There are four key elements to the proof of any Tort action, including Personal Injury. They are:
While many focus on the damages portion of their claim, often times causation can be the element that most significantly
Causation refers to the cause and effect of someones injuries. While a Plaintiff, following an accident, may be injured, it is also their responsibility to prove that the Defendant is the one that caused those injuries.
Proof of Causation
In most cases, satisfying the element in question comes whenever the defendant acknowledges that they breached a duty that was owed to the plaintiff and that the plaintiff suffered injuries. However, many accused parties try to counter the charge against them by claiming that their breach of the duty was not the cause of the plaintiff’s injuries.
If you are the plaintiff in such a situation, you must show that your injuries were the direct or natural consequence of the defendant’s actions. Such a response is critical because personal injury plaintiffs do not need to prove that the defendant’s negligence was the only cause of their injuries, they must only have to prove that it was a contributing factor.
It is also important to understand that Florida is a comparative fault state, meaning that a Defendant does not need to be 100% at fault to be held liable for injuries to another.
Proving the effect of a defendant’s actions with a key element
While it can come off as a fairly straightforward task at first, proving that a defendant’s actions were the legal cause of your injuries can sometimes be quite challenging, especially in more severe circumstances.
When it comes to proving that the defendant’s actions were a cause of your injuries, the attorneys at Harris Guidi Rosner, P.A. can assist you throughout the process.
Often, the facts of the case can be narrowed down to different concrete pieces of information that help support your complaint and establish the distinction of how a defendant caused your injuries. Thanks to the digital age, building a strong case and narrative for a jyry can be done much easier because of different evidence that may be available, including:
- Text messages
- Surveillance video
- Audio recordings
- Location tracking and timestamps
The assistance of a lawyer at the inception of your case can make all of the difference in gathering evidence to assistant in proving causation.
When seeking recovery in a personal injury case in Florida, we always recommend hiring an attorney as early as possible to maximize the opportunity to gather evidence for your recovery.
Personal Injury cases in Florida can be quite complicated. Thankfully, the legal practitioners at Harris Guidi Rosner, P.A. are available to assist you in your time of need. Contact us today to schedule your free consultation.
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