Every auto accident case is different and revolves around its own set of circumstances, so we cannot say if you will win your personal injury case. However, there are several factors that may determine whether you will get compensation and the amount you will recover.
For a free consultation about your case, contact Montero Law Center at 954-767-6500.
Here is an overview of factors that affect whether you will “win” your personal injury case, and how those factors might affect what your personal injury case is worth.
Fault and Liability
The first factor your personal injury lawyer may explore is who was at fault for the accident that injured you.
Your case must establish that the defendant owed you a duty of care and breached it (i.e., acted negligently), which caused your injuries and damages.
For example, a drunk driver is in violation of his duty of care to operate a vehicle in a safe manner. If the drunk driver caused your accident, you may sue the drunk driver for damages.
Of course, your case depends on your ability to prove liability. Some of the evidence we may use to prove liability includes:
- Police and accident reports
- Eyewitness testimony
- Accident reconstruction specialists
Partial Fault & Comparative Negligence
Even if you were partially at fault, you may still be eligible for compensation. As long as someone else is at least partly at fault, you can still recover a portion of your damages.
Florida follows the doctrine of pure comparative fault, which reduces the amount of compensation you receive in proportion to your percentage of fault. For example, if you were 10 percent at fault in a wreck in which you sustained $50,000 in damages, the law will reduce your damages by ten percent to account for your 10 percent of fault. Your recovery will be $45,000.
We can help you fight allegations of partial fault and prove the other party should be liable for all your damages.
Contact us today at 1-954-767-6500 to learn more.
Your personal injury lawyer will work to determine and prove all of the damages you are seeking. Some of the damages that are recoverable in a personal injury case include:
- Medical expenses to treat your injuries
- Physical therapy
- Vocational rehabilitation
- Assistive devices
- Lost wages and other income
- Long-term effects on your life and ability to earn an income
- Pain and suffering
- Emotional distress
How to Get Help with Your Personal Injury Case
The personal injury team at the Montero Law Center will evaluate your case and help you take legal action to fight for compensation. Please call us today at 954-767-6500 to schedule your free, no obligation consultation.