After an accident, you may want justice and think that it was the other party’s fault. However, that is not always true in personal injury cases.
This is why proving negligence is necessary to validate your claim. A personal injury law attorney can help you do that with ease.
If you want to know how such a lawyer can help you, you’re in the right place.
Let’s dig deep into the ways a personal injury law attorney helps their clients prove negligence.
What Is Negligence: Explained By A Personal Injury Law Attorney
Negligence is the failure of a person or entity to act with standard care and caution in personal injury cases. Some incidents include carelessness under negligence.
For example, a drunk driver may have gotten behind the wheel. Meanwhile, failure to act may be the cause of negligence in other cases.
In hit-and-run cases, the at-fault party may leave the scene without calling an ambulance for you. This means they failed to act.
Other personal injury cases in which negligence can be observed include:
- Car crashes
- Pedestrian accidents
- Slip and fall injuries
- Traumatic brain injury cases
- Product liability
- Dog bites
How Does A Personal Injury Law Attorney Help You Prove Negligence?
There are four primary things that form the basis of negligence cases. Let’s look at these factors and how your personal injury law attorney can use them to prove negligence:
1. Responsibility
This factor of personal injury cases is based on the idea that every person has a responsibility to avoid causing harm to others. It is legally mandatory for us to behave with care and caution.
After suffering from an accident, you must offer evidence that the person who caused your accident had a responsibility to fulfill.
Your personal injury law attorney can prove this by understanding the accident better.
They can also find other details from police reports to learn whether the defendant was intoxicated or not.
2. Breach Of Responsibility
If the at-fault party failed in their responsibility due to specific causes, you must prove that. For example, a driver may not obey traffic rules purposely.
The driver may have also been drunk. Your personal injury law attorney can observe the accident’s CCTV footage to prove the driver was not following the rules.
They may also get the breathalyzer results from police officials and submit them with your legal paperwork. This will prove the driver was drunk during the accident.
A lawyer can also meet pedestrians who were at the accident site. Someone may have recorded the incident and obtaining that footage can help your case.
All these things require patience and proper handling. This is why it is better to hire a personal injury law attorney to prove negligence.
3. Causation
This is one of the top things that you must consider in your personal injury case. It is important to prove that the breach of responsibility was the direct cause of your accident.
Proving causation is the most difficult thing in injury cases. Expert forensic reports, photo evidence that was overlooked, repair requests that weren’t followed, and more can help prove causation.
The exact record that must be followed will depend on the type of your accident. A personal injury law attorney can explain every minor thing that can help prove the cause.
This will allow you to think better about the accident. It will also help you mention details that you didn’t disclose because you thought them to be unimportant.
4. Damages
Personal injury damages form the foundation of many negligence cases. This is because you will be filing for compensation according to your damages.
These may include the injuries you sustained after the accident. It can also include the damage your vehicle suffered from.
From physical trauma to mental trauma, every injury is considered under this category. The only difficult part is that you must prove the injury was directly caused by the accident.
The other party may try to prove that your injury was because of a prior accident. This is why you must hire an expert personal injury law attorney.
Your lawyer can prove damages by seeking the opinions of medical experts, medical bills, past and present medical records, and more.
How Does State Law Affect Your Negligence Case?
An expert personal injury law attorney can tell you the complete details about the merit of a negligence case. You must file a claim within the range of your accident’s statute of limitations.
Florida follows modified comparative fault rules. This means the defendant must have 50% or more than 50% of the fault in the accident cause.
If your fault percentage is more than the defendant’s, you cannot sue them.
Example Of A Comparative Fault Case
After slipping due to a loose tile at a café, you may want to sue them for negligence. However, if you were drunk while climbing the stairs, the insurance company can reject your claim.
This is because the court can hold you responsible for 50% of your injuries. If your fault percentage was less than this, you can pursue compensation.
However, the value of compensation will be reduced by your fault percentage. The amount may be less, but it can still help you recover from your financial losses.
You must have an expert personal injury law attorney by your side to help you understand if a case is worth pursuing.
Connect With Us Today
Have you been in a complex accident case and want to prove negligence properly? If so, hiring a personal injury lawyer is your best bet.
You can connect with us through phone or email to set up a consultation visit. During the visit, you can meet our skilled team and make an informed decision.
Our lawyers use new and successful approaches to help clients win a case. So be sure to call us today.
