If you or a loved one was injured due to the negligence of another person, business, or entity, you may be eligible to recover compensation for your losses.
A personal injury lawyer in Sebastian, FL, can protect your right to seek the damages you deserve. Call the Law Offices of Anidjar & Levine today to discuss your case with our team.
Proving Negligence in a Personal Injury Claim in Sarasota, FL
Proving negligence is critical to establishing the liable party’s responsibility for the victim’s injuries in a personal injury claim in Sarasota, FL. The steps for proving negligence include the following:
That they owed you a duty of care
This step involves proving that the defendant (the party being sued) had a legal obligation to act in a certain way toward you. In personal injury cases, this could mean a driver’s obligation to obey traffic laws, a business owner’s duty to keep their premises safe, or a doctor’s responsibility to provide standard medical care. The nature of the duty will vary depending on the relationship between the parties and the circumstances of the case.
That they breached this duty, either through their actions or through inaction
After establishing the duty of care, it must be demonstrated that the defendant failed to uphold this duty. This breach can occur through a specific action (such as running a red light) or inaction (such as failing to clean up a spill in a store aisle). Evidence of the breach could include eyewitness testimony, surveillance footage, incident reports, or expert analysis.
That their breach of duty caused the accident
Establishing causation requires showing a direct link between the defendant’s breach of duty and the accident. This means proving that the accident would not have happened if the defendant had acted differently. Causation can sometimes be challenging to establish, especially if multiple factors are involved in the accident. Expert testimony, such as that from accident reconstruction specialists, can be critical in making this connection clear.
That their breach of duty resulted in your injuries
The final step is to prove that the plaintiff’s injuries were a direct result of the accident caused by the defendant’s breach of duty. This involves providing medical records, expert testimony from doctors, and evidence of the injuries’ impact on the injured person’s life. It’s essential to link the injuries directly to the accident to prevent the defendant from arguing that the injuries were pre-existing or caused by unrelated events.
Proving negligence in a personal injury claim requires a thorough understanding of legal principles and a strategic approach to presenting evidence. Each of these steps must be convincingly demonstrated to establish the defendant’s liability and secure compensation for the victim.
Recoverable Damages After a Personal Injury Accident
Regarding personal injury accidents, the range of recoverable damages aims to compensate the victim for their losses and injuries. These damages can vary widely from case to case, reflecting the unique circumstances of each accident and its impact on the victim’s life. Here’s an expanded look at the types of damages that may be recoverable:
- Medical Bills: This category encompasses the costs associated with medical treatment related to the injuries sustained in the accident. It includes past, current, and future medical expenses—everything from emergency room visits, hospital stays, surgeries, medication, physical therapy, and long-term care needs. The goal is to ensure that their recovery costs do not financially burden the victim.
- Lost Wages: Victims often suffer financial losses because they are unable to work while recovering from their injuries. Lost wages compensation aims to reimburse them for the earnings they have missed out on. This includes not only the income lost from the time immediately following the accident but also any other work-related benefits, such as bonuses or vacation time.
- Diminished Earning Capacity: In cases where the victim’s injuries affect their ability to earn a living in the future, they may be entitled to compensation for diminished earning capacity. This type of damage accounts for the difference between what the victim was capable of earning before the accident and what they are now able to earn, considering their injuries. It requires a thorough analysis of the victim’s career prospects, skills, and the extent of their injuries.
- Pain and Suffering: This non-economic damage compensates the victim for the physical pain and emotional distress caused by their injuries. It acknowledges that not all losses are financial and that the impact of the accident on the victim’s quality of life should be compensated. Calculating pain and suffering damages can be complex, as it involves subjective assessments of the victim’s experience.
- Wrongful Death: In cases where the personal injury accident results in death, the surviving family members may pursue a wrongful death claim against the at-fault party. This type of claim seeks compensation for the losses related to their loved one’s death, including funeral and burial expenses, loss of the deceased’s future earnings, loss of companionship, and the emotional pain of losing a loved one. It’s aimed at providing financial support to the survivors and acknowledging the profound impact of their loss.
While money can never compensate for the loss and suffering experienced after losing a loved one, it can provide necessary support for the victim’s family and future.
Other damages may also be available to you. Your lawyer can help review the evidence to determine the recovery to which you may be entitled.
A Personal Injury Lawyer in Sebastian Can Handle Your Claim from Start to Finish
There are many ways that our team can help you seek the compensation to which you are entitled. Some of the things we can do for you include:
- Meeting with you and your family to understand the details of your accident.
- Speaking with your healthcare providers about the full extent of your injuries.
- Reviewing the evidence to build a strong case that supports your claim.
- Handling all the necessary paperwork and back-and-forth communications on your behalf.
- Representing your interests at the negotiating table with the insurance providers and in the courtroom, if necessary.
You Have a Limited Amount of Time to File a Personal Injury Lawsuit in Florida
Florida imposes a statute of limitations on most personal injury cases. Victims of negligence who want to pursue a personal injury claim generally have four years from the date of the accident to do so. If your case involves the wrongful death of a close loved one, a different statute of limitations applies—typically, two years from the date of your loved one’s death.
There are exceptions to these deadlines, depending on your specific circumstances. A personal injury lawyer in Sebastian, FL, can discuss your options and help you ensure the necessary paperwork is filed on time.
Call Anidjar & Levine Today for Your Free Case Review
If you were injured through no fault of your own, help is available. Contact the legal team at the Law Offices of Anidjar & Levine today to learn more about your legal options.
We Can Help.