If you’ve been injured due to another person’s negligence, you might be facing severe financial turmoil due to medical bills and lost income. Fortunately, it may be possible to obtain compensation for these and other damages by bringing a claim against the liable party. Our personal injury lawyers in Palm Beach Gardens can review your case for free and help you determine how best to approach the proceedings.
The liable party and their insurance provider will be searching for reasons to deny your claim or to minimize your payout. Our attorneys can help you avoid making critical mistakes that would harm your case, and we will aggressively fight for the highest possible settlement. With many decades of combined experience in tort proceedings, our legal team knows the most effective tactics to employ at every stage of the claims process. Call 561-299-3999 to speak with one of our lawyers in a free consultation.
Personal Injury Cases We Handle in Palm Beach Gardens, Florida
- Auto Accidents
- DUI Car Accidents
- Elder Neglect
- Boating Injuries
- Bicycle Accidents
- Civil Assault
- Burn Injuries
- Motorcycle Accidents
- Pharmacy Errors
- Nursing Home Abuse
- Spinal Cord Injuries
- Traumatic Brain Injuries
- Wrongful Death
- Other Personal Injury Cases
Will I Have to Go to Trial?
The vast majority of the personal injury cases we handle do not go to trial. Generally speaking, it is in the best interests of all parties involved to avoid trial since it draws out the proceedings, adds to the legal costs, and at the end of the day, there’s no way to predict with any degree of certainty how a jury will rule on a given case.
There are, however, some scenarios when it is in the plaintiff’s best interests to take the case to court. This might happen, for example, if you have strong evidence of liability and damages yet the opposing party still refuses to pay a fair settlement.
There are all sorts of reasons why a dispute might arise. Below we’ve listed a few common factors that can affect the likelihood that a case will proceed to court:
- The Plaintiff Had a Pre-Existing Condition: One of the key elements to prove in any personal injury case is “causation.” It must be demonstrated that the tort was a proximate cause of the plaintiff’s damages. The plaintiff cannot recover damages that would have accrued regardless of the tort. If your medical records from before the accident indicate that you had a pre-existing condition and you contend that the accident has worsened the condition, it is possible that the defendant will dispute causation. A seasoned personal injury attorney in Palm Beach Gardens may be able to overcome this kind of dispute using medical records from before and after the incident, photos of visible injuries, and the deposition of medical experts.
- Liability Is Shared Among Multiple Parties: It is entirely possible for several different parties to share liability for a single accident. Multiple defendants could share liability, and it is even possible for a plaintiff to be partially liable. If one or more parties disagrees with how liability is apportioned—each liable party will be assigned a percentage of fault—and this dispute is not resolved through correspondence among the attorneys or mediation, your case might end up in trial. A skilled personal injury attorney in Palm Beach Gardens can try to avoid or overcome disputes of this nature by applying the relevant statutes and case law, and by gathering all available evidence of fault.
- The Defendant Disputes the Value of Damages: When a plaintiff has suffered a serious, permanent disability, the damages incurred can be substantial. It may be necessary to account for many decades of medical care and lost wages. Even if all parties involved agree that the injury is permanent, a dispute may still arise regarding the value of future damages. During the discovery phase, your attorney might depose an economist and various medical experts to prove your damages, but if the defendant refuses to pay a fair settlement, our trial lawyers will not hesitate to take your case to court.
- Evidence of Liability Is Weak or Inconsistent: Unless you bring a claim against your own no-fault insurance such as personal injury protection, you won’t be able to recover compensation until you prove that the defendant was liable for the accident that caused your damages. In most cases, liability is proven by demonstrating that the defendant breached the duty of care owed to the injured party. The legal term for this breach of duty is “negligence.” In cases that involve strict liability, however, a finding of fault is not required to impose liability. Regardless of whether you file the claim on the basis of negligence or strict liability, the defendant might dispute your claim if the evidence of liability is weak or inconsistent. For instance, if the police report contains an error that indicates you were partially at fault but other evidence shows that the defendant was 100 percent to blame for the accident, it is possible that a liability dispute will arise. Alternatively, if your social media posts about the accident indicate that you were partially at fault, this too might lead to a dispute. If such a dispute is not resolved through negotiations or mediation, your case might end up in court.
At Donaldson & Weston, we always strive to help our clients obtain fair compensation without having to go to trial. Our personal injury attorneys in Palm Beach Gardens understand the relevant statutes and case law inside and out, which gives us an edge during settlement negotiations. We also prepare for negotiations as if we are going to trial in order to prevent and mitigate any disputes that might arise. But if the opposing party refuses to settle, we will relish the opportunity to take your case to court.
Arrange a Free Consultation with a Personal Injury Attorney in Palm Beach Gardens
Send us a message or call our personal injury attorney today at 561-299-3999 to speak with a member of our team. You won’t have to pay anything for the consultation, and we handle personal injury and wrongful death claims on a contingency fee basis.