Analyzing Negligence and the Extent of Injury

When an injury attorney is presented with a defective products case in Florida, there are two main aspects that he/she must consider. First, did another person, entity, or company act with negligence? For example, did the product in question cause injuries because it has an inherent design defect? Second, did you sustain an injury as a result? If so, to what extent were you injured?

If you were injured by a defective product, you may be entitled to compensation for your injuries.

When analyzing the specific facts of a products liability case, an injury lawyer must pay close attention to detail. It is important to review each and every aspect of the case and consider every source of possible evidence, including the client's testimony about what happened and how he/she was injured. A defective products lawyer must work hard to uncover evidence and legal strategies that are not obvious. Sometimes expert witnesses must be hired to evaluate evidence and render an opinion about certain aspects of a case. For example, in the case of a defective hairdryer, an electrical engineer may be needed to analyze and identify the underlying defect that caused the injury in question.

Injuries caused by defective products are very complex matters. By their very nature, they incorporate elements of engineering, technology, science, and law. Responsible parties are rarely willing, if ever, to admit that their product caused someone's injury or death. In the few cases where liability is acknowledged from the start, such as when it is obvious and easily proven, those responsible will typically challenge the extent of injury. Even in cases where a person was killed, products liability defendants are notorious for challenging the appropriate amount of compensation that is due to the victim's family for his/her death.

When calculating an appropriate out of court settlement, many aspects of the victim's life are considered. Such calculations usually begin with medical bills and lost wages. These amounts are easily determined and are usually based on hospital invoices and employment records. However, things get complicated when calculating a person's diminished earning capacity, pain and suffering, and future medical expense.

For all of these reasons, it is important to hire the right injury lawyer from the start of your case. Top injury lawyers know how to use available evidence to build a winning case. This includes proving negligence and the full extent of injuries. Top injury attorneys are also creative attorneys who know how to uncover valuable evidence and make full use of expert witnesses.

While injury cases may seem very straightforward on the surface, the complicated battles that are fought in the courtroom are an entirely different story. You can rest assured that the lawyers for the other side will scrutinize every aspect of your case. That is why the top injury lawyers do the same before your case even makes it into a courtroom. Being prepared for court is a fundamental skill that any successful lawyer must have.

The attorneys at Salpeter Gitkin are dedicated to obtaining the best result possible in your case. Like any other products liability case, yours begins with an analysis of negligence and injuries. To determine if you may have a viable claim, contact our office for a free initial consultation.