What Do I Have to Prove to Recover?
To win a recovery for a spinal cord injury, you must prove the elements of negligence under Florida law. The elements of negligence are duty, breach, causation, and damages. Proving duty means showing that the party that caused your injuries had a responsibility to be careful in the circumstances around them. For example, motorists must always be cautious as they drive for the benefit of everyone on the road. Likewise, a store owner has a duty to keep their store safe for their patrons.
Once you establish that the person who causes your injuries has a duty to act carefully for your benefit, you must show that they breached that duty. You must show that they weren’t sufficiently careful based on what a reasonable person should have done in the same situation. The standard is based on a reasonable person. If you can show that they weren’t reasonably careful, you’ve established that they’ve breached their duty of care.
Next, you must show that their breach of duty is the reason that you got hurt. There can’t be an intervening cause between the other person’s actions and your injuries. Their behavior must be the cause of your injuries. Finally, you must show that you have injuries. If you have spinal cord injuries, you most certainly have qualifying injuries as a result of your accident.
If all of the elements are true in your case, you have a valid claim for compensation. You may also bring a claim based on theories of recklessness or intentional conduct. In any case where the other party is legally responsible for your accident, they owe you compensation for the full extent of your losses. Even if you may share partial blame for the events leading up to the accident, you may deserve partial compensation. Our spinal cord lawyers in St. Petersburg can help you investigate your claim to determine its strengths and weakness and your rights under Florida law.