Sunrise Personal Injury Accidents
Being the victim of an accident can be overwhelming. Whether a slip and fall or a car accident, a defective product or medical device, being harmed when you least expect it can change your life. And, understanding what's next can be confusing. For help navigating the legal system after an accident that was caused by someone else's actions, contact a Sunrise personal injury lawyer.The Elements of a Personal Injury Claim
There are four basic elements to all personal injury claims. In order to recover damages in a civil action, you will have to prove each element. These elements are:
- Existence of duty of care
- Breach of duty of care
Existence of duty of care is usually the easiest factor to establish, and is even implied in some cases. For example, all drivers have a duty of care to all other drivers to drive responsibly and follow traffic laws – in car accident claims, duty of care is implied. However, not all property owners have a duty of care to all people who may enter a property. For example, the owner of private property in Florida has no duty of care to a trespasser, except to not cause the trespasser harm wantonly or willfully.
The second component is proving that the defendant (the person against whom you're filing suit) breached his or her duty of care by acting negligently. Again, negligence can differ on a case-by-case basis, but generally means failing to take proper care to do something. If a driver drives while intoxicated, that's an example of negligence. If a manufacturer creates a product that causes consumer harm due to defective design or manufacture, that's negligent, too.
The third element is causation, or proving that the negligent action above was the direct cause of the accident. For example, failing to repair an unsafe walking surface in a reasonable amount of time is negligent. If that unsafe walking surface is the direct cause of a slip and fall accident, then causation has been established.
Fourth, damages refer to the amount of harm suffered by the accident's victim. For example, a slip and fall accident might cause damages such as broken bones, a head injury, or permanent scarring.How a Personal Injury Lawyer Serving Sunrise Can Help You
The elements of a personal injury claim are complex. To navigate the legal system, it is best to seek the counsel of a personal injury attorney. A Sunrise personal injury lawyer can guide you in:
- Determining against whom to file a civil action
- Gathering evidence
- Proving negligence and damages
- Negotiating for a fair damages amount
A personal injury lawyer on your side also provides you with a knowledgeable advocate throughout every step of the process, giving you both legal and emotional support.
Filing a claim on your own can be puzzling, challenging, and overwhelming to do. But if you've been injured through the negligence of another, you deserve to be compensated for the harm that you've suffered. To ensure that your voice as a victim is heard, contact Sunrise personal injury lawyer Jarrett Blakeley at Blakeley Law Firm, P.A. today. You can call now for a free case consultation at 954-253-9445.