If you’ve been the victim of an injury through an accident or harm at the hands of another party, you may have wondered whether you’re entitled to receive money to pay for bills, loss of wages or even to make up for your pain and suffering.
Clearly, such legal matters are best handled by a personal injury attorney. Tampa FL legal professionals are ready to assist you. There’s no reason to leave something so important to chance when there are attorneys who specialize in these matters, who can instruct their clients on the best action to take and how to build a case.
A personal injury attorney in Tampa FL will best be able to determine whether you’re likely to receive damages – but before you speak with one, consider the points below and whether you have the foundation of a solid case.
The Burden of Proof
There are four points a plaintiff has to prove in order to receive a judgment in their favor:
1. The defendant owed a duty to the plaintiff
2. The duty owed to the plaintiff was breached
3. The breach led to harm
4. Injuries occurred as a result of that breach, and damages should be paid
This is an unwieldy burden – especially considering that the defendant rarely has to prove anything. The burden of proof is on the injured party.
How to Build a Personal Injury Case
Evidence is the most important facet of a personal injury case. Here are some of the main points on which to focus:
- Photographs from the scene – This is especially crucial in the case of an auto accident. There must be photographic proof of injury to the automobiles, any debris in the road, and road conditions at the time of the accident. This is also key in any kind of accident – for example, a slippery floor, icy sidewalk or other conditions which led to the incident.
- Police reports – This is why police involvement as soon as possible after an accident is critical. Police reports carry considerable weight in personal injury cases and can make clear for the judge the conditions during an accident, or the circumstances behind an assault.
- Eyewitness statements – After an accident, gather information from as many eyewitnesses as possible. Get their contact information as well as an idea of what they actually saw take place.
- Medical records – Be sure to collect all records dating from immediately after the incident took place. Any lapse in time between an accident and a visit to the doctor or hospital can be turned around and used to cast doubt on when an injury actually took place – during or after the accident.
- Proof of missed work – Lost wages often make up a significant portion of the damages awarded an injured party.
- Written record of the effects of injury – Pain and suffering can also constitute a large portion of damages. Keep a diary or journal, detailing your experiences and the daily impact your injuries are having on your life.
The right personal injury attorney will know how to get everything his or her clients are entitled to under the law and thus help make the recovery from a painful accident a little bit easier.
