Do I have a valid claim?
For you to have a valid personal injury claim, another party’s negligence must have been the cause of your injury. Negligence just means that the other party performed an action or did not perform an action that led to your injury.
Examples of negligence include anything from a doctor’s failure to diagnose a patient with a disease to a truck driver falling asleep at the wheel. Other examples may be drivers that hit pedestrians or business owners that do not provide proper lighting inside stairwells or fail to warn customers of hazards on the property.
While your liable party will likely be an individual or a business, schools, cities, and other government entities can be liable for negligence as well. Often, schools may fail to supervise children who end up suffering an injury, or cities fail to repair dangerous conditions on sidewalks or public areas.
It is important to note that you do not have a claim if your injury did not cause you to suffer damages. For example, if you slipped and fell at the grocery store but only ended up with bruises, you do not have a valid claim.
Damages are anything the accident cost you. This might include medical bills, lost wages for time you had to take off work, and any pain and suffering you felt. You might have a valid claim if you slipped and fell at the grocery store, suffered a concussion, and needed to take three weeks off work to recover.
How do I prove someone is responsible for my accident?
Proving someone else was negligent and therefore responsible for your accident requires immediate action. We must collect evidence quickly before someone cleans up the scene, memories fade, or dishonest parties destroy evidence.
Evidence we will obtain use to prove negligence includes:
- Incident/accident reports
- Video surveillance
- Eyewitness statements
- Photographs of an accident scene
In certain types of accidents, such as truck accidents, the defendant has the evidence we need. In these cases, we send a letter of spoliation to ensure the defendant preserves and hands over the evidence we request.
Is it possible to recover compensation without proving negligence?
Yes, but only in rare cases. For example, companies that put defective or poorly designed products on Palm Beach shelves may be liable to you for the injuries that these products cause — even if the manufacturers were not negligent. Because it is almost impossible to prove a manufacturer’s negligence, the law only requires you prove the following:
- The product was defective/unreasonably dangerous when it left the manufacturer.
- You did not alter the product substantially after you received it.
- You were using the product as the manufacturer intended.
- The defect caused your injury.
- You suffered damages.
We will look into the grounds under which we could hold the manufacturer accountable.
How much is my case worth?
We cannot give you a specific answer until we have examined your injury and what it cost you. We will look at many factors to determine the value of your injuries.
However, in most injury cases, you can recover compensation for:
- Medical bills
- Future medical care
- Lost wages
- Lost earning capacity
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Depression, anxiety, and post-traumatic stress disorder that stemmed from the incident
- Miscellaneous injury costs (e.g., parking fees at doctor’s appointments, the cost of renovating your home or car to accommodate your disability)
It is important that the insurer or jury sees how your life has changed as a result of your accident. Using expert witnesses, videos, or testimony, as well as your medical records, we can paint a picture of the difficulties you are facing because of your injuries.
Call us for a free consultation in Palm Beach today.
If you or a loved one suffered injuries in Palm Beach because of someone else’s actions, make sure you have attorneys that can help you every step of the way.
The lawyers at the Law Firm of Anidjar & Levine will handle your case from start to finish. We will:
- File your claim with the at-fault party
- Handle all communication with insurers (this ensures you do not fall prey to the insurance company’s tactics to reduce your settlement or deny your claim)
- Gather all necessary evidence and present it compellingly
- Negotiate with the insurer
- File suit if the insurer does not agree to offer you a fair settlement
We can help you obtain the compensation you and your family deserve. Contact us today at 888-494-0430 for a free consultation to discuss your personal injury case.