Suffering a personal injury usually results from an unavoidable scenario. No matter how much caution a person exercises, another’s carelessness or recklessness can result in serious, if not fatal, accidents. Roadway accidents, whether involving cars, bikes, or pedestrians, can happen in mere fractions of a second. Falling objects from construction sites, latent slip and fall hazards, errors committed by medical professionals, and faulty products can all give rise to grave bodily injuries.
A Clermont personal injury lawyer could be of service to you or a loved one who has been involved in an accident like this. When you suffer the consequences of a disaster like this, you should not be left responsible for your medical bills, financial losses, and the other consequences affecting you and your family. To learn more or discuss what steps to take first, contact an accident lawyer with our firm today.
Proving Negligence in a Personal Injury Case
Just because an accident involved another person does not mean they are automatically liable. Florida law allows injured victims to recover if they are able to prove all elements of negligence.
First, a plaintiff must show that the defendant, or person responsible for the accident, owed them a duty. This a duty imposed by law but could be as simple as another driver obeying traffic signals or a shop owner maintaining a debris-free aisle in their store.
Second, the plaintiff must show that the defendant breached their duty of care. This element points to the defendant’s action or inaction that led to the plaintiff’s injuries.
Third, and perhaps most challenging, is the element of causation. A plaintiff must prove that the defendant’s behavior was the proximate or direct cause of their injuries. Because there can be multiple causes of an accident, Florida employs a form of comparative negligence in personal injury cases.
According to Florida Statutes § 768.81, where there is more than one party at fault for an incident, the court would then apply the comparative negligence doctrine. After presenting the evidence to the jury, the panel decides which parties are at fault and to what degree. Special rules apply when the plaintiff is partly responsible that Clermont personal injury counsel could apprise a victim of.
Fourth, the plaintiff must be able to show that they suffered damages as a result of the injury. Damages include bodily injuries that caused the person to seek and receive medical attention.
How a Personal Injury Lawyer Could Assist Victims
The most seemingly straightforward cases are rarely so. While the burden of proof rests on the plaintiff, so do a variety of other tasks such as making discovery requests to uncover evidence, asserting privilege rights over documents and communications, and deposing witnesses and expert witnesses.
A civil action for damages can require extensive knowledge of the law and the ability to apply the facts of the case to its strictures. Because plaintiffs may be fragile physically and mentally after an accident, hiring a lawyer could be advantageous.
An experienced Clermont personal injury attorney could handle the legal aspects of a case, whether in settlement negotiations or preparing for trial. An attorney could work with victims to give them an understanding of where the proceedings stand and what is next.
Connect with a Clermont Personal Injury Attorney Today
Fear about the future almost always accompanies a traumatic accident. Uncertainty may cause you and your family anxiety. Understanding your legal rights is the first step towards getting a handle on how you might be able to recover from the tragic accident that has impacted your life.
Legal counsel could listen to your story and give you honest and transparent advice about your options. Call a Clermont personal injury lawyer today to discuss the possibilities.