Elements of a Personal Injury Claim
Posted By Todd Miner Law || Feb 27, 2017
A personal injury case can be anything from an automobile accident to a medical malpractice case, or even a dog bite. At the heart of this type of claim are three main elements – duty, breach of duty, and cause. In addition to these elements, each state follows its own set of laws and regulations regarding how and when personal claims may be filed.
Duty, Breach of Duty, and Cause
- Duty: In a personal injury case, it must be proven that a duty of care was owed to the injured party. For example, doctors have a duty to their patients to treat them according to the standard of care set by the medical community. Manufacturers have a duty to their consumers to make sure that their products are safe for their intended use.
- Breach of Duty: Once duty of care is established, it must be proven that this duty was breached. If a reckless driver caused an accident in which you were injured, they broke their duty of care to safely operate their vehicle.
- Cause: Lastly, it must be proven that the breach of duty directly caused the injuries. If your injury was caused by a prescription error, which worsened your condition, it can be argued that your doctor’s mistake caused you harm.
These elements do not illustrate the extent or nature of your injuries or the costs associated with them. They simply establish negligence. Proof of monetary losses will also have to be proven in order to negotiate compensation for your claim. This will require documented evidence, such as hospital treatment records, medical bills, or receipts of any out-of-pocket expenses that are related to the injury.
Florida Personal Injury Claims
When filing a personal injury claim in Florida, it is important to be aware of certain laws. All states have a statute of limitations, enforcing a time limit for how long individuals have to take legal action. In Florida, the statute of limitations for personal injury claims is typically four years, with some exceptions. Additionally, some personal injury claims have limits of damages that can be awarded.
Orlando Personal Injury Lawyers
At Todd Miner Law, we have a team of Orlando personal injury attorneys who represent wrongfully injured individuals. Attorney Todd Miner has been serving clients throughout the Central Florida area for over 25 years, building a reputation as the go-to lawyer for all things pertaining to personal injury law. We will handle your case while you focus on your recovery.
Call us today for a free consultation at (407) 269-5877.