Getting injured in an accident can be one of the most traumatic experiences a person would ever encounter. The pain and trauma of the accident are only made worse by the realization that the accident resulted from someone else’s negligence. In such cases, it is natural to wonder about your legal options and whether you could obtain financial compensation through a personal injury lawsuit against the negligent party. With the help of a skilled Boca Raton personal injury attorney at Kogan & DiSalvo in Florida, you can seek legal action against the individual or entity responsible for your accident and injury. However, obtaining a successful outcome depends on multiple factors like liability, causation, damages, and more. Let us look at some of the most important elements of a personal injury lawsuit.
Determining Negligence
Establishing negligence is one of the most crucial components of any personal injury lawsuit. Negligence is a legal determination of the percentage of fault of a defendant in causing the accident and subsequent injury. All personal injury lawsuits ranging from slip and fall incidents to car crashes determine negligence based on the principle of duty of care. According to this principle, you must prove that the defendant owed you a duty of care, took actions that violated this duty of care, and this violation resulted in direct harm to your person or property through an accident.
Demonstrating Causation
For a successful outcome, you must demonstrate a causal link between the actions of the defendant and your injuries. You must prove in court that the accident that resulted in your physical and financial losses occurred due to the actions of the defendant. Establishing negligence helps in demonstrating a causal link between the defendant’s action, the accident, and your injuries and monetary damages. This is why it is important to build a solid case after the accident. Once you have accumulated enough evidence against the defendant then it allows legal professionals to assess the situation.
Calculating Damages
If you are pursuing legal action against the individual or entity responsible for your accident, you will have to provide an amount that accurately reflects the possible damages that resulted from the incident. Your legal team will calculate these damages based on your medical bills, lost wages, property damage, incidental expenses, costs of ongoing medical and occupational therapy, and more. Additionally, they will also assign a monetary value to non-quantifiable damages such as emotional pain and suffering. This determination is based on multipliers outlined by United States law and can be included as part of your demands from the defendant.
Physical Evidence
Physical evidence is necessary for these types of situations. This can include photos and videos of the location of the accident, your injuries, and property damage, eyewitness statements, police or incident report, medical records, and other documents. These are crucial to establishing the negligence of the defendant and supporting your version of events in a court of law. A preponderance of the evidence is one of the most important determinants of the outcome of any personal injury lawsuit. This is what you typically present to a lawyer if you want them to represent your case. They will go through the evidence and see what you can get out of it financially.
Statute of Limitations
A statute of limitations is a legal deadline for filing a personal injury lawsuit. After which a plaintiff loses their right to seek legal action against the defendant. The clock starts as soon as your accident occurs, and the time limit varies between different state legislatures. To ensure that your case will be entertained in court, you must file your lawsuit within the stipulated time frame and enhance your chances of success. This is why it’s best to reach out to a legal professional as soon as possible. They will be able to go through your evidence promptly without there being any stress.
Conclusion
Multiple factors come into play during these types of lawsuits. These factors include negligence and causation, damages, physical evidence, following the statute of limitations, and other variables that determine your chances of a favorable outcome in a personal injury lawsuit. If you got injured due to someone else’s negligence, an experienced personal injury attorney might help you obtain adequate compensation for your losses. Once they have all the information necessary, they will do everything in their power to get you the justice you deserve.
