How to Prove Negligence in my Personal Injury Case?
If you were injured in an accident because of someone’s negligence, you may need to file a claim or lawsuit for compensation. To receive money for your injuries and losses, you must prove negligence. This article will teach you how to prove negligence in your accident case. If you have questions or want to file a claim, speak to one of our Tampa personal injury attorneys at Matthews Injury Law.
How To Prove Negligence
Florida law allows an injured party to sue the negligent party for their losses, but how do you prove negligence? Four elements must be satisfied in a lawsuit to recover damages:
Duty Of Care
Duty of care means someone’s legal responsibility to do something. For example, Tampa drivers have a duty of care to drive safely and obey traffic laws. If another driver runs a red light and hits your vehicle, they have violated their duty of care to drive safely.
Breach Of Duty
A breach of the duty of care means doing something that violates this important legal principle. As described above, a driver running a red light and hitting your vehicle breaches the duty of care.
Causation refers to whether the damages sustained by the plaintiff were related to the breach. So, if you have a broken arm, can you prove that the defendant running a red light and hitting your vehicle caused the injury? Also, could it have been predicted that breaching the duty in this way would have caused the injury? In the case of running a traffic light, yes, we can predict that taking that action could lead to an accident and injuries.
The last part of proving negligence for a lawsuit is showing that you have injuries and related damages. So, it is insufficient to prove that the plaintiff ran a red light and hit your car. You must also have damages from the accident, which could include:
- Economic damages include medical bills, rehabilitation expenses, and lost earnings. These damages can be proven by presenting doctor’s bills, hospital bills, and paystubs and related statements from your work showing the time you have missed.
- Non-economic damages, such as pain and suffering and loss of enjoyment of life. These damages are more difficult to quantify, so your attorney must show how much pain and discomfort your injuries caused you.
Proving negligence in an accident can sometimes be easier said than done. Even when the fault for the accident seems clear, do not be surprised if the other party disputes your version of events. Thus, you should always hire a skilled Tampa personal injury attorney to assemble an airtight case that proves negligence by a preponderance of the evidence.
Contact Our Tampa Personal Injury Lawyers at Matthews Injury Law
Being seriously injured in an accident can turn your life upside down. But if you and your attorney can prove another party was negligent, you could receive much-needed compensation for your recovery. For example, you could get compensation for your medical bills, lost earnings, pain and suffering, and mental anguish. With the help of a Tampa personal injury attorney at Matthews Injury Law, you could soon receive the financial assistance you need. Call us today at (813) 530-1000 for a free case review.