Proximate Cause in Your Florida Personal Injury Claim
When filing a Florida personal injury claim, you’ll need to establish the 5 elements of negligence required to recover compensation for your accident injuries. One of these requirements is proximate cause, which means proving that the defendant’s actions directly caused your injuries, but only those direct and foreseeable injuries.
For example, let’s say that a driver ran through a stop sign and struck a perfectly healthy pedestrian. As a result of the accident, the pedestrian’s arm is broken and 3 ribs are cracked. The car that ran through the stop sign directly caused the victim’s broken arm and cracked ribs, thus establishing the proximate cause of those specific injuries.
However, let’s go onto say that several days later while the pedestrian victim is on the way to a doctor’s appointment, they fall and break their leg. As unfortunate as the second injury is, the driver of the car would not be liable for the broken leg as they could not have foreseen that secondary injury nor were they the proximate cause of that injury.
Depending on the complexities of your accident, any previous medical conditions, as well as the number of defendants involved could create challenges for establishing proximate cause in your Florida personal injury claim. Speaking to an experienced South Florida personal injury attorney can help you better understand how each of the elements of negligence will apply to your case.
To learn more about establishing negligence in a Florida personal injury claim, you can visit our article library.
How a Florida Personal Injury Attorney Can Help
If you’ve suffered damage because of someone else’s carelessness, a Florida personal injury attorney can advise you on how to build a solid personal injury claim in Florida. Your Florida personal injury attorney will prepare a demand letter on your behalf, which describes the damages you incurred and may continue to incur as a result of the accident and how much compensation you are seeking.
Before you agree to an out-of-court settlement, it is in your best interest to consult with your Florida personal injury attorney who can analyze whether the offer will adequately cover your current and future medical expenses, lost wages, and pain and suffering.
Florida laws change constantly and the insurance company handling your claim will be most concerned with preserving their bottom line. This is why you should have someone with the legal know-how in your corner from the start! Contact Ellsley Sobol, P.L. at 954-888-7720 or toll-free 888-258-6914 to speak with an experienced Florida personal injury attorney who can begin to work on your case right away and represent you at no cost until a recovery is made.