If you’ve recently been involved in an accident that resulted in injury, you may be asking yourself what to do now.
In recent blogs, we’ve covered several topics relating to this concern, from detailing different types of injuries to settlement agreements and more.
All of this information can be helpful, and we encourage you to take a look if there are additional topics that you have questions about.
How to Determine if I have a Personal Injury Case?
But when and how do you know if you have a good enough claim to truly pursue legal action with a personal injury case?
Determining Factors of a Personal Injury Claim
Upon meeting with an experienced personal injury attorney, you will go over the accident, your injuries, and all details that would be related to your case.
There are four main factors that your attorney will look at to determine how much of a case you have against the individual or company in question.
1. Liability and Negligence
Did the accident occur under negligible circumstances? For example, if you were injured in a car accident, was the other driver texting and driving?
There are important details that your personal injury attorney will collect to determine whether you have a strong enough case as well as adding to any case you do end up putting together.
To recap previous discussions, negligence is generally an act of carelessness or failure to act in a manner that any other prudent person would under the set of circumstances.
Liability is then determined by comparing the negligence and carelessness of the parties involved. In the accident, whose actions were more negligent?
Proving liability or negligence is a key component to determining whether or not you have a strong personal injury case.
2. Injuries and Damages
Once liability and negligence has been established to assure you have a solid base for your case, your attorney will look at the injuries and damages that you suffered as a result of the accident.
By gathering information regarding your injuries and damages, your personal injury lawyer will be able to determine how much you can hope to seek compensation.
This will include looking into your medical treatment, medical bills, lost time at work, and any property loss, such as a totaled vehicle.
3. The Liable Party
In order to truly have a personal injury case, you will need someone to seek compensation from.
This may be an employer, an individual, or most commonly, an insurance company.
Your attorney will use all applicable information and evidence against this liable party to form your case.
We’ve touched on this topic in previous blog posts, but it is important to remember that in the world of personal injury law, there are crucial deadlines for a true case.
Your attorney will also walk you through these timelines as they relate to your case to ensure that your case is still viable.
For more information about Florida Statutes of Limitations, you can read more here.
We hope that you found this brief list as a helpful starting point.
Please reach out to one of our experienced personal injury attorneys with any additional questions.
For more in-depth information regarding your case, please consider utilizing our free consultation offer to see if you would like to work with one of our highly skilled attorneys.