Negligence

Establishing Negligence in Florida: How QBM Legal Can Help You Prove Your Case

 

Accusing another party of negligence and seeking the compensation you deserve requires proper evidence and legal expertise. At QBM Legal, we understand the complexities of personal injury claims and are committed to helping you build a strong case to prove negligence.

 

Our experienced attorneys will work diligently to establish the following elements of your claim:

 

• Duty:

 

The first step in a personal injury claim is demonstrating that the person who caused your injuries owed you a legal duty of care. For instance, property owners owe visitors a duty to keep the property free from hazards, and all drivers owe other road users a duty to drive safely.

 

• Breach:

 

If the other party has violated a statute, this can establish negligence per se. This means proving both duty and breach simultaneously.

 

A conviction by a court can sometimes prove the other party violated a statute. For example, if the other party in your accident case received a DUI conviction, we can use that to prove a breach of duty. However, even if there was no criminal conviction, you should not hesitate to pursue a civil claim.

 

Expert or "forensic" evidence may be necessary to establish a breach if the other side denies responsibility. We will work with experts who can help us establish responsibility for your injuries.

 

• Causation:

 

Even if you have established duty and breach, there may be a question of whether the other party was solely responsible for the harm, or if you contributed to (or could have minimized) the harm. In Florida, being partially responsible does not prevent you from recovering for your injuries; however, it may affect the amount recoverable. Our team may work with experts to reconstruct the accident and determine the proportion of fault and injuries attributable to the other party.

 

Even if there is no dispute as to who is 100 percent responsible, the legal system requires that you prove "proximate cause." This means only damages that occurred "but for" the other party’s wrongful act or omission are compensable.

 

For example, if you were injured in a slip and fall accident, we must prove that your injuries would not have occurred but for the broken handrail on the defendant's property.

 

• Damages:

 

Once we have proven the other party's liability, we must show that you sustained injuries in the accident. Some damages may be apparent, such as medical expenses for broken bones, surgeries, hospitalization, and physical therapy. However, other damages, like pain and suffering, lost enjoyment of life, and ongoing medical needs, require expert testimony to assign a monetary value.

 

Pain and suffering is a subjective and often disputed factor in personal injury cases. It affects the whole person, including emotions, and is a critical aspect of your claim.

 

You may have injuries that require further or permanent ongoing medical attention, and expert testimony is essential to place a value on these types of damages.

 

If you have missed time from work, you may have also missed the benefits of employer-matched 401(k) contributions or other economic benefits. Determining the amount of potential contributions may require the assistance of a financial expert.

 

As you can see, proving damages and the other elements of your claim require the skill of knowledgeable personal injury lawyers. Our firm is well-equipped to help you establish the total value of your claim.

Assisting You Through the Legal Process: How QBM Legal Can Help

 

At QBM Legal, we are dedicated to providing comprehensive legal support and personalized attention to clients who have been affected by personal injury incidents. Our experienced attorneys will guide you through every step of the process, ensuring that your rights are protected, and you receive the compensation you deserve. Here's how our firm can assist you:

 

• Case Evaluation:

 

We start by conducting a thorough and detailed evaluation of your case. Our attorneys will listen to your account of the incident, gather essential evidence, and assess the extent of your injuries and damages. This evaluation helps us determine the strength of your claim and the potential compensation you may be entitled to.

 

• Building a Strong Case:

 

Based on the evaluation, we will build a robust case to establish negligence and liability. Our team will gather relevant evidence, such as accident reports, witness statements, photographs, expert opinions, and any other documentation necessary to prove the other party's negligence.

 

• Expert Witnesses:

 

In cases where liability is disputed or complex, we work with expert witnesses, such as accident reconstruction specialists, medical professionals, and financial experts, to strengthen your case. Their expertise helps clarify the circumstances of the incident and the full extent of your injuries and losses.

 

• Negotiation and Settlement:

 

We understand the importance of resolving cases efficiently while ensuring you receive fair compensation. Our skilled negotiators will engage with insurance companies and the at-fault parties to seek a settlement that adequately covers your damages. Our priority is to protect your best interests and pursue the maximum compensation available.

 

• Trial Advocacy:

 

If a fair settlement cannot be reached through negotiation, we are fully prepared to take your case to trial. Our experienced trial attorneys will vigorously advocate for your rights in the courtroom, presenting compelling arguments and evidence to secure a favorable verdict.

 

• Compassionate Support:

 

We recognize the emotional toll personal injury incidents can have on you and your family. Throughout the process, our team will provide compassionate support, addressing your concerns, and keeping you informed about the progress of your case. We are here to answer your questions and offer guidance during this challenging time.

 

• Contingency Fee:

 

We believe that seeking justice should not add financial burden to your situation. That's why we operate on a contingency fee basis, which means you do not pay any upfront legal fees. Our fees are only collected if we successfully recover compensation for your injuries and losses.

 

If you or a loved one has been injured due to someone else's negligence, don't hesitate to seek legal assistance.

 

Call us today at +1 (954) 669-0809 to schedule a FREE consultation.

 

Our team at QBM Legal is committed to fighting for your rights and helping you through this difficult process. Let us be your trusted advocates and pursue the justice and compensation you deserve.