Proving Negligence in a Personal Injury Case
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How to Prove a Personal Injury Lawsuit in Pensacola

Every accident victim who walks through the doors at Whibbs Stone Barnett, asks the same question: “Do I have a case?”

The answer to that question is, of course, different for every client. Our negligence attorneys in Pensacola ferret out the facts of each claim to determine whether they meet certain requirements. The following is a general outline of what we must prove in a Florida negligence lawsuit. Our investigation, research and trial strategy all will be geared toward demonstrating that:

  • A duty was owed to you by the defendant
  • The duty was breached by the defendant
  • Without the defendant’s actions, your injuries would not have occurred
  • The defendant’s actions directly caused your injuries
  • You suffered the injuries and damages you claim

The Defendant Owed You a Duty, and Breached It

First, you must prove that the defendant had a legal responsibility to act a certain way towards you. Drivers have a duty to drive safely; business owners must provide a safe environment for customers and visitors. A property owner, however, may not have a duty if you trespass.

Then you and your Pensacola negligence attorney must show how the defendant breached the duty of care through actions or inactions. Driving drunk, speeding, providing inadequate security — these are examples of duty breaches.

If you cannot prove that the defendant owed you a duty of care or cannot prove that the duty was violated, you may face a real roadblock to success in a personal injury lawsuit in Pensacola.

Proving Causation

Once you prove the first two elements, you must prove that, without the defendant’s conduct or inaction, your injuries would not have occurred. For example, had a driver not run a stop sign or a doctor not prescribed the wrong medication, you would not have been harmed.

Damage Causation

Finally, you must prove that the damages you claim are real. If you allege a car accident caused you a chronic back injury, you must have medical documentation to support your claim. The firm almost always uses expert testimony to prove medical causation in negligence cases that go to trial.

Damages could also include property damage and financial damage, as well as pain and suffering.

Negligence damages may include compensation for:

  • Medical bills, present and future
  • Medical equipment
  • Lost wages
  • Future lost wages
  • Property damage
  • Permanent disability
  • Disfigurement
  • Pain and suffering
  • Mental anguish

When You Need Pensacola Negligence Lawyers You Can Trust

The only way to be certain about whether you have a personal injury case is to talk to an experienced accident injury attorney. Medical problems caused by an accident may not be fully recognized for months or even years afterwards. Losses from medical bills, decreased earning potential and many other problems can pile up unexpectedly. One of our Pensacola auto accident attorneys or negligence lawyers with experience representing personal injury victims and negotiating with insurance companies can analyze your case, determine fair compensation for your losses, and devise a strategy for obtaining damages.

If you require assistance with personal injury lawsuits in Pensacola, do not hesitate to contact Whibbs Stone Barnett online or at (850) 434-5395 to schedule a FREE CONSULTATION on all personal injury claims with one of our Pensacola motorcycle accident lawyers or Pensacola premises liability attorneys.

We look forward to delivering the service you expect and the compensation you deserve. We really can help.

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