Personal Injury Claims: When You Need a Lawyer
Personal injury lawyers help injury victims receive fair and just compensation. Personal injury lawyers know how to gather evidence to support a claim, talk with insurance adjusters, and counsel their clients on how to avoid the common mistakes that people make when making a personal injury claim. The attorney selection process is important and that is why our firm offers free consultations to potential clients who want to get informed about their case and want to learn about the many ways our firm can assist them. There are many reasons why it is important to understand how to deal with a personal injury case. One of the most important issues that may come up in your personal injury case is the issue of proving liability. In this blog post, we will discuss how a personal injury lawyer can help prove liability in your personal injury case.
Proving Liability in Car Accident Cases
One of the main legal principles of tort law is the concept of duty. Everyone has the duty to use reasonable care when carrying out daily activities. In other words, every person has a duty to behave as a reasonable prudent person under same or similar circumstances. When a person breaches that legal duty to another person, it is usually due to some type of negligence on the part of the tortfeasor. One of the most common examples of negligence is a driver who drives negligently or carelessly and causes an accident that leads to injury and/or property damage. Under Florida law, all people, businesses and the government are required to act reasonably, and if they are careless, the law holds them responsible for any injuries they may have caused. The most common way to get compensated after sustaining an injury in a car accident or incident is by filing a personal injury claim or lawsuit against the responsible party. A personal or bodily injury claim addresses injury to the person. Personal injury claims can arise from all types of situations including car accidents, motorcycle accidents, truck accidents, bicycle accidents, slip and falls, trip and falls, etc. In the event that an individual succumbs to their injuries, a wrongful death lawsuit can be filed against the responsible party. In the first stage of a personal injury claim, the injury victim needs to prove that the other party’s negligent action or inaction caused their injury. This concept is referred to as liability. If you hire a personal injury attorney to handle your case, you may hear your personal injury lawyer say, “we have to prove fault or liability” or “we can’t prove fault or liability.” In order to establish a prima facie case of negligence there must be the following elements: Duty, Breach, Causation, Damages. A Defendant owes a duty to all foreseeable plaintiff’s that may be injured by their conduct. As mentioned above, the standard duty of care is that of an ordinary prudent person under the circumstances. The breach of the duty had to have been the cause of plaintiff’s injury. Next, causation must be shown as the actual cause and the proximate cause of Plaintiff’s physical injuries. Finally, defendants breach of duty must be a substantial factor in causing Plaintiff’s injuries. In determining whether there is causation we look to whether Defendant’s conduct was the cause in fact and the proximate cause of Plaintiff’s injuries.
Meet Personally with Our Legal Team
When you or someone you love has been involved in a car accident, you want to make sure you have someone on your side to protect your legal rights and protect your right to compensation for injuries. If you’re the victim of a car accident, the car accident lawyers at Suarez & Montero can assist you with your accident claim! We have a thorough understanding on how injuries can affect your life and your family’s life. Our injury lawyers will work with investigators, witnesses, and experts to obtain all the important details of your accident to help put you in the best possible position to obtain maximum compensation for your injury and damages. Our attorneys are ready to provide proven legal representation in pursuing your claim and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation.
We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.
