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How to Prove Liability and Damages in Personal Injury Cases?

In order to prove that someone's negligence led to your injuries, you will have to show that the negligent person or company had a duty of care that was breached. This breach of care was the reason for your injury, which in turn, resulted in financial damages and losses.

Personal injury law, also known as tort law, is designed to protect you if you are injured or harmed because of someone else's action or failure to act. In a successful tort legal action, the defendant compensates the plaintiff. To prove the defendant's accountability, Florida law requires plaintiffs to show evidence that:

  • The defendant had a duty not to injure you and failed to live up to that responsibility
  • There is a link between the duty of the accused and your injury
  • You suffered damages or financial losses as a result of the accident.

The defendant can be liable in a personal injury case for the following specific types of acts:

  • Intentional acts - the defendant meant to cause an accident or an injury to the plaintiff and was fully aware of the committed deed.
  • Negligent or unintentional acts - the defendant does not mean to harm the plaintiff, but his actions end up causing injuries or harm. These types of acts are usually about accidents that could have been avoided if proper care would have been exercised.
  • Strict or absolute liability - this refers to defective products, where the manufacturer can be held responsible as long as there is proof of harm from the defective product use.

Thus, accountability can emerge in any context, including products liability or motor vehicle accidents. For example, a driver injured in a big rig collision will have to prove that the truck driver’s or another party's actions fell below the standard of care. An example of actions that fall below the standard of care would be a truck driver who runs a stop sign, or the makers of a truck part when the collision was caused by a defective component of the vehicle.

By demonstrating the defendant's liability in causing the plaintiff's injuries, our Miami based law firm helped numerous individuals obtain compensation for their:

  • medical expenses
  • physical and mental suffering
  • loss of income and reduction in lifestyle.

For questions and free legal advice to help individuals please call us

305.416.9805
Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.