When you are injured due to another person’s negligence then you need to prove fault in a personal injury case. A person is considered negligent when the results of his/her negligence resulted in personal injuries and are liable under the law. In part negligence in most car accident claims and disputes are handled in out of court negotiations, if that fails then in personal injury trials.
Four parts to prove fault in a personal injury case
In Florida, if you are injured by a negligent driver then you have a personal injury claim. However, it’s advisable to be represented by a personal injury attorney from the beginning of a personal injury case.
In order to win you need to prove that the defendant (one accused of negligence) was, in fact, negligent and that the plaintiff can prove it through these four conditions.
- The duty: Prove that the defendant owed the plaintiff a legal duty of care to avoid negligence
- Breach: Prove that the defendant’s actions breached the duty owed to the plaintiff
- The cause: Prove beyond doubt that the defendant’s negligence caused the personal injuries.
- The damages: Show that the damages are quantifiable and the defendant should pay.
How to prove damages and fault in a personal injury case
If you have been involved in a car accident the driver is termed negligent when he/she puts your life in danger. In law this is termed as the legal duty of care, motor vehicle drivers owe motorists, their passengers, pedestrians a safe environment by operating their vehicles soberly and with high levels of responsibility.
In order to prove that negligence was the cause for personal injuries, the next step is the breach of duty. This means that the defendant failed to act in a prudent manner. If the defendant is found liable for the injuries, it means they breached the duty of care.
A personal injury case goes through causation which simply means, what caused the injury? In a car accident negligence could be on the side of the defendant or the plaintiff. In such cases, causation is relevant as it helps to sum up damages because you have to prove the direct cause of the injury or injuries.
The final step is quantifying damages, although it’s hard to put a dollar amount on some things personal injury attorneys can. In Florida, the law entitles personal injury victims to full compensation even for their personal pain and suffering that rose from the accident or injury. Compensation for personal injury victims includes monetary damages like medical bills and lost wages.
If you are injured due to another person’s negligence take action immediately by getting in touch with a personal injury lawyer. If you delay the evidence or circumstances may fade away and leave you with no grounds for any personal injury claim. If injured you might have to stay away from active work duty to recover from injuries. Get a personal injury lawyer to help you get compensated for damages and help with the paperwork as you recuperate.