If you are injured because of the negligence of another, you may begin to analyze your case with the more obvious aspects of an injury lawsuit. Was someone negligent? How? Were you injured? How badly?
But often overlooked is the issue of collectability. Collectability is your ability to collect a judgment that is entered in your favor. Being awarded millions of dollars can be an empty victory if the defendant has no funds to pay the verdict entered.
In many personal injury cases, a negligent defendant will be in possession of crucial evidence, often for a long period of time before it has to be turned over. This may include a product that allegedly malfunctioned, witness reports, or photos of an accident scene.
You may wonder what is to prevent a defendant, who knows he was negligent, and knows that a lawsuit may be coming, from simply “losing” or destroying crucial evidence? And if it happens, how does an injured plaintiff prove their claim?
In any injury lawsuit involving a corporation, taking depositions of officers of the negligent party is an essential part of winning a case. As you may imagine, most defendants are not crazy about having their employees and officers sit for deposition. But a new case makes the process much easier, and leaves less room for corporate defendants to evade depositions.
It has always been the case that a party can depose certain employees simply by noticing them.
If you have been injured as a result of someone else’s negligence, it’s likely that you can find an attorney to take your case, regardless of your financial situation. That’s because unlike many areas, in personal injury, attorneys are often paid on contingency. That means that you don’t pay them until and unless you win or settle your case.
Contingency fee arrangements serve an important role for Florida consumers—they ensure access to courts. Someone who is injured does not have to worry about paying $100-$400 per hour for a qualified attorney, ensuring that even those with limited financial means can still hire the best attorneys in the state to represent them.
But an upcoming Florida Supreme Court case could put this fee system in jeopardy. It’s a case that Florida consumers should take an interest in.
Usually when the Florida Supreme Court adopts new procedural rules, they are of most concern to attorneys, and don’t have as much impact on injured individuals. The rules are procedural, and usually dictate how the lawyer must practice.
But the Florida Supreme Court has adopted a change to Florida’s appellate rules that’s worth noting because it could have an immediate and direct impact on injured victims who want to sue negligent government entities.
Many families in Florida admirably and nobly care for children with mental disabilities, even into the child’s adulthood. Doing so can be a huge obligation, financially and emotionally.
Many of those children may have disabilities that make them dangerous. What responsibility does a parent of a dangerous adult child have towards others? And if you’re injured by an adult, what right do you have to sue the child’s parents if they knew the child was dangerous?
One case decided earlier this year has set some guidelines on these questions.
If you are injured and file a lawsuit for damages, in many cases, the other side may settle with you before a trial is needed. In return for paying you damages for your injuries, the negligent party often may want a confidentiality provision in your settlement agreement.
A case from earlier this year demonstrates how seriously defendants can take these confidentiality agreements. It also demonstrates how mindful everyone must be in an age of social media.
In disputed injury cases, getting evidence that may be difficult to obtain can be the difference between winning and losing. When we think of evidence, we often think of witnesses and medical records and maybe even video camera recordings. But we often don’t think of cell phone records as evidence in injury cases.
We often think of the information on our cell phones—texts, emails, pictures, schedules, etc.—as our private information. Because of that, we write very candid things on our phones, not expecting that the world could ever see them.
If you are injured in an accident, it is very possible that it may not be the first injury you’ve ever sustained. As we go throughout our lives, and our body ages, we may well have medical problems, whether they are related or not to negligence. But those prior injuries or conditions can cause complex issues in a personal injury case.
One way that defense attorneys who represent negligent parties try to defend cases is on the basis of causation. Even if someone is negligent, it must still be demonstrated that their negligence actually caused your injuries.
In all kinds of cases, witnesses can provide vital information that can lead a jury to enter a verdict for damages in favor of an injured person. Witness information is of particular importance where facts are disputed. A single witness, especially neutral witnesses with no stake in the outcome, can be the difference between recovering for an injury and being left with nothing.
In many cases, witnesses voluntarily come forward. For example, someone who witnesses a car accident may remain on the scene, and provide their contact information to an investigating police officer, or a treating doctor may be expected to be called as witnesses.
But what about witnesses that may not have come forward voluntarily? Or aren’t even aware they have information to provide? How does someone who is injured get their information to call them to testify at an injury trial?
Miami Accident Lawyer Blog