What is a Negligence Claim?

negligence claim

You take your safety seriously. You are vigilant and watchful in your daily life. You do not take any unnecessary chances. The same cannot be said of everyone. You are bound to encounter careless people in the course of life. But if one of them has, through action or inaction, caused you harm, then you should hold them accountable. 

Miami Florida injury attorneys know how to build personal injury cases based on negligence. Negligence is a legal theory that holds individuals legally responsible for the harm they cause. Such accountability comes in the form of payment. The person, or their insurance company, whose negligence led to your material harm will be compelled to offer you compensation. 

To get this money, you must prove that they were negligent. In order to win a negligence suit, your case must have the following elements: 

1. Duty 

You must demonstrate that the respondent had a legal duty of care. This element is more easily established if you are a patient who has suffered at the hands of a negligent doctor. But you can also prove this point if you were involved in a slip and fall in a bar, restaurant, café, or bistro owing to the carelessness of the staff. 

You must show that the defendant had a duty of care and that they failed to adhere to it. 

2. Causation 

You must demonstrate that the defendant’s negligence actually caused the accident that injured you. You must also prove that the events that led to your injury could have reasonably been foreseen, and that action could have been taken to prevent the accident. 

3. Damages 

You must set a certain amount of money for your compensation. This usually consists of the cost of your medical treatment and remuneration for pain and suffering. 

Miami FL personal injury attorneys know how to establish these elements and prepare the kind of robust lawsuit that will get you the compensation you deserve. If you have been the victim of negligence, then you should contact the attorneys in North Miami FL at Buchalter Hoffman and Dorchak.

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