How Do I Know If I Have A Valid Personal Injury Case?

– Client Reviews

After a severe injury, a lot of thoughts may rush through your head. One of your primary concerns is likely, “Why did this happen, and how am I going to pay for my treatment?”

When it seems someone else caused your injuries, that party could very well be responsible for covering your expenses. However, you will have to present a valid case to get compensation. Discover the elements of a legitimate and compelling personal injury case.

1. You Suffer Harm Due to Someone’s Negligence or Intentional Act

The central factor in determining that you have a valid personal injury case is that someone else is liable for your injuries. If you caused yourself harm, you likely won’t have a case.

There are a few exceptions to this, though. For example, Florida drivers must have car insurance with personal injury protection, which covers some portion of losses from an accident, no matter who is at fault. 

When establishing that another person is responsible for your injuries, the insurance companies or courts consider a few factors:

• The person must have owed you reasonable care or had a duty to act responsibly toward you in a specific situation.
• That individual breached that “duty of care” through carelessness or an intentional act against you.
• That action directly contributed to injuries that you suffered.

When you have the evidence to prove those legal elements, a court is more likely to award you damages for those injuries. 

What is often preferable to a trial, however, is settling with a defendant or insurer out of court. When the other side sees the strength of your argument, they are usually more willing to negotiate, saving you time and expenses in obtaining compensation.

2. You Meet Florida’s Time Limits for Filing a Personal Injury Case

Even if you have an ironclad case, you can’t wait indefinitely to bring a claim. All states have statutes of limitations for how long a plaintiff can wait to officially file a personal injury suit. In Florida, that period is now generally two years.

Please note that Florida updated this time limit on March 24, 2023. Previously, the standard time limit was four years. This means any injuries that you suffered before that date still have a four-year timeframe for filing. 

Exceptions to the Rule

Some exceptions do apply to the two-year statute of limitations. For example, to bring a personal injury case against a local government entity, you must first file a claim with the department and wait until 180 days pass or the agency formally denies the claim before taking the case to court.

On the other hand, the court can delay the start date of the two-year statute of limitations for various reasons, including:

• The plaintiff is under 18 and has no responsible adult to file the claim.
• The plaintiff is not mentally competent to bring the case and requires the assignment of a legal guardian or representative.
• A natural disaster has forced the closure of government offices.
• The defendant is out of the state or in hiding, preventing the court from serving the summons to the defendant.

In these situations, you could have longer to file, but you shouldn’t delay unnecessarily.

Reasons To Act Quickly

It rarely (if ever) benefits you to delay in preparing a personal injury case. You’ll want to acquire the strongest evidence before it degrades or someone has time to alter it in any way. Also, the defense will likely be moving quickly to obtain counterevidence.

You can ensure your case is valid when you promptly ask for help from Gordon & Partners. Your initial consultation is free and will help you decide the next steps you should take to build a strong case or avoid hurting your case.

3. You Avoid Doing Things To Harm Your Case

Even if you have a rock-solid case, you might unintentionally do things to weaken your argument. This is another reason the guidance of an attorney is so valuable, as the time after an injury can be confusing. Avoid committing the following missteps after suffering a personal injury.

Posting Online or on Social Media

One thing you do well to avoid is posting anything about your case on social media or discussing the matter with others. In fact, you want to be careful about any social media activity, even if it doesn’t directly relate to your case. 

The defense might use a seemingly innocent statement, image or video to contradict your claims or raise issues of credibility. It’s often advisable to make your accounts private until you can settle your case.

Postponing Medical Treatment or Ignoring Doctor’s Orders

Remember that any damages you claim must be a direct result of the defendant’s negligence. If you do something to make your injuries worse, the at-fault party may not be liable for that.

Also, if you delay getting medical assistance or ignore directions you receive from physicians, the defense or insurance company could use that fact as a way to compromise your credibility. They will probably claim that your injuries are not so serious. For the most part, Florida requires that claimants must seek medical care within 14 days to have a valid claim. 

Don’t forget that your medical documents and bills are essential evidence in establishing your case. Delaying medical attention or disregarding instructions can only work against you.

Talking to Insurers

The insurance company may try to get a recorded statement from you. However, you don’t have to speak to the insurer other than to report the fact that an accident occurred and you suffered harm.

Insurance adjusters are experienced professionals who have a reliable script of questions and statements that can trip you up and cause you to unintentionally compromise your case. Fortunately, your legal counsel from Gordon & Partners can handle all communications with these companies. 

4. You Can Identify Elements That Give You a Better Chance of Winning

You’re surely wondering not only if your case is valid but also if you have a good chance of winning. While each circumstance is unique, having the following elements improves your odds of success.

The Defendant Admits to Fault

If a person confesses to harming you, your case might be much easier because you’ve eliminated obstacles to establishing proof of negligence. A recorded or written admission of guilt is extremely valuable.

Clear Camera Footage

Digital devices make capturing recordings easier than ever. You might have a dashcam that holds vital details about a car accident, or your doorbell camera or that of neighbors could prove useful. Video recordings can remove any doubt about what really happened.

Severe Injuries 

The types of injuries you suffer can play a factor in the strength of your case. Fractures, bruises and significant trauma are also strong evidence.

A Defendant’s Pattern of Action

Facing a defendant who has a pattern of causing similar incidents can also work in your favor. For instance, a store where you slipped and fell might have recorded numerous near misses in the past. After a car accident, you might discover that the at-fault driver has received numerous citations for distracted driving or had other accidents. These facts can add weight to your argument. 

Bring Your Personal Injury Case to Gordon & Partners

Navigating the law and handling negotiations becomes all the more stressful when you’re recuperating from an injury. Contact our team at Gordon & Partners for assistance. We can let you know if you have a valid personal injury case, and if you do, we’re ready to help you fight for justice.