Establishing negligence is a fundamental aspect of any personal injury case, as it forms the basis for holding the responsible party accountable for their actions or inactions that led to the harm suffered by the victim. Pertaining to this, this task is far from simple and demands a meticulous approach, solid evidence, and a clear understanding of legal principles.
A seasoned personal injury attorney will be able to help you identify the at-fault party and prove their negligence in order to obtain maximum compensation.
What is Negligence in a Florida Personal Injury Claim?
Negligence is used to describe the failure to act in a prudent manner or with reasonable care, leading to an injury. This is based on the assumption that everyone should exercise reasonable care in their daily lives to protect others from potential harm.
If you or someone you love has been injured by another’s actions, you may need to prove the other party was negligent. You may be able to recover compensation for your losses by successfully demonstrating their negligence.
Determining Liability in Personal Injury Cases
You need to determine liability for holding someone legally responsible for your injuries. You would need to examine the parties’ actions and evaluate whether negligence was a factor. A skilled personal injury attorney can help you determine liability for your accident.
In some cases, multiple parties can be responsible for the same accident. In this case, liability may be shared. Victims may be held responsible for a part of the accident too through comparative negligence. Individual degree of fault is considered in such scenarios while determining the amount of compensation to be awarded.
Elements of Negligence for Proving a Personal Injury Claim
There are four elements of negligence that need to be proved for a personal injury claim:
Duty of Care
You need to show that the defendant owed a duty of care to you. This is usually straightforward since most people owe others a reasonable duty of care. For instance, if you were injured by another driver, your attorney will claim that all motorists share a combined responsibility to act in a reasonable manner. Similarly, property owners are responsible for ensuring the safety of anyone present legally on the premises. Medical professionals are required to uphold acceptable standards of medical care.
Breach of Duty
It is not enough to establish that the defendant owed you a duty of care. You would also need to prove that the defendant breached this duty of care. Depending on the situation, a breach of duty can have different outlooks. For instance, a motorist that fails to use the turn signal while changing lanes can be held negligent for their breach of duty. A doctor who doesn’t take a patient’s consent for a particular treatment may also be liable for breach of duty.
Plaintiffs and their attorneys are burdened with proving that the breach of duty led to the accident and injuries sustained. Generally, this is not a challenging step. If a breach of duty occurs, it is usually easy to prove the breach caused the injury and other damages. Besides, there are certain situations in which the plaintiff may have shared responsibility. You should speak with a personal injury attorney to make sure you don’t lose your right to compensation.
The final step towards determining negligence is to show that you sustained monetary losses because of the injuries and recovery process.
Types of Evidence Required for Establishing Negligence
Proving negligence can be challenging. You will need to work with your personal injury attorney to gather as much evidence as you possibly can. Every personal injury claim has different aspects. Moreover, these are a few types of evidence that can help prove your personal injury and claim for compensation:
- Video surveillance and photographs at the accident scene
- Surveillance footage from cameras
- Statements from eyewitnesses
- Police or accident reports
- Safety and training records
- Employment records
- Medical records
- Training records
- Mobile device data records
- Vehicle data recorder information
Evidence may not always be enough to prove liability. You may need to hire experts, such as accident reconstruction experts to strengthen your claim.
How a Personal Injury Lawyer Helps to Prove Fault
Experienced personal injury attorneys can help you identify the at-fault party and gather evidence to prove negligence. They will also prepare a strong claim on your behalf and negotiate with the insurance company. It may not always be possible to gather enough evidence to prove the four elements of negligence.
Your attorney will employ other methods to get the compensation you deserve in these cases. For instance, they may use witness testimonies of accident reconstructionists and automotive engineers for building a strong vehicle accident claim and establishing different elements of negligence.
Choose a Proven Personal Injury Law Firm with a Record of Large Settlements and Verdicts
The attorneys at Whibbs Stone Barnett Turner, PA can help you collect key evidence for preparing an accident injury claim against all the liable parties. Our attorneys will negotiate strongly with the insurance companies for the largest possible settlement while remaining prepared to go to trial should it become necessary. Schedule your free and confidential consultation with us today. Call 850-434-5395 or write to us online.