Personal injury cases are legal disputes that take place when one person suffers harm from an accident or injury, and someone else might be legally responsible for that harm. Under personal injury law, an injured claimant must satisfy certain legal elements before recovering. If a personal injury claimant can satisfy these elements, then damages may be awarded.
One of the main reasons it’s difficult to win compensation for a personal injury case is due to the various personal injury laws and statutes which can be exceedingly complex and difficult to understand. Unless you have a deep understanding of law, you may unwittingly make mistakes that could spell disaster for your case.
Generally, a personal injury claim requires four elements. These aspects of a claim help to prove that the other party is negligent, and thus at-fault for the claimant’s injuries.
Every personal injury negligence case requires that the claimant prove a duty of care. A duty of care is a legal concept that refers to one’s duty to the claimant. The at-fault party typically has a duty to act within the confines of reasonable behavior.
For example, a driver has the duty to obey traffic laws and not run red lights.
This burden of proof means that it is more likely than not that the injured claimant’s argument is true. Thus, the probability that the plaintiff is telling the truth must be any value over 50%. This is also called a “preponderance of evidence.”
Injured claimants deserve to have an experienced and professional personal injury lawyer. Without a sound attorney, a claim may fail. It can be very difficult to prove the chain of causation between an accident and an injury. This can be highly problematic for claimants who are severely hurt. Fortunately, personal injury claims do not rely entirely on negligence.
Personal injury cases also factor into two other concepts:
These areas of law help to hold many parties at-fault for claimant injuries.
Instead, the injured party must prove that the product was designed or manufactured in a way that made it unreasonably dangerous. This danger should be present when the product is used as intended.
Although some cases may hold criminal consequences, the intentional wrong case is handled in civil court. Criminal charges may be brought separately.
In some complicated cases, multiple charges may be brought. Claimants in these circumstances should seek an experienced Fort Myers Personal Injury Attorney available.
A sound legal mind can also ensure that his or her clients understand Florida’s relevant laws. The state of Florida has a number of specific personal injury laws that affect the outcomes of claims.
One such law pertains to automobile accidents. Although car crashes lead to many personal injury cases, Florida has a special rule. Known as a no-fault state, Florida requires that all persons’ insurance companies cover car accident injuries and damages. It doesn’t matter who is at fault.
However, Florida will permit personal injury lawsuits if a car accident is deemed serious. The state’s law defines personal injuries as serious if they lead to:
Because these criteria may be highly subjective, a claimant should provide as much information as possible. Relevant medical documentation may include diagnoses, treatments, and other reports. A good accident attorney can help prove that injuries are severe.
A top personal injury specialist will also help you recover all damages possible. A claimant can recover various types of personal injury damages.
An experienced injury attorney in Fort Myers FL can deliver a compelling legal case that will greatly benefit your claim. If you want a full and fair compensation package, you need Fort Myers Personal Injury Attorney who understands the game.
It doesn’t matter if you’ve been bitten by a dog or hit by a drunk driver. It doesn’t matter if you’ve endured medical malpractice or suffered a slip-and-fall. We have seen and won, all types of cases and claims.