When it comes to a civil lawsuit
following a car accident, the plaintiff has to shoulder the burden
of proof. What does that mean? It basically means that any claims made in the
lawsuit will be the plaintiff’s responsibility to prove and establish in order
for him or her to be awarded compensatory damages and they will have a Sarasota,
FL accident lawyer working with them on this case.
The best law firm in the Sarasota area
is Probinsky & Associates. They know how to win cases and the first meeting
is free. They are not paid until you are paid. They know how to build a winning
case. Give them a call and watch your case rise in value.
A car accident can be a very complex
incident which is made even more complex due to the fact that auto accident or
traffic laws are vast and state specific. This is precisely why we urge anyone
who is serious about recovering damages to secure legal help and do not sign
any paper work until you have that legal help advising you. It is important
that you act immediately since in most states car accident cases are subject to
a statute of limitations.
Be it a personal injury lawsuit, a
property damage lawsuit or a wrongful death lawsuit, there is a deadline within
which you must file a lawsuit. The statute of limitation in Florida is four
years from the date of the car accident. Any personal injury or wrong full death lawsuit
filed after the deadline will simply not be entertained and will be duly dismissed
by a review panel and Sarasota, FL accident attorneys such as those from the
profound and golden law firm of Probinsky & Associates have heard of this
happen before by clients they did not represent. If you give Probinsky &
Associates a call, this type of issue will not happen to you.
Proving
Your Car Accident Case
As any legal professional will tell you,
there are essentially four steps to proving
your car accident lawsuit.
Duty
of Care
The very first step is called Duty of
Care which needs to be established by the plaintiff and in most cases it is
fairly simple to do. The plaintiff basically has to show that the defendant
owed the plaintiff a duty. In car accident cases, this duty is to drive safely
and with consideration to others while on public roads.
This is not the case with Samuel L
Jackson in the beginning of The Other Guys. He was driving like a mad man
firing shots in public streets and crashing cars through buses. Though that
movie was hilarious, it was fiction. Do not drive like him!
Breach
of Duty
The second step in proving your car
accident lawsuit would be to prove that the defendant failed to actually carry
out this duty. This part of the case is called proving Breach of Duty and is
often the most pivotal part where the plaintiff must provide evidentiary
support to back up his/her claims that the defendant acted negligently and
hence breached the duty that he/she owed.
It is important that you have concrete legal
representation especially at this stage of the case. Your legal representative
will know exactly how to gather and present evidence in your favor very
effectively.
Causation
– Defendant’s Actions\inactions caused Plaintiff Damages
The third step of the equation is to
then establish that the defendants breach of duty caused you (the plaintiff)
damages. This again needs to be backed by evidence which may be in the form of
paperwork, testimonies, statements made by law enforcement officers,
photographic or video graphic evidence, to name a few, while your Sarasota, FL
accident lawyer, and the best in the business along the Central West Coast of Florida
is Probinsky & Associates, gathers all of this material.
Injuries/Damages
Lastly, in order substantiate your car accident claim, you must provide an estimate of the
damages you seek and this will need to backed by medical bills, repair
expenses, and other related out of pocket expenses.
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