The Insurance Research Council revealed that accident victims who have an attorney work for them get 3.5 times more money in settlements than those who negotiate with insurance companies on their own.
If you have been involved in an accident, you need legal representation, especially in a place like Aventura. The place is home to the third-largest mall in the United States. Aventura also has plenty of high-rise apartments and single-family homes.
Though the population is small, accidents do happen. In such instances, an Aventura personal injury lawyer will be of great help.
Before you hire an attorney, you should know what factors they will consider before deciding whether to represent you or not.
In this blog post, we’re going to discuss six things a personal injury attorney looks for before accepting your case:
- When and Where the Accident Happened
- How the Accident Happened
- The Severity of Your Injuries
- Evidence You Have
- Consider Whether the Liable Party is Insured
- Measures You Have Made
When and Where the Accident Happened
During the initial consultation, your personal injury attorney will ask you when and where the accident or injury took place. This is a crucial thing, as personal injury laws vary from state to state.
For instance, in Texas, you have four years from the date of the injury to file a case, whereas in California, you only have two years.
How the Accident Happened
Another thing is that an experienced attorney will want to know how the accident or injury occurred. It helps them find out who is legally responsible for your damages and if you have a valid legal claim. To prove liability, you should show that the other party was negligent, meaning that they failed to act with reasonable care and harmed you.
For instance, if you were injured in a car accident, you can easily prove that they were negligent and responsible for your injuries.
If you slip and fall on the wet floor of a supermarket, you need to prove that the store owner knew or should have known of the danger and did not warn you about it.
The Severity of Your Injuries
Before taking your personal injury case, your attorney will consider the severity of your injuries and how they impact the quality of your life. It will help them estimate the actual value of your personal injury case and the amount of compensation you can get. Usually, a victim who has severe injuries can get more compensation.
For instance, if you sustained an amputation or a traumatic brain injury, you can get compensation for
- Your past and future medical expenses
- Lost earnings
- Reduced earning capacity
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
If you have a minor injury, like a bruise or sprain, you can claim compensation only for your medical bills and lost earnings.
The Evidence You Have
The attorney will check the evidence you have collected. Evidence helps them prove the facts of your case and the severity of your damages. The more evidence you have gathered, the stronger your case will be. The following evidence will support your personal injury claim:
- Police reports
- Medical records, bills, receipts, or prescriptions
- Photos or videos of the accident or injury
- Witness statements and testimonies
- Expert opinions and reports
- Other documents, records, or items that are relevant to your case
Consider Whether the Liable Party is Insured
A personal injury attorney should check whether the liable party is insured or uninsured. For instance, if you were injured by a negligent driver who has no insurance or insufficient insurance, you would find it difficult to get compensation.
Likewise, if you were injured by a driver who has sufficient insurance, then your attorney will negotiate a reasonable settlement with their insurance adjuster.
The Measures You Have Taken
Finally, your attorney will check the measures you have taken after the accident or injury. It shows whether you have done everything possible to protect your rights and minimize risks. Below are some steps you should take after an accident or injury:
- Get medical care as soon as possible and follow your doctor’s advice
- Reporting the accident or injury to the police
- Not signing any documents or admitting fault
- Not discussing it with the liable party or their representatives without a lawyer
We hope our article has helped you know what factors an attorney will consider before taking your case. This can make your legal proceedings easier. Being aware of these factors increases your chances of receiving better compensation.