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What Is Negligence In A Personal Injury Case?

If you have been involved in a an SUV or car accident in the Tampa Bay area call Tampa Personal Injury Attorney, Martin J. Hernandez at 813-755-9500
Prove Negligence in auto accident

Negligence is a legal theory that imposes financial liability on people who have hurt someone else through careless behavior.

It has four key elements:

  1. Duty: the defendant owed you a duty of care
  2. Breach: the defendant’s actions constituted a breach of the duty of care
  3. Causation: the defendant’s conduct resulted in your injuries
  4. Damages: you sustained actual damages as a result

Because most accidents occur due to carelessness, most personal injury cases are based on negligence.

How Do You Prove Negligence?

Proving negligence is rarely simple. Even accidents that seem straightforward often involve multiple parties and evidence that could be subject to interpretation.

To prove negligence, you must demonstrate each of its elements by a preponderance of the evidence. This signifies you have to show that it’s more likely than not that it weighs in your favor for each factor.

The strategy for each case is different. Evidence that wins one case may not be of any significance in another.

Some examples that might be used include:

  • Eyewitness testimony
  • Attestation from medical or financial experts
  • Video footage from traffic, security, or dashboard cameras
  • Medical records
  • Paystubs
  • Maintenance records
  • Testimony from accident reconstructionists or engineers

At Martin Hernandez Law Personal Injury Lawyers, we put our experience and success in complex cases to each client. But we also recognize that each and every case is someone’s life. Not a compilation of legal theories. With our personal approach, you get top-rated legal advice within a caring environment.

Will My Case Go to Trial?

It’s hard to say. Most cases settle.

Even cases that settle usually have to be prepared as if they’re going to trial. Your lawyer will often have to work on two parallel tracks simultaneously.

They’re obviously related, but the trial route will have formal requirements and deadlines that must be met.

There can be advantages to settling a case. But, you should never accept a settlement that doesn’t compensate you fairly.

At Martin Hernandez Law Personal Injury Lawyers, we are expertly trained and experienced in complex litigation. That means we certainly aren’t afraid of taking a case all the way to trial if that’s what it takes to bring you justice.

What Should I Do After I’m Involved in an Accident?

The things you do after an accident matter. For your health. For your financial future.

So, we highly recommend you keep these tips in mind in the hours, days, and weeks following the incident:

  • Report the accident. Call the police. Notify the property owner or business. Make sure there’s a record of what happened.
  • Document the scene. Take some pictures and record videos. Take down names of witnesses and get their contact information. Evidence can disappear and memories can fade – take the time to document things now.
  • Don’t apologize. Even saying “I’m sorry” could be taken out of context and used against you down the line.
  • Resist the urge to talk to the insurance company. They’re not on your side. Your lawyer will protect you.

Call an attorney with experience handling personal injury cases like yours. Getting help will give you time to recover and increase the odds of a meaningful monetary recovery.

Call 813-755-9500 for a FREE consultation.

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