You have to keep in mind that you can win a personal injury claim and receive fair compensation for damages and losses only when you prove the negligence of the at-fault individual or party by providing substantial evidence. The law doesn’t permit you to call someone liable for an accident and resulting injuries unless and until you can prove the negligence of that particular individual or entity.
If you are a victim in a personal injury case such as a slip and fall or car accident, proving negligence is of utmost importance to successfully win your claim and receive the right compensation amount. You need to seek legal assistance to ensure that you move forward on the right track to prove the negligence of the responsible party and win the claim. Even if you carry out settlements outside of the court, you need the complete support from a Personal Injury Attorney Bonita Springs, specializing in the handling of personal injury cases.
What Is Negligence?
If a person experiences an accident and gets severely injured due to the carelessness of another person or an entity, this is referred to as negligence. As per the legal system, the person or the body who acts carelessly and ends up hurting an individual is legally liable for the accident and the resulting damages. If you are a victim of a personal injury case and file a negligence claim, you need to prove some essential elements in court: duty, breach, causation, and damages.
- Duty- While determining an injury claim, the first and foremost step is to scrutinize if the defendant was indebted by law to provide the injured claimant a duty of care. There are several situations where the relationship between an injured individual and the at-fault person/party may form a legal obligation. For example, a driver’s moral duty is to drive his or her car safely so as not to cause an accident and harm any other person.
- Breach- Even after pointing out the defendant’s duty, a plaintiff must prove in court that the defendant has breached their duty. You must demonstrate clearly, in front of the judge, that a person who acts responsibly would not have acted in the same manner. Having a Bonita Springs Personal Injury Lawyer by your side can be extremely beneficial if you are required to prove the defendant’s breach of duty. A lawyer can clearly explain in court that a person acting in a responsible way would not have acted in the same way as the defendant.
- Causation- A plaintiff must prove that only due to the careless actions of the defendant, the accident took place and harmed him or her severely. You must prove that you are suffering from injuries owing to the negligence of the defendant.
- Damages- The final and crucial element that you need to prove to win a negligence claim is damages. Only when a plaintiff can successfully prove the three elements mentioned above in front of the judge, can the court provide the rightful financial compensation to the plaintiff for his or her injuries. The compensation amount is intended to cover medical expenses or repairs to property.
So, you are hurt and have suffered an injury. You went to the hospital or physician and now you are receiving bills and you are still in pain. Now what? Can something be done? Are you able to offset these sudden and costly expenses? Can you offer your friends and family a sense of peace, knowing that things will improve? Can you make yourself feel better?
In case you are not aware, you have options.
However, only if you act fast and smart alongside the Personal Injury Lawyer Bonita Springs trusts. Not all personal injury victims realize they are personal injury victims. Some never seek legal counsel and go through their lives suffering in pain and incurring costs and they do not need to do so. If you are unsure what to do, how to proceed, or even if your injury can be defined as a personal injury under the law, it’s time to learn.
When is the time to consult an injury lawyer?
Personal injuries entitle the injured party to seek damages under civil litigation from the negligent, careless, or reckless party responsible. Our consummate professionals can and do have significant impacts on the amount of compensation you receive in covering all related damages and costs stemming from your injury.
It’s also important to note that the attorneys at Berke Law Firm, P.A. have dealt with it all. In fact, personal injury law encompasses a wide range of injuries including aviation accidents, bike accidents, defective products, medical malpractice, dog bites and even slip and fall accidents on unmarked or improperly maintained surfaces. Put simply, personal injury law covers a wide range of situations, circumstances, and conditions. Without strong legal counsel, you may never recover the compensation you need and deserve.
Having an attorney by your side increases the possibility to receive compensation. We will stand by your side throughout the entire process.