If you sustained injuries in an accident, and if those injuries were the result of someone else’s actions, you likely have a valid personal injury case.
A Florida personal injury lawyer at Lytal, Reiter, Smith, Ivey & Fronrath will provide you with a risk-free, cost-free assessment of your injuries and the accident that caused them to determine whether or not you have a viable claim. To schedule your free consultation, contact us online or call (561) 655-1990.
These factors must be present in order to have a case
To have a valid personal injury claim, the following elements must be present and supported by evidence:
- You sustained injuries that resulted in financial and other damages
- Those injuries were the result of someone’s actions, lack of actions, or negligence
These are the most basic essential elements of any personal injury case, though more specific elements may be applicable based on your claim.
Proving liability
In addition to the basic elements for having a personal injury case, you must prove that the other party is liable for your damages by proving that they were negligent. Negligence has its own four elements that must be proven:
- The person who caused you harm had a duty of care owed to you;
- That person breached or violated that duty;
- Their breach caused your injuries or damages, either by actual or proximate cause; and
- Their actions or lack of actions caused your injuries that resulted in a financial loss and other damages.
Below are two common examples of someone’s actions or inactions that represent negligent behavior that may result in a valid personal injury claim.
Negligent action
A person chose to drive after consuming copious amounts of alcohol. After getting behind the wheel, they ran a red light and hit you in an intersection which resulted in you sustaining a concussion and a broken arm, and your car was totaled.
The other driver had a duty to abide by all traffic laws, which include not driving while intoxicated and stopping at a red light. They violated that duty when they got behind the wheel, ran the red light, and crashed into your car, causing you to suffer medical injuries and property damage.
Negligent inaction
An employer was trying to save money and didn’t perform the necessary regular maintenance on a piece of heavy machinery but still allowed their employees to use it. Because the machine wasn’t properly maintained, it malfunctioned and an employee was severely injured.
The employer had a duty to ensure their employee’s safety, including by conducting regular maintenance of tools and machinery. The employer’s failure to safely maintain it caused the employee’s injury which resulted in them missing work and incur significant medical bills.
Don’t wait to file a claim
The deadline to file a personal injury claim is limited by the statute of limitations. Under Florida Statute §95.11, an action based on negligence, like most personal injury claims, must be filed within 2 years of the date of the accident or incident that caused your injury.
In most cases the date of the actual incident or accident begins the timer, however when an incident wasn’t known to have caused your injury, such as in cases of chemical exposure that later lead to the development of cancer, the timer begins when you discover the cause of your injury.
If you fail to file your claim within the statute of limitations, you won’t be allowed to file, meaning you and your family will be personally responsible for covering all costs and damages linked to your injuries.
Discuss your injury with an attorney from Lytal, Reiter, Smith, Ivey & Fronrath
Don’t leave yourself asking questions in circles–contact the Florida personal injury lawyers from Lytal, Reiter, Smith, Ivey & Fronrath to get answers to all your questions and to get your claim filed.
To schedule your free consultation, contact us online or call (561) 655-1990.
