When you’re hurt in an accident, it can make it almost impossible to fully recover and get your life back on track. Not only will your physical health suffer, but so will your finances. Making a full financially recovery isn’t always easy to do. But, under Florida law those who are hurt in an accident do have rights.
In fact, you have the right to seek financial restitution for your injuries – beyond what an insurance company may initially offer you.Proving Fault
However, in order to receive restitution, you’ll have to be able to show that
your injuries were caused by the reckless or negligent actions of someone else. This can mean a lot of different things, but it often refers to actions like drunk driving, speeding, or failure to maintain a safe working environment for employees.
No matter the specific type of accident, an attorney will be vital for proving that you’re owed compensation. The insurance companies and the lawyers for them and the other party involved will do what they can to prevent you from getting a dime more than they have to pay – and your lawyer will be the key to standing up to them and their bullying tactics.
But how does an attorney go about proving that you’re owed compensation, exactly? There are various ways that they’ll go about it, but some of the most common things they will use include:
• Accessing mobile phone records
• Pulling security camera footage from cameras in the area
• Reviewing driver histories or the safety records of a property
• Statements from witnesses
• Police accident reports
• And more
In some cases, your attorney may even take steps to
recreate the accident with help from professionals in the field. The main thing will be in showing that the other party acted in a negligent or reckless manner, and that those actions are what directly led to your injuries.
Some Cases Are More Complicated Than Others
This is often much more difficult in premises liability accidents – slip and fall or work related injuries, in other words. This is because in these situations it must be shown that the property owner was fully aware of a safety risk and that they did nothing to warn others about it or that they did nothing to correct the issue.
For instance, if a handrail becomes loose and turns into a safety problem, and if that handrail then falls and causes an accident, you must show that the property owner or manager knew the issue was there. If they have no knowledge of the problem, they can’t be held liable for the injuries.
Still, despite the challenges, the fact is that an attorney can often show that your injuries were the result of someone’s negligence.
Helping Them Prove Fault
There are also some things that you can do to help your attorney prove that you are not responsible for the events that led to your injuries and that the other party acted negligently. Specifically, these are steps you can take:
• Keep all receipts and information related to your accident and injuries
• Keep records of time you missed at work
• Take photos of the accident scene
• Get names of witnesses
• Be honest
That last point is very important. Above all else, you need to be totally honest with your attorney. This way, you can ensure that they have the information they need to make the right decision and take the rights steps for getting you what you deserve. Often, your case will end in a settlement that is negotiated without going to court – but without a good lawyer and your honesty, it can be very hard to prove fault at all.
