Should You Pursue a Personal Injury Case?
A personal injury lawsuit that ends up in court before a judge can be a long, drawn-out process, and in the end, there is no guarantee that you will win. If you’re unsure of the viability of your personal injury claim, you may think at first that it’s not worth the time or effort without a clear path to compensation. However, many personal injury cases quickly settle out of court, and your attorney won’t bill you unless you win, eliminating the financial risk of seeking counsel. Under these circumstances, going in for a consultation is always a smart move to learn more about your options. Today, we will discuss what might make your personal injury case one that an attorney wants to take all the way to court to maximize your compensation.
How Viable Is My Personal Injury Case?
In situations where injuries, damage, and bills are limited, a personal injury attorney might recommend a simple negotiation and settlement process. As experienced lawyers take on more and more clients, they understand the value of a case early on, and their recommendations to settle or sue are based on this experience. However, if the other party is unwilling to negotiate or consistently lowballs you, taking a case to court might be the only option left on the table.
Determining if your case is viable is best done with an attorney who can walk you through the legal questions and explain your options.
Evidence: Every viable personal injury claim needs evidence, which can come in the form of pictures, videos, documentation, or testimony. An insurance company might quietly settle out of court without requiring mountains of evidence, but a judge will rule in their favor if you have no proof that backs up your story in court.
Negligence and Duty Of Care: If your injury could have been prevented by the reasonable actions of the other party, you have a good chance of proving negligence. Additionally, people have a duty of care in certain situations, which obligates them to act in a way that does not recklessly or carelessly injure other people. Even in car accident lawsuits, courts have consistently found people driving on public roadways are expected to act as a reasonable person would. Breaking this duty of care might occur when someone speeds, drives drunk, or ignores road dangers.
Serious Injury: Did your accident result in a serious injury affecting all aspects of your life, such as mobility, financial earning potential, and well-being? Many cases that go to trial involve life-changing injuries that necessitate litigation to ensure just compensation – enough to make up for the massive losses of the injured party – are won.
We know that you don’t want to be thinking about these questions right after your accident, but time is of the essence when it comes to personal injury lawsuits. Recent reforms to Florida law changed some personal injury statute of limitations from four years down to two, significantly reducing the time injured parties have to build their case. Starting your claim sooner rather than later helps ensure your attorneys have time to build a strong case, assuming going to trial is your best option.
If you were injured due to someone else’s negligence and need help determining the strength of your case, contact Hale Law today. Our experienced attorneys will fight on your behalf to recover the compensation you need to make a full recovery. We never charge you unless we recover compensation, so get in touch today to learn how we can help.
