Do I Have a Case?

A “Case” Refers to a Claim Under One or More of Florida’s Many Injury Laws:

• Traffic accidents and other injuries caused by another person’s negligence fall under Florida’s personal injury laws.
• Incidents that lead to injuries on another person’s property typically fall under Florida’s premises liability laws.
• Workplace accidents may involve third-party personal injury claims in addition to workers’ comp.
• Deaths due to negligence or wrongdoing are typically addressed under Florida’s wrongful death statutes

Proving Fault and Liability in a South Florida Injury Claim

Whether or not you have a viable case hinges on the evidence supporting the necessary legal elements to establish fault, liability, and causation under relevant injury laws. Most cases must demonstrate the following four elements of negligence:

• Duty
• Breach of Duty
• Causation
• Damages

Let’s consider an injury caused by a motor vehicle accident. The elements of negligence in such a case would be:

• Duty — All drivers are obligated to operate vehicles in a safe manner that does not endanger others.
• Breach of Duty — You need to prove that a driver committed an act that violated their duty of care. Examples include failing to yield the right of way, tailgating, or crossing into the opposite lane.
• Causation — The failure to comply with traffic laws breached the duty of care, and this directly caused your injuries.
• Damages — The injuries were due to the accident, leading to measurable damages.

The aforementioned example provides a simplified explanation of how negligence is established in an injury case. Most cases are far more intricate. Additionally, certain types of injury cases may have unique requirements or elements that must be proven.

For instance, in a premises liability claim such as a slip-and-fall accident case at a store, showing the property owner or the manager had knowledge of a hazardous condition and their subsequent failure to address it would be necessary elements to prove your case. Similarly, in cases involving work accidents, there may also be a valid third-party personal injury claim. In these relatively complex cases, it becomes imperative to demonstrate how the negligence of the responsible party led to the injury.

Accidents happen in various ways; we are always ready to listen to the specifics of your accident and guide you through your options and the viability of a potential claim.

Hiring an Experienced South Florida Personal Injury Attorney

If the responsible party’s insurance company admits liability and agrees to fully compensate for all damages, it is possible to resolve certain injury claims directly with them. However, it is important to note that most insurance companies usually aim to pay the least amount possible to settle a claim. Therefore, it’s wise to seek the guidance of an experienced personal injury lawyer before engaging in discussions with the insurance company or any other representative of the at-fault party.

Insurance companies employ a team of professionals, including investigators, adjusters, and other experts, who primarily focus on minimizing the company’s liability for injury claims. These individuals do not work on your behalf and are not dedicated to protecting your legal rights or interests. Many times, these insurance company employees are prepared to manipulate a claimant into making statements that could harm their claim.

What you truly need is an experienced team of legal professionals with a comprehensive understanding of Florida’s negligence laws and the intricacies of injury claims. You need a legal team that will fiercely advocate for your interests until justice is served. Look no further than Cohen and Cohen Law. Our firm has been protecting the interests of South Florida clients for over 50 years.

Find Out If You Have a Case During a Free Consultation

We provide a complimentary initial consultation where you can speak with one of our attorneys and receive informative answers to your questions. Take advantage of our offer for a free case review, allowing you to determine whether your situation qualifies for legal action in pursuit of financial compensation. We are here to guide and assist you at your convenience.

To schedule your free consultation, reach out to us by phone at (800) 332-6436(800) 332-6436, or fill out our online consultation request form. When you call, our receptionist will connect you directly to one of our experienced attorneys to assess your case.