If you are involved in an accident resulting in significant injuries, you may wish to seek compensation through a personal injury lawsuit. These claims help to redress financial losses and help victims become “whole” again.
The success of these claims depends on the merits of the plaintiff’s case and whether that person can prove that the defendant acted negligently, causing the accident in question. Generally, plaintiffs must demonstrate the following in these cases:
- Duty of care: The first key element of a personal injury claim is proving that the defendant had some sort of duty of care to prevent the accident from occurring. The owner of a restaurant, for example, has an obligation to protect customers and guests.
- Breach of duty: Once the duty of care has been established, the plaintiff needs to show that the defendant breached this duty in some way. An example is a business owner that failed to fix a broken sidewalk in a timely manner.
- Causation: The plaintiff must also demonstrate that the breach of duty directly caused the accident and corresponding injuries. If a broken sidewalk resulted in a slip and fall, for example, the plaintiff would need to provide evidence of how the incident occurred.
- Real damages: Finally, the plaintiff must prove that the accident resulted in significant injuries, along with medical bills and/or lost time at work that justify compensation.
It is absolutely critical for you and your legal counsel to prove these four elements if you are about to file a personal injury claim. To learn more, speak with a skilled Florida lawyer at Goldman, Babboni, Fernandez, Murphy & Walsh.