Determining Whether You Have a Personal Injury Claim
If you’ve suffered an injury or loss, our firm can help you determine whether you have a legal claim. Not every injury results in a case, but many do when another party’s negligence contributes to the harm. Consulting a legal professional is the best way to understand your rights. Our attorneys offer free case evaluations and are available to speak with you anytime.
Key Questions to Consider
Were You Injured?
To pursue a personal injury or wrongful death claim, you must have experienced a physical injury, emotional harm, or financial loss. Examples of compensable damages may include bodily injuries, emotional trauma, medical expenses, lost wages, and the inability to earn income. If these losses were caused by someone else’s negligence, you may have a viable claim under Florida law.
Was the Injury Caused by Negligence?
Negligence, generally, is defined under Florida law as failing to exercise reasonable care or taking actions that a reasonably careful person would not take in similar circumstances. The definition can vary depending on the type of claim. If your injury or loss resulted from another person’s or entity’s negligent conduct, you may have a claim, but it is important to speak with an attorney to evaluate the strength of your case and potential defenses.
Can the Injury Be Proven?
Evidence is essential. Insurance companies often gather information immediately after an incident, and you should do the same if you plan to pursue a claim. The sooner you consult an attorney, the better, as critical evidence may be lost or become unavailable over time. Supporting evidence can include photographs, videos, medical records, witness statements, and other documentation.
Do You Need an Attorney?
If you are considering a personal injury or wrongful death claim, or have questions about your options, consulting an attorney is crucial. Our law firm is here to guide you through the process and protect your rights.
Should You Settle or Go to Trial?
The decision ultimately rests with you. Most cases are resolved through settlement, but a trial may be necessary if the parties cannot agree on the facts or a fair resolution. A skilled trial attorney can help maximize your settlement potential and ensure your case is prepared if it proceeds to court. Your attorney will discuss settlement offers, trial costs, and the likelihood of success to help you make an informed decision.
What Happens If You Go to Trial?
Trial is often seen as the final step in a case, but it’s possible for cases to settle during trial, after trial, or even on appeal. Some cases may require multiple trials. Throughout the process, your attorney will keep you informed and involve you as needed to provide input and guidance.
Next Steps
For a free consultation, contact Viñas & DeLuca at 305-372-3650 or send us a message, and a representative will reach out promptly.
Viñas & DeLuca, PLLC, is a team of experienced trial attorneys specializing in personal injury and wrongful death cases. If you or a loved one has been harmed due to someone else’s negligence, we are here to help you seek justice and the compensation you deserve.