Personal Injury Lawyer

Proving Liability

Depending on the specific situation in which you were injured, it may be a clear cut case of who is at fault, or it may be more complex. In our experience, it is usually the latter, as there are many moving parts and multiple parties involved in most injury cases. As such, proving which party was to blame can be a challenge. Insurance companies will fight tooth and nail to protect the insured, and therefore themselves from having to pay out, and they may even try to pin the blame on you. It is vital to work with an attorney to ensure that this does not happen. Part of our service is to gather evidence by working closely with investigators, law enforcement, witnesses, and expert witnesses to get to the bottom of how the accident happened. In traffic collisions, there are usually witnesses, tire tread marks, and other crash scene forensic evidence. In the case of slip and falls, there may be video surveillance, witnesses, and a history of an unsafe walking surface. We use everything available to prove that the negligent party that you know caused your injuries is held accountable.

Comparative Negligence in Florida Personal Injury Cases

Florida statute 768.81 on comparative fault outlines how multiple parties can be blamed for causing a crash, slip and fall, dog bite, or other type of personal injury. The victim themselves are often blamed for causing the incident in many cases. Comparative fault works like this: if the victim is found to be 30 percent at fault for causing the car crash, the other party is only responsible for paying out 70 percent of the total financial compensation that would have otherwise been available. For an example, if a car ran a red light and T-boned you, but you were driving 15 miles per hour over the speed limit at the same time, you might be held partially to blame, and therefore partially liable for your injuries. It is up to an attorney to prove that you were not at fault even to a small degree, and to limit any comparative fault the other side tries to bring upon you.

Determining the Value of Your Personal Injury Claim

Florida has the fifth highest hospital costs in the country. Typical injuries caused by a car collision, including whiplash, mild traumatic brain injury, lacerations, and a broken collar bone can easily run well into the five digits in terms of medical bills alone even if surgery is not necessary. More traumatic injuries, such as a serious brain injury, organ damage, and fractures that require surgery will quickly run into the six digits. As such, receiving compensation is vital in order to stave off bankruptcy from medical costs alone. The value of your damages is also determined by:

• Your lost wages and lost earning ability
• Pain and suffering
• Disability
• Property damage
• Mental anguish and more