If you’ve been injured because of somebody else’s fault, you may be entitled to receive compensation. Such financial compensation is often necessary for people to be able to pay medical bills, prescription charges and cover other monetary losses, such as loss of earnings if a person is unable to work. Claimants may also be able to seek damages for non-economic losses, emotional distress, reduced quality of life, pain, suffering and similar. When it comes to personal injury, Orlando citizens may be able to claim against any party who was negligent. The burden of proving negligence in personal injury claims rests with the claimant. In other words, if you’ve been injured because of someone’s negligence, it is for you to prove such negligence. In Florida, there are several legal elements you must satisfy to be successful with a PI claim.
Firstly, you must establish that the other party, or defendant, actually had a duty of reasonable care toward you. In other words, the person at fault had a legal responsibility to ensure you (or the public in general) were safe. Essentially, people should not act in a way where there is a reasonable belief that their actions could harm other people.
For example:
If you can establish that the defendant owed you a duty of care, you must then show that they breached that duty of care. This is essential to prove negligence for personal injury in Orlando. A violation of duty of care can be through an action or an omission, or failure to act. Examples include:
Successful claims for PI in Orlando don’t just require that you were injured; you must also show that the injuries were directly caused by the defendant’s breach of their duty of care. There must be a causal link between their breach and your injuries. If they violated a duty of care owed to you, but you suffered no injuries, a claim will fail. Similarly, if your injuries were caused by other factors, a PI claim will fail.
In Florida, courts also take into account whether you too were negligent, and whether you took steps to mitigate harm or avoid injury. Negligence on your part doesn’t prevent you from proving negligence on somebody else’s part, but the amount of your compensation may be reduced.
In Florida, there are some situations where you don’t need to prove negligence; it is assumed as a matter of law. This arises where:
Many times, proving negligence can be complicated. If you’ve been injured because of another person, contact the experts at Maaswinkel Law to arrange a free, initial consultation.
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Disclaimer regarding the outcome of legal matters on The Maaswinkel Law, P.A website. All lawsuits are unique, and the law firm does not make any representation or promises that it can achieve the same results in other legal matters. Additionally, nothing on the website should be interpreted as a guarantee, warranty, or prediction regarding the outcome of any future legal matter.