is not a volume-settlement firm. We focus on complex litigation involving catastrophic injuries and wrongful death.
With seven attorneys and a deep litigation support team, our firm prepares every case for trial from day one.
Founding partners Jorge E. Silva and Carlos Silva have built a reputation for handling high-stakes matters across Florida. Our attorneys collaborate closely on major cases to deliver strategic, aggressive representation.
Additionally, attorney Orlando Silva is both a physician and a lawyer — a rare and powerful combination in catastrophic injury and wrongful death litigation.
Carlos Silva
Carlos E. Silva gives a voice to victims and families who have suffered traumatic injuries and tragic deaths as a result of tortious conduct.
Jorge Silva
Jorge E. Silva is passionate about protecting victims and families who have suffered catastrophic medical malpractice events.
