Orlando Personal Injury Lawyer

How Our Orlando Personal Injury Lawyers Can Help Your Case

If you have been injured in an accident in Orlando, you might be wondering if you have a personal injury case. If you are unsure of how to go about getting compensation for your injuries, or if you have been injured in an accident and need help getting compensation, our personal injury lawyers can help you recover the compensation you deserve. To ensure your case gets off to the right start, here are some steps to take when considering how to proceed with a personal injury claim:

Gather Evidence

It is important that you gather as much evidence as possible from the scene of your personal injury in Orlando. You can take pictures and videos with your phone and write down any witnesses’ names and contact information you can. If there were any police officers on the scene, the details of your accident should be contained in their report, which you can obtain from the law enforcement agency that investigated your accident. The more evidence of your injuries you can gather, the better chance you will have of recovering compensation without unnecessary setbacks.

Determine Fault

Our team can also help you determine who was at fault for causing your injuries. This will be important when calculating damages in your case because it will help determine how much money you can recover from the person or company responsible for your injuries. Many personal injuries are complex, and fault might not be obvious at first glance. For instance, if you were injured in a car accident caused by a commercial vehicle, you can usually sue the driver and their employer, even though their employer might not have directly caused your accident.

Calculate the Value of Your Case

Once you know who was at fault and have gathered all of the relevant evidence, our firm will be able to help you make an accurate estimate of how much money you might be able to recover from your personal injury claim. This is important so that you do not settle your case for less than the amount your injuries demand. Calculating a personal injury lawsuit takes more than just adding up the financial losses since a value can also be placed on your psychological suffering.

Negotiate with Insurance Companies

We can also help negotiate directly with the insurance company in order to obtain fair compensation in your case. Our team can help you understand the process and ensure that your rights are protected. It is important to know when it is appropriate to speak with the insurance company and what to say. Most insurance companies will look for any justification to deny your claim. However, working with an attorney can give you a significant advantage as most insurance companies will not want to risk an insurance claim turning into a lawsuit.

Filing Your Lawsuit

However, if it becomes necessary for you to file a lawsuit against another party for damages, we can prepare and file your lawsuit, as well. Our team will draft your complaint, take care of legal fees, and ensure that your case is filed in the right court and properly served on the defendant.

Proving a Personal Injury Lawsuit in Orlando

To recover compensation in an Orlando personal injury lawsuit, you will need to prove four elements, which include duty, breach, causation, and damages. Failure to prove just one of these elements will mean you have not shown that the other party was at fault for your injuries. Thus, it is critical to know what you will be required to prove when pursuing compensation.

Duty

Duty refers to the legal obligation that one person owes to another. For example, all drivers have a duty to other drivers on the road to drive safely and follow traffic laws. If a driver breaches this duty by speeding or failing to stop at a stop sign, they can be liable for damages caused by the accident. Another common example is medical professionals who have a duty to their patients to provide them with the care another medical professional would.

Breach of Duty

Breach of Duty means that the defendant did not live up to their duty under the law. For example, if a driver fails to stop at a red light and causes an accident, the actual violation will be considered a breach of their duty not to violate traffic laws.

Causation

Causation is the most challenging element to prove since you must establish that the defendant’s actions caused your injuries. This typically means showing that other parties or even the plaintiff are not at fault or the damages were not caused by another accident or previously contracted condition. However, if you can prove that but for the defendant’s actions you would not have been injured, you will have satisfied this requirement.

Damages

The final element to show is damage. This is typically done by submitting your medical bills and records of lost wages. However, you might have therapy or other records that illustrate the non-financial damages you suffered.

Evidence Used to Prove a Personal Injury Case in Orlando

The plaintiff has the burden of proving their case. To do this, you must present evidence that can be verified and authenticated by the court. This evidence can be presented in many different forms, but typically it consists of the following records:

Medical Records

These documents show which medical treatments were received and the prognosis for recovery from an injury. They also show whether or not an injury has caused permanent damage for which you will need future compensatory damages.

Accident Reports

Accident reports provide information about how an accident happened and who was involved in it. They also show whether or not anyone was injured during the incident, how badly they were hurt, where they were when it happened, and whether or not any witnesses were present at the scene.

Photographs and Videos

Many accidents happen at intersections or other public places where other people might have been present at the time of the incident. Photos and videos can help show what happened before, during, and after an accident occurred, which will greatly support your testimony later.

Our Orlando Personal Injury Lawyers Can Help

Call The Law Offices of David I. Fuchs, Injury & Accident Lawyer, P.A. at (954) 751-4258 for a free assessment of your case with our personal injury attorneys.