How to Prove Negligence in a Personal Injury Case?
Personal injuries in Tampa often happen as the result of another’s negligence. As the victim, you are entitled to hold the at-fault party liable for medical expenses, lost wages, and other tangible or intangible costs you incur as a result. Our Tampa personal injury attorneys explain the four elements of negligence and the evidence you will need to get compensation.
Four Elements of Negligence in Tampa Personal Injury Claims
According to the Florida Department of Health, accidental injuries are a leading cause of death and disability in the state. While they may have happened unintentionally, the fact is that negligence on the part of others involved is often to blame.
Negligence means that the at-fault party either took actions that put you at risk or failed to take reasonable precautions. Under the Florida Statutes, injured victims have the right to seek compensation through a personal injury claim but will need to prove negligence. There are generally four elements involved:
- Proving the at-fault party had a legal duty to the victim: In the case of a car accident, this involves showing that the at-fault driver had a legal duty to refrain from behavior that put others at risk.
- Proving a breach of this duty: This involves showing how reckless behavior, such as speeding or driving under the influence, puts others on the road at risk.
- Proving negligence was the cause of the victim’s personal injuries: This involves showing that the other party’s actions were the direct cause of harm to the victim.
- Proving the victim suffered damages:This involves providing evidence showing the victim suffered actual harm and financial losses as a result.
Evidence Needed to Provide Negligence in a Tampa Personal Injury Case
When negligence on the part of others leaves you suffering potentially serious personal injuries in Tampa, you may be entitled to compensation either through the at-fault party’s insurer or by filing a personal injury lawsuit through the Hillsborough County Civil Court. Evidence needed to prove negligence in a claim includes:
- Accident reports filed by police or other authorities detailing what happened and the people involved;
- Statements from witnesses who may have seen how your accident happened;
- Photos and videos from the scene, documenting the damages and the extent of your injuries;
- Medical records and statements from your doctor describing your injuries, the impact they have on your health, any recommended treatments, and your prognosis for recovery;
- Pay stubs and statements from your employer detailing lost income and how your injuries impact you on the job;
- Statements from you and your family describing the impacts your injuries have on other areas of your life.
Contact Our Tampa Personal Injury Attorneys
At Carman, Bevington & Finegan, P.A., we are one of Tampa’s highest-rated personal injury law firms. With decades of combined experience on our side, we can help in proving negligence and getting you the total amount of compensation you deserve. To request a consultation, call or contact our Tampa personal injury attorneys online today.