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The Huge Challenges Of Proving Fault

Any accident can leave your life upended, and for many it means that a struggle to fully recover will follow. Injuries can leave you forced to miss work and struggling to make payments on your regular bills, and on top of that they’ll also add medical bills and other expenses to your life. As such, getting compensation is important – but often, it’s harder than it should be. Even if the accident wasn’t your fault, it’s common for insurance companies or lawyers for the other party involved to push you around, bully you, and make you feel like you don’t have rights.

But under Florida law, you do have rights, and a personal injury lawsuit is often the only option you really have to get what you deserve. The law states that those who are injured in an accident may have the right to seek restitution if they can show that their injuries were caused as a direct result of the reckless or negligent actions of someone else. Whether it’s a slip and fall case, a workplace accident, or an auto accident, negligence and recklessness can include a variety of things including:

Failure to maintain a safe working environment
• Not addressing safety issues on one’s property
Failing to warn others about safety risks
• Speeding
• Texting while driving
• Driving while intoxicated
• And more

Essentially, if the other party acted in a way that any reasonable person would recognize to be reckless or negligent, you will have the right to seek compensation through a personal injury lawsuit. However, just as there are often challenges getting an insurance company to even offer a small settlement, proving fault can be very difficult to do.

The reason is simple – the representatives for the other side will do all that they can to avoid paying you anything. Things they may try to use to avoid paying you may include:

• Refusing payment at all
• Offering low settlements
• Saying that your injuries aren’t as severe as they are
• Saying that your injuries weren’t caused by your accident
• Saying that you actually caused the accident or that their client wasn’t to blame
• And more

The bottom line is that you can expect a huge challenge when trying to get any money for your injuries at all, and it’s even more common to be offered an amount so small that it barely covers a single medical bill.

Your attorney can help, however. A good personal injury lawyer will use a variety of tools to show that you’re really owed compensation. This could include everything from mobile phone records to a history of injuries on a property to police reports, but all of the tools that they will utilize will be applied to your case.

Not only will your lawyer fight to show that you are owed compensation – they’ll also fight to make sure that you don’t end up getting less than you deserve. By consulting with experts in fields like economics and the medical world, your attorney will develop a clear picture of what you’re actually owed. Then, they will fight to make sure you get it – negotiating a settlement that fits your situation. And if a settlement can’t be reached, you should expect your lawyer to take your case to court and fight there to make sure you get what you deserve.

What you need to remember after being injured is that getting what you’re owed is possible – you just need the right team on your side. Contact us today to get a free consultation and find out more about your rights and how we can fight to make sure you get what you’re really owed.


During his time as a public attorney for the State of Florida, Bernard Walsh developed a passion for defending the legal rights of Florida's citizens. Having seen many people being taken advantage of after being injured and the financial harm that can cause for families he committed himself fully to helping injured clients get justice, by fighting to make greedy insurance companies pay what they owe.

The Huge Challenges Of Proving Fault

Goldman Babboni Fernandez
Murphy & Walsh

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