Is It Necessary To Hire A Personal Injury Attorney?

– Client Reviews

If you suffered harm as a result of someone’s negligence or recklessness, you’re most likely considering holding that party liable for your recovery costs. The harm may also include lost wages and the pain and suffering endured. With a range of issues that could require addressing, it may not be in your best interests to go up against powerful insurance companies without experienced legal assistance.

Determining the At-Fault Party and Proving Liability

Proving that another person or company is liable for causing you harm is typically a matter of showing how their actions or lack of action caused the event that left you injured. You will need to prove that the other party was negligent or acted recklessly. Proving negligence requires showing a level of carelessness or incompetence that does not reflect the actions of a reasonably prudent adult. In roadway accident cases, for example, personal injury attorneys may request copies of cellphone records to determine if an individual let a texting exchange become a distraction while driving.

It could prove challenging to determine who is financially liable because of comparative negligence laws. Florida’s new modified comparative negligence law, HB 837, changed the standard by which courts can find an individual or business liable in a personal injury suit. Under the new law, passed in 2023, a party determined to be only 49% responsible for causing harm is not liable to pay compensation. The revised negligence law means that if you are more than 50% responsible for your injuries, you can’t sue for financial compensation.

If, for example, a vehicle crash leaves you injured, the party that you claim is responsible for causing you harm may assert that your actions reflect the majority of the fault for the accident. If the defending party convinces a jury that you’re at least 51% responsible, you won’t receive any compensation. Experienced personal injury lawyers, however, have the investigative skills and accident reconstruction resources that can help prove that your contribution to the accident — if any — is below the 51% threshold.

Assessing the Full Amount of Compensation for the Harm Caused

Florida’s no-fault auto insurance laws enable your vehicle insurance carrier to cover your medical expenses regardless of who caused the accident. You may not, however, recover the full amount of your medical expenses because of the caps Florida places on what you can receive. If you suffered a serious vehicle accident injury, you may need to file a lawsuit to recover the full amount of your medical expenses.

In a lawsuit, you’ll need to show that your expenses and lost wages are a direct result of the specific injuries caused by the at-fault party. A lawsuit may also be the only way you can receive fair compensation for non-economic losses, such as pain and suffering. In a vehicle accident claim, the at-fault party’s auto insurance carrier may refuse to pay you for non-economic damages.

Although car accident cases are among the most common personal injury lawsuits, harmed individuals file legal actions to recover damages across a wide spectrum of mishaps. Seasoned personal injury attorneys can navigate the laws and apply proven and effective strategies to obtain compensation for individuals injured by medical malpractice, slip and fall accidents, dog bites, nursing home neglect, defective products and many other harmful events.

Meeting the Filing Time Frames and Avoiding Delays

Florida’s HB 837 revision includes a reduction of the time frame in which you can file a personal injury lawsuit. The revision cut the statute of limitations down to two years. Overall, it’s best to not delay filing a personal injury claim. If your claim needs to move to a jury trial, evidence may no longer be accessible. Witnesses called to testify may also forget important details.

There’s a difference between filing a lawsuit and an insurance claim. An insurance company may reject certain types of claims if they’re not filed within the company’s specified time frame. If you file your claim past that time, the insurance company may automatically reject it, which may then severely compromise a lawsuit you file against the at-fault party.

Another reason to act quickly, especially in the case of injuries not related to no-fault vehicle accident claims, is that your out-of-pocket medical expenses may begin piling up. Avoiding procedural delays and “red tape” could help you stay focused on your recovery. A knowledgeable personal injury attorney will rely on a range of proven strategies to keep your case moving forward without unnecessary delays.

Gathering the Evidence To Prove Pain and Suffering

Bringing a case to court to prove the amount you deserve for pain and suffering could become the most challenging part of your case. Pursuing non-economic damages is harder than showing a court what you deserve for economic damages through your medical bills. Lost wages are also easily shown through pay stubs you received before your injuries occurred. Pain and suffering, however, are subjective issues that do not easily relate to financial sums.

Eyewitness testimony can help prove the extent of your pain and suffering. By working with a seasoned courtroom attorney, you can interview and evaluate those individuals who could present the most persuasive eyewitness testimony to a jury. In addition to the medical records and other documents you will need to gather and present, your eyewitnesses could serve as your most compelling form of evidence to prove your pain and suffering.

The individuals you and your attorney could consider as eyewitnesses include:

• Your spouse or other close family members: Those who are closest to you can show the jury how your injuries affected the quality of life you previously enjoyed. By their being close to you over a substantial length of time, they can relate how your injuries altered your lifestyle and personal relationships.
• Your doctor: A licensed medical practitioner can serve as a highly credible expert witness. Your doctor could provide a thorough and clinically accurate overview of how your injuries will affect your life or career in the years ahead.
• Yourself: You can relate the day-to-day painful aftermath of the event that caused your injuries. This is a good reason to maintain a daily journal after a harmful event. A journal also records your feelings and state of mind while your memory remains fresh.
• A mental health expert: Severe and life-altering physical injuries often cause serious mental health issues such as chronic depression and anxiety to develop. Psychiatrists and clinical psychologists can provide the court with a professional evaluation of how your physical injuries impacted your mental and emotional health.

Relying on the Right Legal Representation to Win Your Case

Although the law allows you to represent yourself in a civil lawsuit, teaming up with an experienced personal injury attorney can level the playing field. If your goal is to obtain the highest possible amount of injury compensation for both the economic and non-economic harm you suffered, the matter of knowledgeable representation becomes more of a necessity. You could also be much better prepared to deal with an insurance company if you prefer to settle out of court.

The personal injury attorney team at Gordon & Partners will provide you with the representation you need. We’re ready to take on powerful insurance carriers and large corporations to get our clients the compensation they deserve. Contact us now for a no-fee and no-obligation review of the merits of your injury case. You won’t owe us anything unless we achieve a successful outcome.