Being hurt can stop you from working, whether temporarily or permanently.  At the same time, medical bills may be piling up.  Working with a lawyer, you can get justice for what happened to you and get your expenses plus pain and suffering covered.

Our lawyers can help you hold at-fault parties accountable through insurance claims and, when they refuse to settle, file lawsuits.  We can gather evidence like medical records and financial records, depose witnesses, and even take the case to trial, if needed.

For a free review of your potential case, call Graves Injury Law Firm’s personal injury attorneys at (305) 614-2767 right away.

How to Prove Fault in an Injury Case

Winning your case requires proving the defendant was at fault.  That takes evidence and a strong case.

Gather Evidence

You need to get evidence before you can make any claims.  This means gathering what you can at the scene before you leave to get medical care.  Getting medical care is also part of evidence collection, since you will need medical records to prove your injuries.

Our personal injury lawyers can gather the rest, such as security camera footage and witness depositions.

Identify the Defendant(s)

From that evidence, we can assess who might be at fault.  It is important to follow the evidence, not pick a defendant then try to make the evidence fit.

For example, a truck accident might not have been caused by the trucker, but rather another driver involved in the crash.  We can also look into whether property owners or tenants shared fault, and whether an employer might be liable in place of a defendant who was working when they hurt you.

Assess Elements of Fault

To win an injury case, you usually need to prove the defendant was at fault by proving these four elements:

  1. They owed you a legal duty.
  2. They breached that duty.
  3. That breach caused the accident.
  4. The accident caused your injuries and damages.

Build a Case

Once we have the bare bones of your case, we can build from there by coming up with a theory of the case – the general story we will tell the court.  We need a narrative of what happened, our explanation of how the defendant was at fault, and evidence to back all of that up.

We also need proof of the damages and their amounts.

Negotiate with Insurance

We can present all of this to the insurance company to try to convince them to settle the claim.  Initial offers are usually too low, and cases usually only get to a satisfactory agreement after negotiations.

Put on a Trial

If the insurance company stalls negotiations or refuses to settle for the right amount, we can take the case to court.  At trial, we will present our evidence, make our arguments to the jury, and seek damages through this formal process.

What Evidence Do You Need in an Injury Case?

Winning a case does not always mean having the most evidence, but rather the strongest evidence.  These pieces are often important:

Eyewitness Testimony

Witnesses who actually saw and heard what happened can testify about what they saw and heard.  You, as the victim, are also the prime witness in most cases, unless you were knocked unconscious.

Expert Witness Testimony and Reports

People who did not see the accident can also testify if they have special scientific or technical information to present.  These “expert witnesses” can be used for

  • Economic assessments of damages
  • Medical reports
  • Assessments of future medical needs
  • Defective product assessments
  • Accident reconstruction
  • And more.

Medical Records

Your medical records detail what happened, how you were hurt, and how severe your injuries are.  They also give info about your future needs and disabilities.

Financial Records

Your financial records include the amounts you already spent or were charged for medical treatment and other damages.  They also help us prove your wages and lost earning amounts.

Photos

Photos of the accident scene can help piece together what happened, not just in car accident cases.

Videos

Video of the accident is even better.  Injuries are often caught on security or surveillance cameras, which can show exactly how the accident happened.

The jury can watch these videos themselves to get an idea of what happened and who was at fault.

Types of Claims Available

When you file a claim, it often comes in one of these forms.

Car Insurance

Car insurance is a bit of a unique process.  In Florida, we use a no-fault system where you file with your own insurance for PIP coverage – which handles 80% of medical bills and 60% of lost wages, up to $10,000, all regardless of who caused the accident.

From there, you can sue/file a claim against the defendant’s insurance for vehicle damage.  You can also file for bodily injury if you had “serious injuries.”  However, they might not have insurance to cover injuries.

That may mean using your uninsured/underinsured motorist (UM/UIM) coverage for the rest of the damages.

Workers’ Compensation

Workers’ Comp is also a specialized system for work-related injuries.  If you were an employee who suffered a work-related injury that kept you out of work for at least 7 days, you can file a claim through your employer.

This starts with notice to your employer within 30 days, then, if they deny your claim, a formal claim through the state within 2 years.  Juries do not decide these cases, just the insurance adjusters and a special Workers’ Comp Judge.

Other Insurance

Business liability insurance, homeowners insurance, and other liability insurance protecting properties can cover accidents on those properties.  This or other insurance might cover your injuries if you file a claim against the defendant’s policy.

Lawsuits

However, if insurance refuses to cover you or the defendant is not insured, lawsuits may be available, too.  These also put the case before a neutral judge and jury – something insurance does not do – and they can result in punitive damages in some cases.

FAQs for Injured Victims in Hollywood, FL

Do You Need a Lawyer?

Yes.  Never trust the insurance company to take care of you; they have their own bottom line to watch out for.  Instead, your lawyers are obligated to look out for your best interests.

Should You Talk to Insurance Yourself?

No.  Always work with a lawyer to file insurance claims, assess settlement offers, and negotiate for better damages.  Do not sign anything or accept payment without speaking to us first.  Do not give recorded statements without checking with us.

How Long Do You Have to File a Claim?

Most injury victims get 2 years from the date of injury to file their claims in Florida.

Call Our Hollywood, FL Personal Injury Lawyers Today

Call (305) 614-2767 for a free case review with Graves Injury Law Firm’s personal injury lawyers.