Negligence
We can help you prove your case.
You cannot just accuse another party of negligence and recover the compensation you need. We need to prove it. To establish the other party is liable for your injuries, we will work to prove the following:
Duty
The first element of a personal injury claim is establishing that the person who hurt you owed you a legal duty of care. For example, all property owners owe visitors a duty to keep the property free from hazards. 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. Negligence per se means that you can establish the first two elements of your claim (i.e., both duty and breach) at the same time.
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. The burden of proof is much higher in a criminal (or traffic) proceeding than it is in a civil case. However, just because a third party did not convict the wrongdoer does not mean you should not pursue a civil claim.
Expert or “forensic” evidence may be necessary to establish a breach if the other side is denying 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 side was solely responsible for the harm, or whether you contributed to (or could have minimized) the harm. In Florida, being partially responsible does not prevent you from recovering for your injuries; however, you may need an expert to reconstruct the accident to determine what percentage of the fault and injuries to attribute 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.” What this means is that only those 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 was liable for your accident, we must prove that you sustained injuries in that accident. Some damages may seem obvious. If you have a broken leg, ambulance bill, a surgery, hospitalization, physical therapy, and physical therapy, tabulating your medical expenses may seem straightforward. Other damages, however, are not readily apparent.
Pain and suffering is a subjective and often disputed factor in personal injury cases. Pain does not affect the body alone: it affects the whole person, including emotions.
Not being able to carry out your normal daily activities or enjoy hobbies has a monetary value. If someone’s negligence deprived you of life’s meaningful moments, that person should compensate you.
You may have injuries that require further or permanent ongoing medical attention. Placing a value on these types of damages requires expert testimony.
If you have missed time from work, you may have also missed the benefits of employer-matched 401(k) contributions, or some other economic benefit. Determining the amount of potential contributions can be almost impossible without the help of a financial expert.
You will likely also need a financial expert if you are self-employed and need to prove loss of income.
As you can see, proving damages (as well as the other elements of your claim) requires the skill of a knowledgeable personal injury lawyer in Broward County. Our firm can help you establish the total value of your claim.
Call us today at +1 (954) 669-0809 to schedule a FREE consultation.
