Aventura is home to dozens of personal injury lawyers eager to take on car accident, construction accident, and other personal injury cases. But when you’re suffering from a serious injury, you need a skilled personal injury lawyer on your side—not just someone who threw together an impressive website. Before you hire a lawyer, check his or her online reputation, and ask about previous results. Experienced personal injury lawyers should be able to give you a list of cases similar to yours, and will happily offer a detailed assessment of the value of your case.
So how do you decide how much your Aventura personal injury case is worth? And how can you tell if an Aventura personal injury lawyer has given you a reasonable estimate? Here are the elements of a strong Aventura personal injury case.
The value of your personal injury case is dependent on the damages you have incurred. In legal parlance, damages refers to the losses associated with your injury, such as lost wages, medical expenses, lost earning potential, and court costs. The higher your expenses are, the more injured you are, and the more convincingly you can demonstrate the two, the more likely you will be to get a large award.
Liability is the legal term for responsibility for your injuries. It’s not enough to prove that you were injured, or even to prove that the other party was there when you were injured. Instead, you must demonstrate that the other party is clearly liable for your injuries. This is not always as easy as it seems, particularly in cases where you allege that faulty products, failure to warn of a hazard, or negligent behavior played a role in your injuries. Recent court opinions may weigh heavily on whether you can demonstrate liability, so it’s important to choose an Aventura personal injury lawyer who is familiar with the ever-changing face of personal injury law.
Even if your injuries are compelling and you can clearly demonstrate that the other party is liable for your injuries, your case might not be very strong if the other party cannot afford to pay for your injuries. Individuals rarely have sufficient funds to cover catastrophic medical expenses, so if you allege that you were injured by an individual, you’ll be far more likely to see some money if that individual has an insurance policy. In some cases, your lawyer may look for secondary parties you can sue—such as manufacturers who constructed faulty seat bealts, businesses that failed to provide adequate security, or a governmental entity that constructed a dangerous road. If no such entity exists, your lawyer might turn your case away.
You can only win a personal injury case if the law is on your side. It doesn’t matter how unfair what happened seemed, or how injured you are. If you cannot prove that the law supports your claim, you will lose. For example, if a recent case limits the defendants you can sue, or if you file outside of the statute of limitations, you will have no possibility of recovery. This importance of attention to the details of the law is why it’s so important to hire a skilled personal injury lawyer. A case that seems strong on the surface might not actually be, and only experienced layer have the necessary skill to tell one type of case form another.
The law is blind to personal and emotional factors, but juries are not. If your case goes to trial, the jury may assess you personally. If your case is highly sympathetic, you may win more. For example, an injured child may earn more from a jury than a sullen adult. The way you behave in the lead up to your case also matters, so avoid picking fights with the other side, sending threats, or otherwise behaving in a way that makes you appear unsympathetic.
When evaluating your claim, the insurance company may also explore how sympathetic you appear. They may offer you a larger settlement if you are a highly sympathetic plaintiff, so bear in mind that your behavior is constantly being evaluated, and presenting yourself as a kind victim will benefit you more than behaving aggressively.
The lawyer you choose can be the single biggest factor affecting your case. If your lawyer is a well-known personal injury lawyer, his or her reputation alone might be sufficient to encourage the insurance company in your case to offer a higher settlement. Moreover, your lawyer’s legal acumen and skill will matter at every stage of the case. Skilled lawyers can accurately estimate the value of your case, offer suggestions about how to increase your odds of winning, and expedite the process of litigating your claim. Excellent personal injury attorneys are also highly adept at telling the jury a compelling story, and this alone can mean the difference between winning and losing your case.