When you have been injured by another person in an auto accident, medical facility, in a public place or private residence, you have the right to file a personal injury lawsuit against the responsible party to recover compensation for your injuries. After all, you might have suffered serious physical injuries that require costly treatment. During the treatment process, you will miss work, and possibly get laid off as a result of the non-work-related injuries. This means that you will not be able to take care of your family.
Fortunately, Florida laws make it possible for aggrieved parties to file personal injury lawsuits to get some form of justice. Read on to learn how to win a personal injury lawsuit in Florida.
Step 1: Collect and Preserve Evidence
After getting injured, the first thing you need to do is gather and preserve all evidence. Write down everything you can recall and take the contact details of any witnesses to the incident. Next, report the incident to the police or appropriate authorities.
As you gather evidence, consider taking pictures of the physical injuries on your body or the damage to your property. This will show that you were truly injured. Once you have all the necessary evidence, you can move to the next step.
Step 2: Hire a Competent Injury Lawyer
After gathering the necessary evidence, the next step is to approach a competent lawyer, like injury lawyers Lopez and Humphries, with your case. The lawyer will assess your case and advise you on the best way forward. The ideal attorney should have a lot of experience practicing law in the state of Florida. Be sure to check the number of personal injury cases a lawyer has handled over the years and compare that to the number of similar cases handled by other attorneys.
What you are looking for is the most experienced legal representative to handle your case. To boost your chances of success, you should look for a lawyer with a high success rate with similar cases. Obviously, you want an affordable lawyer. Even if a lawyer is working on a contingency basis, you should compare the contingency fee charged by different lawyers and choose the most affordable attorney.
Step 3: File the Lawsuit
Once you have found the right lawyer and negotiated the contingency fee, the next step is to file the personal injury lawsuit. To win the case, you will need to prove three things. The first is that the defendant owed you a duty of care and failed in that duty. Secondly, you need to prove that the failure of that duty led to the injuries you sustained. Lastly, you need to prove that you suffered damages for which you are seeking compensation. Once you prove these three things, you can be assured of having your claim awarded by the court.
Step 4: Negotiate a Settlement
If you have a strong case, the defense team will try to end the case before full trial. They will make you an offer they think is reasonable. Your lawyer will negotiate with the defense in a bid to have them raise the offer significantly. If a reasonable settlement is reached, the case can be concluded out of court. At times, however, cases have to proceed to full trial.