What to know before going to court
Before the Law Offices of Kane & Vital, personal injury lawyers in Sunrise, Lauderhill, & Fort Lauderdale can take your case before a jury, he or she must ensure that four elements of a case be met. If they cannot, your chances of winning are slim to none. Before you sign with a personal injury lawyer, ask if these four conditions can be met. If they cannot, it is best to save your time and money as your chances of recovery are very small.
Was the defendant’s behavior the cause of your injuries? This can be proven in many ways. It does not have to be an action on the part of the defendant. If he or she failed to do something to ensure the safety of others, this condition may also be met. The behavior could be the direct or indirect cause of the injury you suffered.
The defendant must owe you a duty of care. If he or she does not, there is no case so you are wasting your time and that of the personal injury lawyer. The duty of care is determined by your status in relation to the defendant. If you are a guest or licensee of the defendant, the duty of care will be higher than it would be if you are a trespasser. Your contribution to the injury will also be considered when it comes to duty of care. If you contributed significantly to the injury, you may find that you have no legal standing. This is referred to as contributory negligence. The amount of contributory negligence allowed in a lawsuit varies from jurisdiction to jurisdiction. The Law Office of Kane & Vital, personal injury lawyers in Sunrise, Lauderhill, & Fort Lauderdale can provide more information concerning this.
Breach of duty will also be considered. The defendant must have breached a duty of care. The standard of proof for this is based on how a rational person would behave in a similar situation. If others would have acted in a similar manner, your lawsuit has less chance of succeeding.
Your injuries must be significant in order for you to file a lawsuit. The reason for this is that court dockets are seriously overloaded. Minor cases do not warrant a court hearing. Consider all of the above when determining if you should retain the services of a personal injury lawyer. You don’t want to waste your time otherwise.
Give us a call we serve Sunrise, Lauderhill, & Fort Lauderdale areas and are available 24/7 at (954) 523-5123