Identifying the Responsible Parties
One of the most important steps in any personal injury case is identifying all parties who may be legally responsible for your injuries. In many cases, liability is straightforward — the driver who rear-ended you, for example. But in complex cases, multiple parties may share responsibility:
- Individuals: Negligent drivers, property owners, or other individuals whose actions caused your injury
- Employers: Companies that employ negligent workers may be vicariously liable under the doctrine of respondeat superior
- Property owners: Owners and managers of premises where injuries occur due to dangerous conditions
- Manufacturers: Companies that design, manufacture, or sell defective products
- Government entities: State and local governments responsible for maintaining safe roads, sidewalks, and public facilities
- Healthcare providers: Hospitals, physicians, and other medical professionals who provide substandard care
Understanding Liability Insurance
Most personal injury recoveries come from liability insurance policies. Understanding what insurance coverage is available is essential to maximizing your recovery. Common types of liability insurance include:
- Auto liability insurance: Florida requires drivers to carry minimum coverage, though many carry higher limits
- Commercial general liability (CGL): Business insurance that covers injuries occurring on business premises or caused by business operations
- Professional liability (malpractice): Insurance carried by healthcare providers, attorneys, and other professionals
- Umbrella policies: Additional coverage above and beyond primary policy limits
- Homeowner’s insurance: Coverage for injuries that occur on residential property
Uninsured and Underinsured Motorist Coverage
When the at-fault party has no insurance or insufficient insurance to cover your damages, your own uninsured/underinsured motorist (UM/UIM) coverage may provide an additional source of recovery. Florida law allows drivers to purchase UM/UIM coverage, and we strongly recommend carrying this protection.
Our attorneys thoroughly investigate all available insurance coverage to ensure that every potential source of recovery is identified and pursued on your behalf.
Our Investigation Process
At Roselli & McNelis, we conduct comprehensive investigations to identify all responsible parties and all available insurance coverage. Our investigation may include:
- Accident scene investigation and evidence preservation
- Witness identification and interviews
- Police report analysis
- Insurance policy review and coverage analysis
- Corporate structure investigation to identify all potentially liable entities
- Retention of expert witnesses in accident reconstruction, engineering, medicine, and economics
Thorough investigation at the outset of your case is critical to building the strongest possible claim and maximizing your recovery.