Personal injury lawsuits are not always pleasant. Any money you win, through either a settlement or judgment, is money that an insurance company or individual is losing – and negligent parties and their insurance companies have many tricks to limit their liability. However, there are tips you should keep in mind to stay one step ahead and have a better shot at legal success. Working with Probinsky & Cole automatically provides you with experienced legal assistance that can advise you throughout your case. Our attorneys know these tips well and can assist in implementing effective strategies that lead to success in court or during negotiations.
Tip #1: Make Use of Technology for Evidence Preservation
One of the most effective ways injured Floridians can build their case – even before they contact attorneys – is by thoroughly documenting and storing evidence. However, not all evidence is created equal. If you go the extra mile to safeguard and authenticate digital proof, it makes it much harder for insurance companies to call this evidence into question and more likely that you will have legal success.
Immediately after an accident – when everyone is safe and out of harm’s way – use your smartphone to document everything. Take high-quality, unblurry photos of the accident scene, visible injuries, and property damage. Experts can piece together accidents after the fact, but it’s much easier if they have a deep understanding of the facts on the ground.
However, there is another key element of evidence that bolsters a personal injury case, and that is metadata. When you use the camera on your phone that has location settings active, photos and videos automatically include time and location stamps. Attorneys can use these objective pieces of data to clear up timeline discrepancies. You need unaltered copies of these files, as screenshots or emails to others can strip or edit the metadata of the image or video.
One simple way to retain unaltered files is by transferring them off the device to a hard drive or a cloud service. That way, there is no risk of accidental deletion or edits. Later, once you contact attorneys, provide them access to this valuable information so they can use it to verify your side of the story and gain the edge in negotiations.
Tip #2: Utilize Expert Witness Testimonies
Insurance companies often try to discredit personal injury claims by arguing that the injuries aren’t as severe as stated or that something else caused the incident. These large companies have experts who will do everything in their power to reduce payouts, so you need your own experts.
Personal injury attorneys have experience working with reputable expert witnesses that add credence to your case. Working off the evidence you preserve, these expert witnesses provide authoritative, fact-based explanations that counter insurance companies’ arguments.
Expert witnesses are not free, and not every case requires tons of witnesses to find success. However, it’s usually worth considering expert witnesses for severe accidents and large potential settlements. Probinsky & Cole will recommend the most effective strategy to secure compensation for your case.
Tip #3: Anticipate and Mitigate Potential Defenses
Even if you have strong evidence, the opposing party will likely use time-tested defense strategies to weaken your claim. If you keep these potential defenses in mind starting from the date of your accident, there is less chance that you slip up and make a mistake that weakens your case.
Always remember that Florida follows a modified comparative negligence rule. In simple terms, this means that your compensation is reduced by a certain amount if you are partially at fault for your accident and its occurrence. Anyone more than 50% at fault cannot receive any form of compensation.
Why does this matter? Basically, even if you are confident you will win your case, you should never provide any information to the other side that will increase your fault by even 1%. When a lot of money is at stake, a few percentage points can be thousands of dollars and cost you your legal success. Don’t post online about the case; ideally, don’t post any information about your activities at all.
Probinsky & Cole has assisted injured Floridians for decades, and we are ready to help you fight for what is right after your personal injury. Contact our team today to get started.
