What Do I Need To Prove To Win A Personal Injury Lawsuit In Orlando?
Many people file personal injury lawsuits in Orlando, but not everyone experiences a positive outcome. If you want to take this type of legal action, you should obviously do everything in your power to win. Losing a lawsuit can be costly and stressful — not to mention a total waste of time. Fortunately, you can raise your chances of a positive outcome significantly by approaching your lawsuit in an efficient, calculated manner. One of the most important things you can do during these initial stages is to discover exactly what you need to prove.
Of course, another important early step is to get in touch with a qualified, experienced personal injury attorney in Orlando as soon as possible. These legal professionals can explain the general steps for filing a personal injury lawsuit, helping you understand exactly what to expect. In addition, they can help you gather evidence, negotiate on your behalf, and represent you in court if necessary. Remember, the sooner you get in touch with an attorney, the better. This is because the statute of limitations may prevent you from taking action if you wait too long. In addition, important evidence can deteriorate or disappear with time.
The Four Elements of Negligence
In general terms, you will need to prove that the defendant was negligent in order to recover a settlement. But what exactly is negligence? This term is closely aligned with words like “fault,” “blame,” “liability,” or “responsibility.” When you prove that the defendant was negligent, you are showing the court that their behavior led directly to your accident and injuries. It’s worth pointing out that both actions and inactions can be considered negligent. A defendant’s failure to act can easily result in injuries.
Negligence consists of four essential elements. You will need to show that all of these elements are present if you want to achieve success in your lawsuit.
- Duty: First, you’ll need to show that the defendant owed you a “duty of care.” This is basically how a reasonable individual should behave towards other people in order to ensure their safety. While everyone owes each other a reasonable duty of care, some individuals are held to a higher standard than others. For example, a property owner is required to protect members of the public who are on their premises, and a doctor is expected to exercise care and caution when dealing with patients.
- Breach: Next, you’ll need to show that the defendant breached or “failed” in their duty of care.
- Causation: You will also need to show that there was a direct link between the defendant’s breach of duty and your accident. In other words, cause and effect.
- Injuries: Finally, you will need to show that you suffered legitimate injuries as a result of the accident. This is usually as easy as showing your medical records to the court.
Enlist the Help of a Qualified Attorney Today
For help with your case, reach out to the skilled Orlando personal injury lawyers at Payer Law. Over the years, we have helped numerous injured victims. These include victims of car accidents, slips and falls, workplace accidents, and much more. We can help you prove negligence in an effective, confident manner, increasing your chances of a fair, adequate settlement that reflects the true extent of your injuries. Book your consultation today.