3 Key Factors for Any Personal Injury Claim
One of the most common types of legal claims in this day and age is the personal injury claim. And personal injury law is in a way an umbrella topic which covers a broad range of injuries, and accidents in which on party is held liable due to negligence or negligent actions – causing harm or injury to another party. There are a number of different types of personal injury claims, encompassing things like car accidents, medical malpractice, wrongful death, construction site injuries, on the job accidents, childcare incidents and a whole lot more. With such a broad range of possible scenarios, it is important to get the help of a qualified personal injury attorney Apollo Beach and the surrounding area have a lot to choose from. However, few can match the level of experience and the expertise of Charles Spinner, Esq. the top personal injury attorney Apollo Beach has to offer. Once you have the legal counsel of a top personal injury lawyer, like Mr. Spinner you can then proceed with your personal injury claim. However, because of the lack of education associated with personal injury claims many lack the understanding of whether they are able to file a claim, and vice versa – others will often “jump the gun” without the advisement of a personal injury attorney Apollo Beach statutes can make it confuse for individuals to truly understand if they have a valid claim on their hands or not. So before you go out on a limb, you should definitely seek the advice of a qualified personal injury attorney Apollo Beach and other cities in Florida generally have 3 specific factors letting you know if you have a claim or not – here are three questions every possible personal injury claimant should ask themselves.
· Did you suffer a personal injury?
While this may seem obvious, for any personal injury attorney Apollo Beach and neighboring areas have specific guidelines by which they identify personal injury. A personal injury is an injury to your body, mind, or emotions. In other words, a personal injury can be either physical or psychological.In the instance that you were involved in a car accident and didn’t sustain any physical damage – then this is not a personal injury.
· If you were, were your injuries caused by the negligence of another person or party?
Even for the best personal injury attorney Apollo Beach statutes are such that negligence must be proven beyond a reasonable doubt. Therefore, in order to have a viable personal injury lawsuit or claim, your personal injury or injuries must have been caused by the negligence of another person or entity (like a business or government agency). This means that they were acting in a manner that was careless enough to cayuse some form of bodily harm or injury. Negligence is defined by the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. For any personal injury attorney Apollo Beach and other cities in Florida have laws in place where negligent actions are proven by at least one of the following 3 elements of evidence:
o Duty: The defendant had a legal duty to act in a certain way toward the claimant in that situation.
o Breach: The defendant breached that duty by acting or failing to act in a certain way toward the plaintiff.
o Causation: The actions (or inaction) of the defendant were the legal cause of the plaintiff’s injury.
o Damages: The plaintiff was injured or otherwise harmed as a result of the actions or inaction of the defendant, and money in some way can make up for this harm.
· Are there damages that can be recovered?
This is probably the most important aspect that must be proved by Charles Spinner, Esq. or any other personal injury attorney Apollo Beach laws require that you set dollar amounts to the injuries and damages. Meaning you must have suffered from some personal or financial harm that can be paid back by a figure of money. This includes things like:
o Medical Bills
o Lost Wages – Past, present and future
o Loss of earning capacity
o Diminished quality of life
o Loss of support and companionship
For more information on personal injury law or to schedule a consultation with the top personal injury attorney Charles Spinner, Esq. contact Spinner Law Firm today.