Martin County Personal Injury Attorneys | Accident Lawyers
It’s never easy to cope with the physical pain and emotional trauma caused by a sudden accident. This is especially true when another person’s careless or negligent conduct was to blame. Our Martin County personal injury attorneys understand the adversity you’re facing. We have the experience and resources to help you pursue compensation for medical bills, lost income, pain and suffering, and other damages.
No matter the potential size of your claim, we will prepare as if we are going to trial. Our lawyers will conduct a thorough investigation, gather evidence, take the necessary steps to mitigate disputes, and aggressively fight for the settlement or verdict you deserve. To discuss your situation in a free case review, call 772-266-5555.
What Kinds of Personal Injury Cases Does Donaldson & Weston Handle?
- Car Accidents
- DUI Accidents
- Pharmacy Errors
- Nursing Home Abuse and Neglect
- Elder Abuse
- Motorcycle Accidents
- Burn Injuries
- Brain Injuries
- Boating Accidents
- Bike Accidents
- Civil Assault
- Wrongful Death
- Other Personal Injuries
Does My Personal Injury Case Have Merit?
Although each personal injury case is unique, there are certain elements that must be proven in all such cases in order to win a settlement or verdict. Those elements are liability and damages.
In the context of personal injury law, “liability” means a defendant is legally responsible for the damages incurred by the claimant. In most cases, liability is established by proving how the defendant breached the duty of care owed to the claimant (or to the decedent in the case of wrongful death). This breach of the duty of care is called “negligence.”
Under some circumstances, liability can be imposed without a finding of fault. This is called “strict liability.” For example, product manufacturers may be held strictly liable for injuries caused by defects within their products. That means you wouldn’t necessarily have to prove that the manufacturer was negligent in order to recover damages in a product liability claim.
Most personal injury cases are filed on the basis of negligence. After proving negligence, it must be shown that the breach of the duty of care was the proximate or actual cause of the claimant’s damages. After establishing causation, your Martin County personal injury lawyer will have to prove the types of damages incurred and their value.
How Will My Martin County Personal Injury Attorney Prove Liability?
There are all sorts of reasons why the insurance company or defendant might dispute liability. Perhaps you don’t have strong evidence of the circumstances that led to the accident, or maybe you’ve contradicted your previous statements to responding officers or to the insurance company. Sometimes multiple defendants share a percentage of fault, and a dispute arises regarding the percentage of fault assigned to each party. It is even possible for a claimant to be found partially liable for an accident.
At the end of the day, the outcome of your case will most likely hinge on the strength of the available evidence; however, your statements and actions can also influence whether the opposing party disputes liability. This is why it is so important to contact a Martin County personal injury lawyer right away. Your attorney can conduct an immediate investigation while time-sensitive evidence is still available and unaltered, and he or she can help you avoid costly mistakes that might lead to a liability dispute.
Below are a few examples of evidence your attorney might use to prove liability:
- The police report;
- The incident report;
- Photographs of the accident scene, injuries, and property damage;
- Surveillance and dash cam recordings;
- Eyewitness deposition;
- Expert witness deposition; and
- Other evidence that is specific to your case.
Below are a few mistakes you should avoid in order to reduce the likelihood of a liability dispute:
- Providing a recorded statement to the insurance adjuster;
- Discussing the accident on social media;
- Failing to seek immediate medical care; or
- Failing to follow the instructions of your healthcare provider.
How Will My Attorney Prove Damages?
Medical bills and lost income aren’t the only kinds of damages a person might suffer after a serious accident. The subjective consequences, or “non-economic damages,” that accompany a severe injury can be just as devastating as the direct financial costs.
The types of damages that might be recoverable in your particular case depend on the circumstances, but generally speaking, Florida law allows the victims of serious personal injury to pursue compensation for:
- Past and future medical costs
- Lost income, benefits, and earning capacity
- Damage to property
- Other economic damages
- Emotional distress
- Hedonic damages
- Pain and suffering
Below are a few kinds of evidence your Martin County personal injury lawyer may use to prove damages:
- Medical bills
- Photographs of injuries
- Diagnostic imaging
- Deposition from financial and medical experts
- Paystubs, tax returns, and other financial documentation
- Property repair estimates from contractors
- Deposition from caregivers and loved ones
- Your personal injury journal
Much of the evidence needed to support your claim could be time-sensitive, so it is essential that your lawyer is able to conduct the investigation right away. Under some circumstances, the defendant is in possession of valuable evidence such as dash cam footage, surveillance footage, or damaged property. If the defendant refuses to hand over such evidence voluntarily, our attorneys can apply legal pressure to obtain it. At the end of the day, the sooner your attorney is able to start investigating your case, the better.
Call 772-266-5555 to Discuss Your Claim with a Personal Injury Lawyer in Martin County
Our attorneys are ready to answer your questions and help you determine the most strategic path forward. With many decades of combined experience, our lawyers know how to tailor their legal strategies to the unique circumstances of your case. We will invest the time and resources needed to help you pursue the best possible outcome, no matter the potential size of your claim.
There’s no cost for the initial consultation, and you won’t have to pay any attorney’s fees unless we win. To discuss your situation with a member of our team, send us a message or call 772-266-5555.