After being injured in an accident that was caused by someone’s reckless behavior, you’ll probably want to know how to hold them responsible and give yourself a better chance at winning your personal injury case. If you’ve found yourself in this situation, then you’ve come to the right place. Below, this personal injury attorney in Winter Haven, Florida is going to explain what you’ll need to show in order to prove negligence and protect your rights.
What does negligence mean?
Negligence is when someone does not act like a responsible person would and ends up causing harm to someone else. This could be a driver who is busy texting instead of looking at the road, or a property owner ignoring a dangerous condition. If these reckless behaviors cause accidents, the victims can seek compensation to cover their injuries.
To prove negligence in Florida, you need to prove these four key elements — duty of care, breach of duty, causation, and damages. If you can prove all of these, you can hold the at-fault person responsible for your injuries. It really helps to work with a personal injury attorney in Winter Haven, Florida who can make this whole process much easier.
What are the four things you need to prove someone was being negligent?
1. Duty of care: First, you need to prove that the at-fault person owed you a duty of care. For example, drivers are expected to drive safely and obey traffic rules. The same goes for businesses — they must make sure their premises are safe for customers and anyone visiting. If you cannot establish this duty, then you will not be able to move forward with your claim.
2. Breach of duty: Now, you need to prove that the at-fault person breached their duty of care. For example, in a car accident, this could mean they ran a red light, were speeding, or were driving under the influence. For someone slipping and falling in a store, it could be because the store owner or manager did not clean up the spill fast enough.
3. Causation: To prove that someone is responsible for your injury, you’ll have to connect their actions to your injury. For example, if a driver’s reckless behavior is what led to the accident where you got your injuries, you will need to prove that.
4. Damages: Finally, you need to prove that the accident caused some measurable losses, like medical bills, lost income, or emotional pain and suffering. If you can’t prove these damages, even clear negligence may not get you any compensation. The CDC says that when someone gets treated in the ER for a nonfatal injury, it usually costs around $5,800 for their medical care and about $1,690 for the time they miss from work over the year, which is why documenting damages is critical in every case.
Build your case with strong evidence.
Your word alone is not going to be enough to prove negligence in court. You will need evidence like police reports, which give an unbiased account of the incident, and medical records that show how serious your injuries really are. Pictures of the accident, witness statements, and even expert testimony can all support your case as well.
Know that insurance companies might say your injuries are not that bad or even try to pin the blame on you. This is why it’s strongly recommended that you have an experienced personal injury attorney in Winter Haven, Florida by your side. They can collect all the evidence that makes your case strong and help you get the compensation you deserve for what you have been through.
Act fast to protect your legal rights.
In Florida, there are strict deadlines for filing personal injury lawsuits. According to Florida Statutes § 95.11, you have two years from the day of the accident to get your claim in. If you wait too long and miss that deadline, you might not be able to get any compensation, even with clear negligence.
The sooner you act, the better chance you have of meeting these deadlines and preserving critical evidence for your case — such as surveillance footage or witness statements. Consulting an experienced personal injury attorney in Winter Haven, Florida early on can help you make sure everything is taken care of properly.
Looking for a Personal Injury Attorney in Winter Haven, Florida?
Have you been injured due to someone else’s negligence and are looking to file a personal injury claim? Ready to partner with an experienced personal injury attorney in Winter Haven, Florida who can guide you through the process? If so, look no further than Tonya Stewart and her legal team at Tonya Stewart Law PA. Contact us today at (863) 279-4473 to schedule a free consultation.