Is your personal injury case strong enough to win in Florida?
Our top rated personal injury lawyers will help you build a strong case
8 questions to help you assess the strength of your case
Have you been injured in a Florida accident? Is your personal injury case strong enough to win according to Florida personal injury law? Other questions may be: How do I know what my case is worth? Or… do I have a case at all?
While there are different types of personal injury cases, typically, they all have a general way to assess their strengths. The most prudent course of action is to have an initial consultation with one of our experienced attorneys, but if you’re trying to assess how strong your personal injury claim is, let's get to it.
1.
WHO IS RESPONSIBLE FOR YOUR ACCIDENT? (and how can you prove it)
The first step in establishing a strong personal injury case is identifying who is responsible for the accident. An at-fault party can be a person or a company that fails to exercise a duty of care. To establish liability, you may need witnesses, pictures, medical records, police reports and expert opinions, to name a few. The expert attorneys at Winegar Law will make sure no stone is left unturned.
2.
HOW DID THE ACCIDENT CAUSE YOUR INJURIES
Establishing a link between the accident and your injuries is vital. It may be easier to prove if you had no medical conditions prior to the accident, but it’s not always so straightforward.What about pre-existing medical conditions? Our personal injury lawyers may be able to show how the accident aggravated any previous conditions. We can help you obtain medical records that detail your condition both before and after the accident.
3.
HOW SEVERE ARE YOUR INJURIES?
The more serious and long-lasting your injuries, the higher your potential compensation may be. Factors like ongoing medical treatment, rehab, and therapy can also affect verdicts and settlement amounts.
If you have lost wages and pain and suffering are affecting your daily life, you likely have a strong case. Winegar Law can help you quantify an amount to pursue. Be sure to hang on to medical bills, invoices, and expert opinions to support your claim.
4.
WERE YOU PARTIALLY AT FAULT?
Florida personal injury law follows comparative negligence rules. This means: your claim amount may be reduced if you are partially at fault. However, if you’re found to be less than 50% responsible, you’re still eligible for compensation. Winegar Law can help you navigate the complicated system and argue for fair fault distribution.
5.
HOW CREDIBLE ARE YOUR WITNESSES AND EVIDENCE?
If you have credible witnesses to tell the story, you boost your chance of winning the case. A witness statement will carry more weight when they are unbiased and corroborate with known facts. Using physical evidence like photos, videos, and accident reconstructions alongside expert witness testimony will all contribute to a strong case.
6.
ARE YOU RECEIVING TIMELY MEDICAL TREATMENT?
Winning a personal injury case often depends on the treatment and documentation of a medical professional. If you don’t get immediate medical help after an accident, the person at fault may use it against you. Medical attention does more than keep you healthy. Medical care also creates records that prove your condition and establishes the link between the accident and the injuries.
You should have diagnoses, treatment plans, progress notes, and referrals to specialists. Keep detailed medical records to show the extent of your injuries. Record changes in your mind and body, pain, discomfort, and restrictions caused by the accident.
7.
WERE YOU PARTIALLY AT FAULT?
Florida personal injury law follows comparative negligence rules. This means: your claim amount may be reduced if you are partially at fault. However, if you’re found to be less than 50% responsible, you’re still eligible for compensation. Winegar Law can help you navigate the complicated system and argue for fair apportionment of fault.
8.
ARE THERE INSURANCE COMPANIES INVOLVED?
Florida personal injury cases can be dramatically affected by insurance coverage. Insurance companies are notorious for trying to minimizing settlements and protecting their bottom lines. Be cautious of accepting any settlement offers without your attorney’s advice.
Find out what the other person’s insurance policy includes. Identify any exclusions or limitations on coverage. Also, determine any out-of-pocket expenses that may impact your finances.