Personal Injury Attorneys Miami – The Premises That Constitute It
The area of personal injury law is one of the broadest areas in the law, and this is due to a number of different reasons. Right of the bat there are a lot of possible causes that may turn a case into a personal injury one. With this in mind, the most common causes include medical malpractice, car accidents, slip and fall, dog bites, nursing home abuse and many, many more to list. However, in order for a case to be classified as a personal injury one, there must be three important legal premises that every Personal Injury attorney Miami should be properly aware of – injury, negligent behavior and causality link.
Injuries – The First Necessary Premise
Injuries are the most obvious of them all. The Personal Injury attorneys Miami should be able to prove either physical or emotional injuries, or possibly both. However, while physical injuries are rather obvious to notice, emotional damage is harder to prove. The easiest and most convenient way to do that is to engage witnesses. Their testimony would shed a lot of light in regard to this particular matter, and the jury is likely to take it into serious consideration. Every Personal Injury attorney in Miami should know that in personal injury cases witnesses play a significant role.
Negligence is Essential
The next thing that you would have to prove is the negligent behavior. Now, this is rather easy because all you would have to do is cite the article that contains the relevant legal provision that has been breached. To act negligently means to act in breach of the law and therefore, pointing out what has the perpetrator done is more than enough. Of course, you would have to present some simple evidence, but in most cases, the defendant won’t argue the act itself because if he has done it, he would be committing perjury. Therefore your Personal Injury attorneys Miami should be focusing on proving other things.
Causality link comes next, but that doesn’t mean that it is the least important. Just the opposite – this is probably the most important thing because if you can’t prove that the negligent behavior itself caused the particular injuries you have no merit to your case and the jury is likely to dismiss it. Therefore make sure that you have accounted for everything and that you are undeniably able to prove this link because you risk getting no compensation at all. It is better to consider negotiating outside of the court settlement than to run the risk of getting to a verdict without being able to prove the causality link. You should take this into proper account because it may be the thing that is going to cost you the whole compensation.