Many people believe that just because they were involved in a car accident or suffered an injury as a result of someone’s fault they are automatically entitled to compensation of their medical bills, lost wages, pain and suffering, or inconvenience. Unfortunately, most people are mistaken about this. In the State of Florida, there is a burden of proof when it comes to any injury claim.
The burden of proof varies depending on the type of a case. For example, in a personal injury case based on negligence (the majority of personal injury cases), the injured person must prove each element of negligence by preponderance of the evidence (more convincing in comparison to the evidence introduced by the other side):
- The person causing the injury (defendant) owed a duty of care to the injured person (plaintiff).
- That duty was beached by the defendant.
- The defendant’s breach of duty caused the injury to the plaintiff.
- The plaintiff suffered injuries.
In personal injury cases based on strict liability (dog bites, defective products), an injured person does not need to prove fault, negligence, or intention. For example, under the Florida’s dog bite statute, the injured person need only prove that the dog bit him or her while in a public place or lawfully in a private place. In product liability cases, the injured person need to prove that a product was defective when it left defendant’s control and was placed into stream of commerce and the defect was a legal cause of the injuries.
Since the injured person has the burden of proving his or her damages, the victim’s financial recovery is dependent upon the necessary and adequate documentation to prove the value of damages that are being sought. At Anna Handy Law Firm, P.A. we make our clients the integral part of the process to build up proper information and documentation to prove their case and to obtain maximum financial recovery for our clients. If you have been injured in an accident that was not your fault, please give us a call for a free non-obligation consultation. (386) 248-3000.