What Lawyers Specialized in Personal Injury Consider and Investigate at the Time of Taking a New Case

What Lawyers Specialized in Personal Injury

Have you suffered damage at work or in a car accident? Do you think you might need a personal injury lawyer but are not sure if they would accept your case? Although Kanner & Pintaluga’s lawyers would like to help all affected parties, some circumstances make winning an argument or negotiating a fair settlement difficult or even impossible.

Who was responsible for your injury?

The most crucial factor in any personal injury case can prove negligence and guilt. There are many potentially responsible parties. In a matter of workplace injuries, even if your own mistake caused your damage, your employer may be the responsible party.

Did you provide adequate safety training to understand the risks? Did you have access to suitable safety equipment? If you did not have the tools or training to do your job safely, then the company must be responsible for your injuries.

If you hit the back of the car in front of you because your brakes failed, and you and the other driver suffered neck and back injuries, should you take responsibility? In that case, if your brakes were defective or improperly installed, it could be the negligence of the mechanic or manufacturer for sending defective brake components.

Even if you think you could be the party responsible for the accident injuries, you should consider talking to a lawyer. Lawyers specializing in personal injury and workers’ compensation have a lot of experience analyzing accidents. They will carefully consider all the potential factors and causes of your accident and may determine if the responsibility is yours or that of another party. But, if it is a case in which it is relatively clear that your actions and elections caused your injuries, it might be difficult for you to find a lawyer specializing in personal injury or car accidents that is willing to work on your case.

Contingency fees make lawyers specializing in personal injury choose carefully

One of the most attractive advantages of hiring a lawyer specializing in personal injury is your contingency fees. They will defend you for free until they offer you a fair settlement, or until they get you a favorable verdict at the trial. If they do not recover money for you, then you should not pay them for their time and effort.

Lawyers not only put their own time on the table for free, but they must also pay staff and general costs. You may even have to invest in accident reconstruction professionals or experts to reinforce your case and increase your chances of success. All in all, lawyers specializing in personal injury are at high financial risk with each client they represent. If a lawyer specializing in personal injury does not believe that your case has enough chances to win, and therefore, your investment is not worth it, they may not be able to represent you.

Laws can be complicated and tend to favor businesses or other parties.

Proving that there was negligence is not always easy. It could slip in a puddle in a grocery store and, depending on the circumstances, the store may not be responsible. For that injury to be attributed to store negligence, you must be able to prove that the business or an employee knew about the puddle before you slipped and that they did not act fast enough to prevent your customers from slipping.

In some cases, the law and the facts of the case could make it impossible to prove that there was negligence.

Florida comparative negligence laws

Few things in life are entirely black and white, and that is why states have comparative and contributory negligence laws. A judge and a jury can usually quantify the responsibility of an injured person in an accident concerning his accident. For example, if someone crossed to the left and hit your vehicle, but you, in turn, were above the speed limit, it could be determined that the other driver was 70% responsible and you were 30% reliable.

Florida is a state with comparative negligence laws so that you would receive 70% final compensation, instead of 100%. In countries with tax laws, any negligence on the part of the victim will cause the victim to receive no compensation.

In Florida, even if you have more than 50% of the fault, you could still file a personal injury complaint against the other negligent party. However, lawyers will have to take into account their expenses when considering their case. If you only receive 30% or 40% of the final compensation, the lawyer may not be able to recover the investment you made when representing you in the case.

The severity of damage or injury

In most cases, minor injuries or only damage to the car will not guarantee compensation large enough to involve a lawyer. The eventual amount of money recovered will be too low to cover the costs of investigation and representation of the lawyer.

Inconsistencies in medical care

If you are injured by an accident caused by someone else’s actions, you must seek medical attention. The professional opinion of a doctor can play an essential role in proving the severity and origin of your injuries. If you do not seek medical attention, it will be challenging to convince a jury that your injuries were severe.

Honesty is also important, both in you and in the doctor. To declare that unrelated medical costs were caused by accident is a fraud, and you can get you and your lawyer in trouble if it is discovered. If you receive treatment from a doctor with a bad reputation for insurance or medical care fraud, you could raise suspicions and have their reliability, and that of your doctor’s professional opinion questioned.

Customer Expectations and Reliability

You must listen to your lawyer’s expert advice so that you have realistic expectations about the chances of success in your case and what you might expect regarding compensation.

If you are not satisfied with what your lawyer tells you, seek second opinions to find out if other attorneys specializing in personal injury agree or disagree with your assessment. Put, you cannot expect compensation of one million dollars for some scratches and bruises in a minor car accident.

You may also have trouble finding a lawyer if there are things in your past that could make a jury doubt your testimony. Some jurors or judges may have prejudices against drug users and some types of criminals. If a lawyer does not believe that you will be a credible witness to win the jury, you may not be able to take your case.

Prescription Periods

Most personal injuries have a grace period, with some exceptions. The general rule is to seek medical attention immediately after your injury and then speak with a lawyer. Witnesses forget and evidence can be lost or destroyed if it is not collected and documented as soon as possible. Many laws require injury victims to file a complaint before some time passes, depending on the type of injury. To heal in health, it is better to speak with a lawyer as soon as possible after your injury.


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