While life is full of unexpected twists and turns, an accident caused by someone else can be a jarring life event. Injury, medical treatment, and all the consequences that follow can be a harsh blow for the injured person and their family.
If you have been hurt in an accident caused by someone else, do not hesitate to call a Winter Garden personal injury lawyer. Your rights are only valid for a certain number of months under state law, so it is essential to act as soon as possible. Experienced legal counsel could advise you of what your options are for pursuing an out-of-court settlement or filing a personal injury lawsuit.
Proving Fault in a Personal Injury Lawsuit
Most personal injury cases arise from an accident. The cause could be a faulty product or medication, a slip and fall, nursing home abuse, or a car accident. These and other types of personal injury claims utilize the theory of negligence.
Negligence requires that a plaintiff prove several things. First, the defendant must have owed a duty to the plaintiff to protect them from the injury claimed. Second, the plaintiff must show how the defendant failed to meet this duty. For example, an electronic appliance manufacturer must warn users of dangers associated with the expected use of the product, the risks of electrocution when exposing the circuitry to water.
Third, the claimant must prove that the defendant actually caused their injuries. Because an accident is not an intentional act, causation is often a hotly contested issue in a Winter Garden personal injury lawsuit.
Finally, a plaintiff must show that they suffered injuries or damages from the accident. These could include medical expenses that a plaintiff seeks to have reimbursed, lost income and future income, and compensation for their physical pain and mental anguish.
Role of an Expert Witness in a Winter Garden Personal Injury Suit
An expert witness is a credentialed and respected member of a profession, like a heart surgeon, nursing home administrator, or an expert in elevator installation and safety.
Experts are hired and retained by both plaintiffs and defendants in lawsuits. Because of their education and experience, experts are qualified to explain concepts beyond common knowledge and voice their opinions to a judge or jury.
As such, there are many types of personal injury cases that either benefit from or require expert witness testimony. Plaintiffs must carefully select expert witnesses, as the opposing party will challenge the expert’s credentials and opinions.
Experts also need to be time-managed as they often charge high hourly rates for their services. While an unrepresented plaintiff may struggle to find a relevant expert witness, seasoned Winter Garden personal injury counsel could use their professional network to hire and efficiently use the services of an expert witness in service of a victim’s case.
Speak to a Winter Garden Personal Injury Attorney
While injuries can take a long time to heal, the legal right to bring suit against the party responsible for the accident that harmed you has an expiry date. Biding your time can mean forgoing your chance bring a case, as harsh a result as that may be.
Fortunately, a legal advocate could work hard to file a timely case, stand up for your rights, and advocate for your interests. Contact a Winter Garden personal injury lawyer today to learn more about what they could do for you.