The signs you have a strong personal injury claim

If you have been injured by someone else’s negligence, you may wonder how to know if you have a strong personal injury claim. While you can contact a West Palm Beach personal injury lawyer with Lytal, Reiter, Smith, Ivey & Fronrath to discuss the strengths of your case, it can be helpful to have an idea of what to look out for from the beginning.

Clear liability

Liability is one of the biggest factors in a personal injury case. You can have everything documented perfectly, but if that evidence does not establish the other party’s liability, it will not get you very far in recovering compensation. Several legal concepts can affect who is determined liable.

One significant factor in liability is Florida’s modified comparative negligence laws. You may recover compensation only if you are found 50 percent or less at fault for the accident, and your recovery is reduced by your percentage of fault.

Admission of guilt

Statements made at the accident scene can sometimes support a personal injury claim, but they are rarely decisive on their own. Courts and insurance companies look at the full context of what was said and how it relates to other evidence.

Comments like apologizing or saying you did not see someone may be considered alongside other facts, but they do not automatically establish fault. These statements are most effective when supported by physical evidence, witness statements, or accident reports.

Sound components of negligence

Most personal injury claims are based on negligence. To succeed, four components generally must be supported by evidence. For example, if you were stopped at a red light and another driver struck your vehicle while making an illegal turn, negligence may be established through the following elements.

• Duty of care: The responsible party must have owed a duty to act reasonably, such as following traffic laws to protect others on the road.
• Breach of duty: A breach occurs when that duty is violated, such as by making an illegal turn or ignoring safety rules.
• Causation: There must be a clear connection between the breach of duty and the accident or injury.
• Damages: The accident must have caused actual harm, which may include medical expenses, lost income, or other measurable losses.

If any of these elements cannot be supported, the claim may be weakened or unsuccessful. For instance, if no traffic laws were violated or no injuries resulted from the incident, there may be little basis for a personal injury claim.

You sustained significant injuries

The severity of an injury often affects the strength of a personal injury claim. While minor injuries may still support a claim, cases involving more serious or lasting harm are typically easier to demonstrate and value.

In Florida, injury severity can also determine whether a lawsuit is available at all, particularly in car accident cases involving no-fault insurance. Significant injuries often result in higher medical bills and longer recovery periods, which can strengthen claims for both economic damages, such as medical expenses and lost wages, and non-economic damages, such as pain and suffering.

You have strong evidence

Strong evidence is a vital component of any successful personal injury claim. Documentation that clearly shows how the accident occurred and how it affected your life can significantly strengthen your case. Evidence may come from several sources.

Take photos

Photo evidence can go a long way toward showing injuries and the extent of property damage, and giving others a clearer picture of what happened. It is helpful to take photos of the vehicles involved, any marks or debris on the road, and even the surrounding area at the accident scene.

Additionally, you can take photos of your injuries immediately after the accident and as they heal. These photos can support your claim regarding the extent of the injuries and justify treatment.

Seek medical care

It is good practice to seek a medical evaluation immediately following an accident, both for your health and to create medical records that document your injuries. Prompt medical treatment can help you identify injuries that may be masked by adrenaline or delayed until inflammation develops. Evaluations and treatment notes from medical professionals help establish the severity of injuries and connect them to the accident

Call the police

In most cases, Florida law will require you to report a car accident, but it can be helpful to call and file a report in other injury cases as well. Calling the police will typically trigger them to create a report that will document what happened, identify potential witnesses, and may include other evidence collection. You can pick up the report from them later to add to your documentation.

Call the team at Lytal, Reiter, Smith, Ivey & Fronrath to help you develop a strong personal injury case

If someone else’s negligence has left you injured, you need the help of an experienced personal injury attorney. Whether you are confident that your case is strong or you are reaching out for help to bolster your claim, we are here.

Call us today at (561) 655-1990 or schedule a free consultation online.