In any insurance settlement or personal injury lawsuit the important issue is find out who is at fault. The determination of fault in a personal injury cases is the key issue, once this has been determined then it becomes the responsibility of the party at fault to make restitution and pay compensation to the injured party. The amount of damages and the specifics can either be settled through negotiation out of court or the case can be taken to court and settled by the judge and jury.
Who makes the determination of liability?
Every case is different and trying to determine who the at-fault party is often depends on the circumstances. Most people who are injured and believe the other party to be at fault will have hired an injury attorney in Fort Lauderdale, it will be up to the attorney to investigate the case, identify the party at fault and determine the extent of liability. In many cases parties that might actually be liable in a claim will be covered by liability insurance, this leaves the burden of satisfying the claim of the injured party squarely in their hands. Insurance companies are notorious for not wanting to pay a settlement; they will also investigate the accident and make their own decision as to the extent of liability, if any. This is where the situation becomes difficult, if both the parties cannot agree on the extent of liability it will then result in a lawsuit and give a jury in a civil court the last say.
Proving negligence:
Most personal injury claims result from someone or some entity acting negligently. In law, negligence is conduct that falls below a standard of care that any reasonable person would come to expect that results in harm to another individual. There are certain elements of negligence that must be proven in order to hold a party liable for damages:
Duty: A legal duty on the part of the defendant that is owed to the claimant must be present. All drivers owe a “duty of care” to all other motorists using the road for example.
Breach: The plaintiff has to prove that the defendant did breach his or her legal duty. In the example noted above, a breach of duty would have occurred if the driver was otherwise engaged in reading a text message rather than paying attention to the road.
Causation: It must be proved that the defendant is the cause of the damages to the claimant. This is usually quite obvious.
Damages: The claimant must have actually incurred damages, usually monetary, directly stemming from the accident.
An injury attorney in Fort Lauderdale will have been involved in many cases, all different, that result in injury to someone which was caused through the negligence of another and is best suited to establish the legal facts.
If you have suffered an injury which you believe was the direct result of negligence on the part of others then you will need an injury attorney in Fort Lauderdale to act on your behalf when suing for damages. You are invited to visit Business Name
