How Do You Know If You Have a Personal Injury Case in St.Petersburg
Michael Babboni
Personal Injury
If it is time for you to file a personal injury claim, you may find that the process can prove to be overwhelming and frustrating, especially if you are also dealing with serious injuries and financial loss. A successful personal injury claim can help you get back on your feet and provide you with the financial remedy you need.So, how do you know if you have a personal injury case in St. Petersburg? Read on to learn more about the basic requirements, the process, and what you can expect.
Basic Personal Injury Requirements
If you were in an auto accident and sustained serious injuries and property damage and someone else is at fault, you may be entitled to compensation. You will have to prove that the defendant owed a duty of care to the injured party, the defendant breached their duty and caused the victim’s injuries, and the injured party suffered harm that can be remedied in civil court.
When negligence is the case of action, and you are unsure what to do, an experienced personal injury attorney should be on your list of people to call. They can share the legal options available and help you navigate the process.
Proving Negligence in a Personal Injury Case
Now you have to prove negligence and assert a claim that is beyond a preponderance of the evidence. You have to prove that the defendant is responsible for the injuries.
To do this, there are a few basic requirements you and your attorney will keep in mind moving forward with a negligence case.
• Duty of Care: The evidence will be used to prove there was a duty of care owed to the plaintiff. For example, if it was a slip and fall and the defendant knew about the spill and failed to post a sign or clean up the mess immediately, then they were negligent in their actions.
• Breach: Once a duty of care has been established, the attorney will attempt to establish a breach of duty. In the example above, the breach would be failing to post a wet floor or caution sign near the spill where the accident occurred.
• Cause: Once duty has been breached, it has to be proven that it was the cause of the injuries. The plaintiff must prove that the injuries would not have happened if the cause didn’t exist. It must be proven that the injuries resulted from the defendant’s conduct.
• Damages: The attorney will then determine the damages you may be entitled to. If you slipped, but it was a minor fall, and there was just bruising and no medical bills, then there was no actual physical or emotional harm and no financial damages that must be addressed. However, if you suffered physically and accrued medical bills, you will file your claim, including all your medical expenses.
Should You Talk With a Personal Injury Attorney?
As you can see, some basic requirements must be met to file your personal injury claim. An experienced attorney can help with this, especially when medical care is involved. They can communicate with the insurance company, anticipate any problems that may potentially hurt your claim, and help you collect the evidence you need, including your medical records.
So, before you write off your injuries or avoid filing a claim because you think the process is too complex, consult a St. Petersburg personal injury attorney who can help.