Elements of PI Law

The Strategies a Car Accident Lawyer in Fort Lauderdale Will Use to Prove the Elements of PI Law

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A personal injury case is a legal dispute that develops when someone is hurt in an accident or other injury, and there is a possibility that someone else may be held legally accountable. Such cases come under the civil cases bracket, meaning that the injured party or plaintiff can seek financial compensation from defendants responsible for the harm.

Fort Lauderdale is one of the largest cities in South Florida. Although there are only 165,000 people living in Fort Lauderdale, the city welcomes over 12 million tourists annually. The city experiences many traffic accidents each year due to its heavy traffic congestion and the large number of visitors who are not familiar with the local roads.

There were 400,431 collisions in the state of Florida in 2021, according to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), with 252,562 injuries and 3,707 deaths recorded. In 2021, Broward County accounted for more than 10% of the state’s traffic accidents. 41,374 traffic collisions, resulting in 23,096 injuries and 263 fatalities, were reported by the FLHSMV in Broward County.

Are you hurt in a Fort Lauderdale car accident and looking to file a personal injury claim but not sure how to proceed? Do not worry. Fort Lauderdale car accident lawyers can guide you and ensure you are duly compensated for all the damages.

Hire a law firm that has great track record, like The Levin Firm. The firm has saved the lives of many victims since its founding in 2005. If you want to secure fair compensation, The Levin Firm is your best bet.

In this article, we shall briefly examine the possible strategies a personal injury lawyer will employ to win your case.

Elements To Be Proved

  • Duty of Care: The initial step in making a personal injury claim would be to prove the defendant owed you a duty of care. This implies that they were legally required to act reasonably and protect you.
  • Breach of Duty: You must provide evidence that the defendant violated the duty of care after establishing its existence. This may entail demonstrating that they behaved carelessly or neglected to take the required safety measures to avoid harm.
  • Causation: Apart from proving that the defendant breached their duty of care, it is also critical to directly connect their actions to your injuries. This requires showing that their negligence caused you direct harm.
  • Damages: You should give evidence of the damages you incurred due to the defendant’s actions. These could include hospital bills, lost income, pain and suffering, and other quantifiable or non-quantifiable losses.

Hence, it can be really overwhelming to handle a personal injury case on your own, especially when you are recovering from physical and mental damages. Hiring an experienced personal injury lawyer becomes a no-brainer. Let’s look at some strategies these lawyers use to win your case.

Detailed Investigation

An inquiry into your case by a personal injury lawyer can help identify the causes of your accident and establish who is legally liable for your injuries. An investigation could include the following, depending on the situation:

  • Examining the accident scene’s images or videos
  • Reviewing legal records and other case-related documents
  • Accessing digitally stored data
  • Interviewing witnesses of the accident
  • Looking through police reports and other accident-related documents
  • Working with an expert witness and reconstructing the accident scene

Obtain and Preserve Evidence

In addition to collecting evidence to support the victim’s damages claim, a personal car accident injury attorney can also take action to determine who was at fault for the accident. Possible evidence may be:

  • Images or recordings from mobile devices, dash cams, traffic cameras, and security cameras
  • Mobile phone records
  • Tangible proof, such as broken auto parts or fall-causing debris
  • Reports from workplace inspections
  • Health reports

It’s easy for evidence to disappear or be destroyed. To protect the evidence, a personal injury attorney may take certain actions, such as instructing the defendant not to destroy evidence under penalty of law through spoliation of evidence letters.

Also Read; On the Fence About Hiring a Car Accident Lawyer? Here’s an Article to Convince You

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