Have you ever been injured and thought, “That wasn’t my fault! How am I going to recover from this injury?” There are many instances where a person is injured and incurs emotional, physical, financial, and even spiritual hardship. What the injured person doesn’t know is that there is help available to recover from these hardships. Hiring a personal injury lawyer in Florida can be the key to getting you on the road to holistic recovery.
What Constitutes Liability in Florida?
So you were injured. Now what? How do you know if you have a personal injury case? The state of Florida requires certain aspects to be met in order to establish another party’s liability. In court, a personal injury lawyer Lake Worth must show proof of the following:
- The defendant owed the victim a duty of care: The defendant (person at blame) had a duty under the law to take reasonable precautions to avoid harm.
- The defendant failed to provide that care: The defendant breached their obligation to protect you by willfully or negligently failing to do so.
- Your injuries were caused by their failure: The “proximate cause” of your injury was the defendant’s breach of their duty of care. In other words, but for the defendant’s carelessness, your harm would not have happened.
- You incurred damages from the injuries: You had measurable losses in terms of money, health, and/or mental well-being. Even if a defendant committed a negligent act, you cannot file a lawsuit if you did not sustain any losses.
Personal Injury Cases in Florida
Are you still unsure if your injury would qualify? Below are some examples of personal injury cases in Florida to help you understand the types of cases that have been tried successfully in the state:
Morgan v. Wal-Mart: This case involves a woman seriously injured in a Walmart parking lot after falling into a pothole. The lawsuit alleged that Walmart was negligent in maintaining the parking lot and failing to warn customers of the hazardous condition. This case can be found at 166 F.3d 1075 (5th Cir. 1999).
Colson v. Miami-Dade County: This case involves a woman injured in a car accident caused by a malfunctioning traffic signal. The lawsuit alleged that Miami-Dade County was responsible for maintaining the signal and failed to do so, resulting in the accident. This case can be found at 124 So. 3d 346 (Fla. 3d DCA 2013).
Perez v. Allstate Insurance: This case involved a man who was seriously injured in a car accident and sought to recover underinsured motorist benefits from Allstate Insurance. The case went to trial and resulted in a significant award for the plaintiff. This case can be found at 70 A.D.3d 1183 (N.Y. App. Div. 2010).
Paz v. Universal Studios: This case involves a woman injured on a ride at Universal Studios. The lawsuit alleged that Universal Studios was responsible for the ride’s design and failed to properly maintain it, resulting in the plaintiff’s injuries. This case can be found at 264 Cal. App. 4th 249 (2019).
Valencia v. Brightline: This case involves a woman injured in an accident involving a Brightline train. The lawsuit alleged that Brightline was responsible for the accident and failed to take adequate measures to protect passengers. This case can be found at 273 F. Supp. 3d 1350 (S.D. Fla. 2017).
Liability will depend on the particulars of the case but know that negligence is to blame for the majority of accidents. It can be difficult to establish negligence and who is responsible for your injuries. A personal injury attorney Lake Worth will carry out a comprehensive investigation to gather evidence and, if required, will hire an expert to reconstruct the accident to determine who is responsible for what happened.
The at-fault party will normally have liability insurance so that you will make a claim, and the at-fault person’s insurance company will decide who is responsible. The insurance may determine that their policyholder is at fault after thoroughly reviewing the facts, and they can then make you an offer of settlement. On the other hand, you and your lawyer might decide to file a personal injury case so the court can make the decision if responsibility is disputed.
We Can Help You Prove Liability
Adolphe Law Group will help you determine and gather evidence to prove another party is liable for your accident. Contact us today to speak to a highly-skilled Florida personal injury lawyer in a free consultation.