treatment recommendations, proof of mental anguish, out-of-pocket expenses, and a proposed calculation for pain and suffering, among other things, in their determination of how to value the case. An experienced personal injury attorney knows what documents are needed and what arguments need to be made to maximize and support the valuation of their client’s claim. Most personal injury attorneys can be retained with a signature on a contingency fee agreement. This means that you will not owe your attorney fees and costs unless they win with either a settlement agreement or at trial. In most personal injury cases, the attorney will be owed a percentage of the settlement proceeds for attorney’s fees, plus costs incurred in pursuing the claim. How Do You Prove a Personal Injury Claim in Florida — and What Evidence Do You Need? Personal Injury claims can be proven in a variety of ways. Testimony of the parties, witnesses, and experts; medical records; medical bills; lost wage documentation and testimony; photographs, videos, phone records, etc. Prior to filing the lawsuit, proving up the claim relies heavily on the documented evidence, whereas after a lawsuit is filed is where more testimonial evidence is presented. However, in a case like a medical malpractice case, for example, experts must be retained at the beginning of the claim to properly put the other party on notice of the claim under Florida law. Being well-versed in the rules of evidence to assure that the proper foundation is laid to allow the evidence to be admissible is critical. What Should You Do in the First 48 Hours After a Personal Injury in Florida? In a Florida Personal Injury claim, your health is of the utmost importance. Seeking medical attention as early as possible is important. If you are able, it will be very helpful to your claim to gather information at the scene of the incident like names of witnesses, insurance and contact information from the other party, photographs and/or videos, taking notes on statements that are made and who made them, making a list of providers that you are seeking medical treatment with, and calling police to the location of the car accident, and while it is not required to retain an attorney in a personal injury claim, having their experience on your side, fighting on your behalf, especially with no upfront fees or costs, may give you some peace of mind and ensure you are exhausting all avenues to maximize the value of your claim. What Is Florida’s Comparative Negligence Rule — and How Did the 2023 Tort Reform Law Change It? The comparative negligence rule in Florida has undergone some major WWW.LAWYER-MONTHLY.COM 15 Florida’s No-Fault laws ensure injured people can get medical treatment immediately, without waiting for insurance companies to decide who was at fault.
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