It’s one of the first questions our clients ask when they call our Pensacola offices: “What are my chances of winning my Pensacola, Florida personal injury case?”
The answer depends on several determining factors, including the circumstances of your case, the case precedent, and the skill and experience of your Pensacola personal injury lawyer.
To help give you a foundation for personal injury case analysis, we’ll explore case factors in detail. After reading, you can then make the best choice in your specific injury case circumstances.
Florida Personal Injury Case Facts
Before we delve into the factors influencing personal injury case success, let’s explore the facts surrounding Florida personal injury cases:
- There are over 250,000 car accident-related personal injuries each year, according to the Florida Department of Highway Safety and Motor Vehicles.
- The statute of limitations for personal injury cases in Florida runs for four years from the date of your injury event.
- National Floor Safety Institute data shows slips and falls account for over 1 million emergency room visits across Florida each year.
- Since 2010, injuries related to large truck accidents in Florida have increased by 96%, according to Lawyer Monthly.
Evidence in Florida Personal Injury Cases
The volume of evidence will play a crucial role in determining the success of your injury lawsuit.
When evaluating your case, your personal injury lawyer will explore the available evidence. Then they will help you collect further evidence to validate your injury claim, should they take you on as a client.
- Accident reports
Accident reports completed at the scene of your injury can help verify the chain of events leading to the accident. Therefore reports hold great value under the law because they are unbiased accounts of the actions each person involved took. Accident reports often include witness statements. They also may include pictures and diagrams explaining the sequence of events.
If you’re having difficulty finding your accident reports, ask your personal injury lawyer to contact the local law enforcement agency.
- Medical records
Medical documents proving your injuries will help significantly increase your chances of winning a personal injury lawsuit. To qualify for medical benefits and PIP coverage, Florida Statute 627.736 states you must seek medical treatment within 14 days of your accident.
Medical records link the accident and your injury, and will include x-rays, ultrasounds, and physical examination notes.
- Hospital bills
Closely linked with your medical records, hospital bills show the amount spent on your treatment. When seeking personal injury compensation, presenting clear medical bills itemizing your treatment can make it difficult for the opposing party’s insurance company to counterclaim.
The Role of a Personal Injury Attorney in Your Case
The complexity of Florida personal injury law and the depth of knowledge required to negotiate an injury case claim means you have a far higher chance of winning your case if you hire a Pensacola injury lawyer.
Your personal injury lawyer should offer the following:
- A clear fee structure
Most personal injury lawyers work on a contingency basis. So you only pay legal fees if the lawyer wins your injury case and achieves a settlement. Their fee is a percentage of the settlement amount. Therefore, when you consider personal injury lawyers for your case, ensure they set a clear fee structure. You should also have documentation outlining the contingency fee.
- Experience in similar injury cases
If you’ve been in a truck accident and you’re in legal discussions with the trucking firm’s insurance company, you need a lawyer with significant experience in truck accident cases. Personal injury law is a niche legal area, with several sub-niches in which a legal representative should have experience.
Firstly, ask potential injury lawyers for their experience in the case area. Then, ask for clear examples of strategies they used to win these cases.
- Client reviews
The personal injury lawyer you select for your case should have a broad range of reviews. Their client reviews will showcase the lawyer’s working process and highlight the day-to-day experience you can expect should you select their services.
Read several positive and negative reviews to get a clear picture of their expertise.
Comparative Negligence in Pensacola Injury Cases
Florida is a comparative negligence state. As a result, if you are found partially at-fault for your accident, your economic and non-economic damages can be reduced proportionally to your degree of fault.
Your personal injury lawyer will go over comparative negligence with you in detail.
Legal experts provide immense value, for example, when analyzing comparative negligence in car accident cases. The opposing party’s legal team might argue you could have taken evasive action to avoid the accident. They’ll try to limit their client’s level of negligence.
Your legal team will explain your actions and show how the opposing party’s negligence caused the impact. This legal expertise can help you maximize your claim to compensation for your pain and suffering.
Secure Your Legal Rights with the Law Office of J.J. Talbott
Hiring a skilled personal injury lawyer to represent you is the best strategy for securing a fair settlement in your injury case.
You likely have several questions about your personal injury case and want to learn more about your settlement options.
Let J.J. Talbott guide you.
You can begin with a free personal injury case review. During your case review, you’ll get to know the Law Office of J.J. Talbott, and we’ll provide clear guidance regarding the road ahead for your personal injury case.
To speak with a Pensacola, Florida personal injury lawyer today, call the Law Office of JJ Talbott.