Establishing Negligence in Florida: Cause in Fact
In order to successfully recover compensation for your accident injuries through a Florida personal injury claim, you’ll need to establish the negligence of the party from which you are claiming damages. Part of establishing negligence is proving “cause in fact”, which is a legal term that means your injuries would never have occurred “but for” the actions or inactions of the defendant.
Basically, you and your South Florida personal injury attorney will need to provide evidence that proves that without the defendant’s actions, your accident and resulting injuries would not have occurred. If you cannot prove “cause in fact,” you will be unable to receive compensation through your injury claim.
For example, let’s say that you while you were riding a motorcycle, a driver of a nearby car failed to check their mirrors, changed lanes and struck you, which caused you to crash and sustain a traumatic brain injury. If the driver had not changed lanes without checking their mirrors first, you wouldn’t be suffering from traumatic brain injury right now.
Establishing cause in fact applies to any type of Florida personal injury claim involving negligence, including:
- slip and falls (e.g. if the restaurant had cleaned up a floor spill I would not have slipped and broken my hip);
- motor vehicle crashes (such as the example above);
- dog bite injuries (e.g. if the dog’s owner had kept the gate locked, the dog would not have escaped and bit my child); and
- other injuries (caused by the negligence of another person[s] or company).
Depending on the specifics of your case, there may be more than one cause for your accident, which can complicate establishing cause in fact. When that is the case, your South Florida personal injury attorney will be able to help you determine liability against the defendant or defendants for your particular claim.
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.