Navigating Personal Injury Claims: Key Principles to Understand

When you’re involved in a personal injury incident, seeking legal representation is crucial. A skilled personal injury attorney will guide you through the complexities of your case, ensuring that you understand critical aspects from the outset. Let’s delve into the three main principles every client should discuss with their lawyer:

Liability

Liability is the cornerstone of any personal injury claim. Here’s what you need to know:

• Determining Fault: Your attorney will assess who is legally responsible for your injuries. This involves investigating the circumstances, gathering evidence, and identifying the negligent party.
• Modified Comparative Negligence: Florida follows a modified comparative negligence rule, which means that if you share fault in an accident your damages may be offset by your portion of fault, or the claim may be denied outright. Your lawyer will explain how this impacts your case.

Insurance Coverage

Understanding insurance coverage is vital for maximizing your claim. Consider the following:

• Defendant’s Insurance: Your attorney will explore the defendant’s liability insurance. If they lack coverage, it affects your potential recovery.
• Uninsured/Underinsured Motorist Coverage: If you’re injured in a car accident, your own uninsured/underinsured motorist coverage may come into play. Your lawyer will discuss its relevance.
• Property Owner’s Insurance: In slip and fall cases, the property owner’s homeowner’s insurance or business liability policy matters. If they lack insurance, your recovery depends on their available assets.

Potential Case Value

Understanding potential case value helps you make informed decisions.

• Quantifiable Damages: Your lawyer will calculate your medical expenses, lost wages, and other tangible losses.
• General Damages: These include pain, suffering, emotional distress, and diminished quality of life. Assigning a value to these intangibles is complex.
• Multiplier Method: Insurance adjusters often use a multiplier (typically between 1.5 and 5) to estimate general damages based on special damages. Insurance companies are likely to lowball the value of your personal injury claim.

Seeking a Second Opinion

If these conversations aren’t happening early and frequently, consider seeking a second look from a different personal injury attorney. Remember that in Florida, you have a two-year statute of limitations to file a lawsuit and preserve your claim’s value, so time is of the essence, and you should understand the potential value of your case long before this deadline comes due.

Conclusion

A proactive approach to your personal injury case ensures that you’re well-informed and prepared. Consult with an experienced attorney who prioritizes these principles, advocates for your rights, and helps you achieve the maximum compensation you deserve.

When the stakes are high, choose a law firm that combines experience, trust, and results. Brubaker Injury Law is more than just a legal team; they’re your allies in seeking justice, obtaining compensation, and holding those responsible accountable.

Reach out to them today for a free case evaluation. Call (800) 817-9301 or visit their website to schedule an appointment.