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What Criteria Do Lawyers Use in Accepting Personal Injury Cases in Florida?

Generally, personal injury cases are worked on by lawyers with a contingency fee contract. Thus, the lawyer only get a fee if he or she collects money for the client. So the criteria used by the lawyer would involve the likelihood for success with any given case.

What makes a case more likely to succeed?

To prove a case, there must be three basic elements: Liability, Damages and Legal Causation. The perfect case would involve a scenario where the other party is at fault, the client has clear damages that are large and where the damages were clearly caused by the accident. There is one other practical thing that is needed: insurance! Unfortunately, there are many cases where someone is injured by another who has no insurance and the person is judgement proof. In those cases, while the client has a viable case in court, there may be no means of collecting the verdict!

Just because the other car has a large insurance policy or your fall and are injured at a large department store with a lot of insurance does not mean that you will automatically get a lot of money. You must still prove they are at fault, that you have damages and that those damages were caused in the accident.

I have accepted some cases where client has a moderate or large injury, even though I believe the client may be partly at fault. As discussed on other blogs, in Florida we have comparative fault; thus, if a client is found 25 percent at fault, their damages are reduced by 25 percent but they can collect 75 percent from the at fault party.

There are a lot of factors that come into play and this blog entry just covers the basics. If you have a case that you would like to discuss, please feel free to call the law firm.

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