Jacksonville Injury Attorney: Do I have a Negligence Action?
Have you been injured by the negligence of another? Are you hurt and don't know your options? Were you injured in a car accident? If you answered "Yes" to any of these questions, you need to contact a Jacksonville Injury Attorney today! I can evaluate your case, determine the proper at-fault parties, and fight for the compensation you are entitled to. As a Jacksonville Injury Attorney, I hear cases all the time regarding the injury of a person by the actions of another. However, not all injuries are actionable. Therefore, in order to better inform Duval, St. Johns, Clay, and Nassau county injury victims, I will answer the most common question I am presented with; "Do I have a Negligence Action?"
Although every case is very fact specific, I will generalize a Negligence Action to give one a general understanding of how a Jacksonville Injury Attorney will evaluate your case. To have a successful Negligence Action, you must be able to prove four (4) main elements: (1) Duty, (2) Breach, (3) Causation, (4) Damages. Furthermore, a Negligence Action is a civil matter so the evidence presented must be proved by a preponderance of the evidence, not "beyond a reasonable doubt," as in Criminal law cases. The evidentiary standard is below that of Criminal Law and therefore the burden of proof is not as high.
The first element, Duty, has to be proven before a Negligence Action can begin. A Duty is a legal obligation of one party imposed upon another. For example, a driver of a vehicle owes a Duty to drive said vehicle in a manner so as not to cause injury or damage to another person or property.
The second element is Breach. The Breach element is related to Duty in how the at-fault party must have Breached their Duty to the injured victim. Simply put, the at-fault party must have acted in a manner that resulted in injuries or damages. An example would be if a driver ran their vehicle into the rear-end of another vehicle. Then the driver of the rear vehicle would have Breached their Duty to the injured driver in driving in a manner that resulted in injuries and damages to another.
The third element in a Negligence action is Causation. Causation must be proven in two different aspects: Proximate Causation and Actual Causation. Proximate Causation is proven using a foreseeability standard. Under this standard, a Jacksonville Injury Attorney must show the actions taken by the at-fault party resulted in the injuries sustained and that no other actions caused the damages. In contrast, Actual Causation is proven using a "But For" standard. Here the Injury Attorney must show but for the at-fault party's actions the injured party would not be damaged.
The fourth and final element is Damages. For Damages it must be proven that injuries or damages resulted. For example, medical bills, car repairs, etc.
Once all these elements are proven by a preponderance of the evidence, the Jacksonville Injury Attorney can determine an approximate amount of compensation you are entitled to. For example, you could be entitled to past and future medical bills, pain and suffering, car repairs, etc. So, if you have been injured or damaged by the actions of another, contact a Jacksonville Injury Attorney today!