Handling an Injury Suit with Legal Aid

By: Jorjina | Posted: 08th January 2011

How does a personal injury lawsuit work in your city? Whether it is car accident or a workplace mishap in Orlando, if another individual or organization is responsible for the injuries, you have the right to file a case as per Florida tort laws. However, just saying that another was at fault for the incident would not suffice; you need to prove it as well.

The burden of proof in a personal injury case rests on the plaintiff, i.e. the victim. You need the help of a competent personal injury attorney to handle this. Why is this so important? The litigation follows a specific procedure, which only a legal professional knows of in details.

Your attorney accumulates evidence, such as the site photos, accident police reports, witness testimonials, and so on. He/she gets accident re-constructionists and forensic experts to work on the case. He/she examines the evidence and analyzes the testimonials to frame a case and formulate strategies.

The first premise to prove is – there was a duty to care. This implies that the driver of the other vehicle had a duty to care towards other drivers and pedestrians. The next thing to prove is – the breach of this duty. That is the driver failed to take care. There were injuries to another, i.e. you.

Next, your attorney takes up the task of establishing the causal-relation between the neglect and the injury. If he/she is able to prove these, the jury may provide an adequate compensation for the injuries. However, this is not as easy as it seems. Only proper legal assistance can convince the jury about your problem.

Florida laws give you compensation on grounds of economic damages you suffer if you can prove negligence. Get your Orlando personal injury attorney to assess these damages from the very beginning of the litigation process. Apart from your medical expenses, this would also include lost wages, benefits, home care costs, etc.

Interestingly, it provides you compensation on grounds of punitive damages, like pain and suffering, if there is a permanent injury because of the accident. Therefore, if you recover completely after an accident, you may not get any damage recovery for the trauma and anguish you suffer for it.

Get in touch with a personal injury attorney as soon as possible to avoid missing the statute of limitations. Moreover, the more you delay, the more of the evidence becomes inaccessible or useless. Timely legal help makes it possible to avoid these problems and enhances your chances of damage recovery.

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Tags: burden of proof, medical expenses, mishap, pedestrians, personal injury attorney, punitive damages, police reports, legal professional, personal injury case, personal injury lawsuit, legal assistance, adequate compensation, litigation process, economic damages