If you believe you played the victim role in a personal injury accident, you subsequently think that the other involved party was the perpetrator who instigated this event. With this fault, the other party may have breached their duty of care towards you in the process. Please continue reading to learn how the duty of care applies to your legal case and how an experienced Miami-Dade County injury lawyer at the Law Offices of Gonzalo Funes, PA, can help you establish this element as true.
How does a duty of care apply to a personal injury case?
First of all, in the context of personal injury law, a duty of care is one party’s legal obligation to act reasonably and avoid causing harm to another party. And so, when you pursue a legal case against a party, you are essentially accusing them of breaching their duty of care and subsequently causing you to sustain injuries and incur damages. Below are some examples of how a duty of care may apply to varying personal injury accidents:
- A driver may have a duty to operate their motor vehicle safely, all while abiding by enforced driving rules and regulations, traffic signs and signals, etc.
- A property owner may have a duty to maintain their premises and clear them of any potentially hazardous conditions before welcoming visitors to enter.
- A medical professional may have a duty to treat patients according to the established medical practices and with the patients’ informed consent.
- An employer may have a duty to promote a safe working environment and supply adequate safety equipment and training for their employees.
What other elements must I establish as true in my case?
As the plaintiff of a personal injury claim, you must first, of course, establish that the targeted defendant had a duty of care in the role that they played in your accident (i.e., another driver, a property owner, a medical professional, an employer, etc). But your argument must go much farther than this. That is, you must also sufficiently prove the following elements as fact:
- The defendant failed to meet the standard duty of care in the context of your personal injury accident.
- The defendant’s breach of their duty of care caused your exposure to danger and subsequently led to injuries.
- Your incurred bodily injuries have caused and will continue to cause economic and non-economic damages.
- You are entitled to monetary compensation to recover from your past, current, and future damages.
It is also worth mentioning that you must assure the Florida civil court that you are bringing forward a claim for compensation before the state’s statute of limitations of two years from your accident date. Also, that you did not breach a duty of care personally, or otherwise did not contribute any fault to your personal injury accident event.
If you need help with executing this, do not be afraid to reach out to a skilled Miami-Dade County injury lawyer. Our team at the Law Offices of Gonzalo Funes, PA, is more than capable and eager to assist you with your upcoming legal proceedings.
