Personal Injury Practice Areas

How Personal Injury Claims Are Evaluated

A personal injury claim is evaluated by determining what happened, who was responsible, what evidence establishes liability, what insurance coverage applies, whether the incident caused the injuries, and what damages resulted.

Depending on the circumstances, a responsible party may be a property owner, business, landlord, contractor, subcontractor, manufacturer, individual, or other entity. Some personal injury claims involve more than one responsible party.

The claim must also connect the negligent conduct or dangerous condition to the injuries. Medical records, diagnostic testing, photographs, witness testimony, prior medical history, and expert opinions may become important when causation is disputed.

Insurance coverage must also be identified. Depending on the case, one or more insurance policies may apply.

Finally, damages must be documented. These may include medical expenses, lost income, future medical needs, and the physical and personal effects of an injury. The issues that matter most depend on how the injury occurred, the parties involved, the injuries sustained, and the available evidence.

Evidence Can Determine the Outcome of a Personal Injury Claim

The most important evidence shows how the injury occurred, who was responsible, what injuries were caused, and what losses resulted. The evidence needed depends on the type of personal injury claim.

In a premises liability claim, important evidence may include photographs, surveillance video, incident reports, witness statements, inspection and maintenance records, and evidence identifying who controlled the property.

In a construction accident claim, evidence may include photographs or video of the worksite, contracts, safety records, equipment information, witness testimony, and records identifying the contractors and companies involved.

Medical records and diagnostic studies can document the injury, treatment, restrictions, and future medical needs. Employment and wage records may establish financial losses. When necessary, experts can address engineering, medical causation, future care, or economic damages.

Evidence should be preserved as early as possible. Surveillance footage can be overwritten, dangerous conditions repaired, physical evidence lost, and witnesses become difficult to locate.

Cases Built for Trial

Daniel Reinfeld prepares personal injury cases with the evidence and documentation necessary to pursue a fair resolution and, when necessary, present the case at trial.

Dan has more than 25 years of Florida litigation experience and personally handles the cases accepted by the firm. Before representing injured plaintiffs, he spent approximately six years defending insurance companies and other defendants in civil litigation. That experience provides insight into how insurers investigate claims, evaluate liability, challenge medical causation, dispute damages, and prepare cases for litigation.

Case preparation may include identifying responsible parties, preserving evidence, obtaining relevant records, documenting injuries and financial losses, investigating insurance coverage, and retaining qualified experts when necessary.

Dan is jury trial-tested and has recovered millions of dollars for clients. Trial preparation can matter even when a case settles because insurers and defense attorneys evaluate the evidence and risks presented by a claim.

The decision whether to accept or reject a settlement belongs to the client. Dan explains the options, risks, costs, and potential consequences so the client can make an informed decision. Clients are not pressured to accept the first settlement offer simply to close a case.

Frequently Asked Questions About Personal Injury Claims

What types of cases are considered personal injury claims?

Personal injury claims generally involve injuries or death caused by another person, business, or entity. Daniel B Reinfeld, PA handles premises liability, construction accidents, wrongful death, and serious injury claims. Vehicle and traffic accident claims are addressed separately within the firm’s Vehicle & Traffic Accident practice area.

How do I know who may be responsible for my injury?

Responsibility depends on who caused, created, controlled, or had responsibility for the conduct or condition that caused the injury. Potentially responsible parties may include property owners, businesses, landlords, contractors, subcontractors, maintenance companies, manufacturers, or other individuals and companies.

What if more than one person or company may be responsible?

A personal injury claim can involve multiple responsible parties and insurance policies. For example, a construction site or commercial property may involve an owner, tenant, contractor, property manager, maintenance company, or another entity with responsibility for the property or work being performed.

What evidence should I preserve after an accident?

Preserve photographs, video, witness information, incident reports, correspondence, medical records, receipts, insurance information, and documents showing financial losses when available. The most important evidence depends on how and where the injury occurred.

How does insurance affect a personal injury claim?

Insurance coverage can affect how a personal injury claim is handled and what coverage may be available. Some claims involve multiple responsible parties or more than one applicable insurance policy, making identification of the responsible parties and available coverage an important part of the claim.

When should I speak with a personal injury lawyer?

Consider speaking with a personal injury lawyer when an injury requires medical treatment, responsibility is disputed, evidence may disappear, multiple parties may be involved, or an insurance company requests a statement, authorization, or release. Early investigation can help identify responsible parties and preserve evidence.

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