Building a Personal Injury Case
If you have been injured by another party, you may be able to receive compensation for your financial losses and personal suffering from individual or company, or from their insurance provider. This is generally not an easy task, however. There are certain elements that you will need to demonstrate in court with a preponderance of the evidence – in other words, you need to show that the defendant is most likely at fault.
The majority of personal injury claims are centered on the legal concept of negligence. The alternative is an intentional injury claim, which can be more difficult to win because you will need to show that the defendant deliberately harmed you. In contrast, negligent parties did not necessarily intend to endanger anyone; they simply failed to meet a certain standard of behavior.
Filing a successful legal claim is very difficult to do on your own. It requires both an in-depth knowledge of personal injury law and aggressive but fair legal tactics. Even if you are familiar with the law, it can be very difficult to be objective enough about your own case to build persuasive arguments. A skilled Tampa personal injury lawyer is a very important asset when you are suing a negligent party.
The Elements of Negligence
To win your case, you and your Tampa personal injury attorney will need evidence that:
- The defendant had a duty of care to you. For example, doctors have an obligation to treat their patients according to professional standards. We all have a duty to avoid placing those around us in unnecessary danger.
- The defendant failed to meet that duty.
- This failure directly caused your injuries. There may be other factors in your case, but the defendant’s negligence needs to be the primary cause of your suffering.
Your injuries are severe enough to merit a lawsuit. A common tactic used by defense lawyers in these cases is to deny that the plaintiff is severely injured. You will likely need medical documentation and perhaps expert testimony to help your case.
If your claim is successful, you can win compensation for your medical bills, lost wages due to time off work, pain and suffering, and perhaps more.
Contact Us
The Tampa personal injury lawyers of Beltz & Ruth, P.A. are ready to take on your case with dedication and a passion for justice. Contact us today at 800-235-8978.