Role of Negligence in a Miami Personal Injury Case
Injuries happen every day, and often as the result of someone else’s negligence. To get compensatory and exemplary damages in a civil case, such as a car accident or slip and fall, negligence must be proven. Negligence is proven when someone can establish that another’s careless actions resulted in their injuries.
Once negligence is proven, the egregious party will be liable for all or part of the damages sustained. Negligence is important for compensation in a Miami personal injury case, which an experienced injury attorney can help to prove.
Defining a Claim
When it comes to filing a Negligence Claim in a Miami personal injury case, there are four aspects of a situation that must be considered. They are:
Duty is proven when it is proven that the defendant owed the plaintiff a certain standard of care, such as a doctor or an attorney. Having demonstrated that duty of care, the plaintiff must establish that the defendant failed to demonstrate said care.
As the result of the breach of duty, the plaintiff must then demonstrate a direct causation between the defendant’s actions or lack thereof and the plaintiff’s injuries. Finally, the plaintiff was harmed and sustained injuries based on the defendant’s negligence which resulted in legal damages.
In an injury case, negligence is based on the standard of a reasonable person. In other words, what an average person would have done in similar circumstances. If the defendant’s actions fail to meet the reasonable person standard threshold, then negligence has occurred, and one may be entitled to financial compensation as a result of the injuries or harm sustained.
As a result of the defendant’s actions, the injuries sustained must have been foreseeable, and not the result of chance or random circumstances. In other words, it was reasonably foreseeable that the defendant’s actions or inaction would have resulted in the injuries that occurred to the plaintiff.
It is important to remember that a defendant can only be liable for the injuries that were a proximate cause of their actions. For example, if a person was involved in an accident as a result of a defendant’s negligence, the defendant would only be responsible for the damage that they caused.
For instance, if because of the accident one suffered whiplash and the rear and front fenders of the vehicle were damaged, the defendant would not be responsible for any preexisting injuries that they had, or any previous issues the vehicle had.
The level of care that a person owes another in a case varies based on the relationship and circumstances. For instance, a person’s doctor would owe them a much higher level of care than say the receptionist at the front desk in the emergency room.
The receptionist may have a duty to ensure one gets seen by the doctor. However, the doctor is responsible for attempting to remedy what ails one based on standard medical care.
No one can predict an accident, nor the injuries that result. However, no one should have to face the recovery process alone.
If you or someone you know has been hurt or injured by someone else’s negligence, speaking with an attorney and discussing your case can provide you with the insight necessary to understand prospective avenues for recovering the compensation you deserve.