What to Consider When Evaluating Your Personal Injury Case – Before Calling an Injury Lawyer
In Florida, before you call an injury lawyer, you can determine whether you have a case depending on two general factors: One, did the accident occur due to someone else’s negligence? This is what’s known as liability. And, two, were you injured or harmed in any way by the accident?
Here are 3 quick questions to consider when evaluating your personal injury case:
1. Did the accident occur due to someone else’s negligence?
Sometimes accidents just happen and it’s nobody’s fault. Maybe we were just careless and not watching what we were doing. However, when you are injured due to the negligence of another, you may have a case. Negligence simply means “the failure to use due care,” and in Florida, that concept generally turns on what is reasonable under the circumstances. If another person failed to use due care and thereby caused you to become involved in an accident, you should speak to a lawyer to protect your rights.
2. What if I was also at fault?
Even if you were also partially to blame for the accident, you may have a case. Florida is what’s known as a “comparative fault” state. That means that even if you were partially at fault, your percentage of negligence reduces your overall damages. So, for example, if you were awarded $100,000.00 in damages, but you were 20% at fault in causing the accident and your own injuries, 20% would be deducted from the $100,000.00, leaving you with $80,000.00.
3. Was I injured or did I incur damage as a result of the accident?
Even if someone was negligent, there is only a claim if that negligence caused you harm or damage. No harm, no foul. So, if there are no damages, there is no claim; it is an essential element of a claim. However, if you sustained property damage or bodily injuries as a result of an accident, you should speak to a lawyer to protect your rights.
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The information on this website is for general information purposes only and is not intended to create an attorney-client relationship. Nothing on this site should be construed as legal advice for any individual case or situation.