The Four Elements of a Successful Personal Injury Claim
Generally speaking, negligence here in the Sunshine State is the failure to use reasonable care, meaning the standard of care that a reasonably careful person would use under like circumstances. When this standard is breached, Florida law allows those who are harmed by the negligence and wrongful actions of someone else to pursue a personal injury claim for damages. However, there are certain legal requirements that must be met in order to have a valid claim. Understanding the elements of a personal injury claim is the first step to knowing whether you could have a successful claim.
What Are The Four Elements Of A Successful Personal Injury Claim?
In order to win a personal injury case based on negligence, there are four things that an injured plaintiff must generally be able to prove. These four elements are:
- Duty. This simply means the person who caused the harm must have owed a duty to the party who was injured. The type of duty is dependent on the parties involved and the type of accident. For example in context of a car accident, drivers have a duty to other drivers to ensure their vehicles are being operated in a safe and reasonable manner.
- Breach. This is a failure to exercise reasonable care. In a car accident scenario, an example of failing to do so would be a driver getting behind the wheel while intoxicated.
- Causation. There must also be a direct link between the negligent behavior and the harm caused to the injured victim – and it is noteworthy that Florida is a comparative fault state which means that fault can be shared in a personal injury case between a plaintiff and defendant.
- Damages. Lastly, a plaintiff must demonstrate that he or she suffered losses in order to recover compensation for the harm suffered.
The Right Attorney Can Evaluate Your Claim
This may be clear from the elements outlined above, but unfortunately, every circumstance that leads to injury does not necessarily warrant a personal injury claim. The best way to determine whether you have a viable claim is to reach out to an experienced personal injury attorney who can assess your situation and advise you of your legal options. He or she can also get the ball rolling on beginning your claim if it is determined that there is a legitimate basis on which to proceed. And while you may not think you can afford to hire an attorney, the overwhelming majority of personal injury lawyers only get paid when you get a settlement which means you share the same motivation for creating a strong case that will hold up against accusations that could be made by the other side. There are typically no up front or out of pocket costs which is a relief to many accident victims who are struggling with enough to worry about between medical bills, lost paychecks, and other unexpected expenses.
Reach Out to Us Today.
If you have been injured because of someone else’s negligence, you deserve to have the help of an experienced legal team that can present your injuries in a way that maximizes your chances of entitlement. As the personal injury attorneys at Leifer & Ramirez with offices in Boca Raton, Fort Lauderdale and West Palm Beach, we are not interested in simply waiting for things to happen when you choose us to handle your personal injury claim. Instead, we will aggressively pursue the compensation you deserve while you focus on recovery. Contact us today to begin securing your future.