How to Prove Negligence in a Personal Injury Case
In the civil justice system, lawsuits are meant to recover financial damages to help an injured party become whole again. In some cases, the money that a victim receives from their personal injury claim is able to help them get the medical attention they need to fully recover, as well as pay for the other losses they suffered. Of course, this is not the case for everyone. There are catastrophic personal injury accidents in which no amount of money can make up for the quality of life that a person has lost due to their injuries.
Still, if you are injured by the misconduct of another party, then it is worthwhile taking your case to an attorney and having it reviewed. Depending on the circumstances of your personal injury experience, you may be entitled to compensation, and filing a personal injury claim is the way to achieve this objective.
Personal injury claims can be complicated, and several things can happen during the process which can alter a winning strategy. Working with an attorney can help you better manage your claim and adjust to any bumps in the road that may come about. In Florida, the Tampa personal injury attorneys at Fulgencio Law can use their legal experience to help you obtain the most favorable results from your claim.
Showing Negligence Existed in a Personal Injury Case
Negligence is the term that explains mistakes and errors that are not intentional but do cause physical bodily harm to others. While a party may not mean to cause harm to others, if their behavior is reckless and with little regard for the wellbeing of others, then an unintentional injury accident can happen, and people can get hurt.
Negligence is a critical factor in a personal injury claim. A claimant must show that their accident was caused by the negligence of another party to obtain monetary compensation for their losses. To prove negligence, the following four elements must be present.
- The individual that caused the personal injury event had a responsibility or duty to the party that was harmed.
- The individual that caused the personal injury event violated their established duty to the party that was harmed.
- The violation by the individual that caused the personal injury event did cause physical bodily harm to the victim.
- Damages or losses were suffered by the victim as a result of this sequence of events. Damages would be medical expenses, missed wages, and property damage repairs, for example.
Proving negligence can help a victim obtain the compensation they deserve for the harm they had to endure. And, in some cases, if it can be shown egregious negligence took place, then it is possible, although rare, to obtain punitive damages. Punitive damages are an extra amount of money that is added onto a settlement amount as a means to punish the individual that caused the accident for their complete disregard for the safety of others.
Speak with an Attorney at Fulgencio Law Today
The experienced Tampa personal injury attorneys at Fulgencio Law can help you with your claim, including proving that negligence on the part of the party that caused your accident existed. For more information and for assistance with a personal injury claim in Florida, please call (813) 463-0123 to schedule a free consultation.
