Tuesday, February 2, 2016

How to meet the burden of proof in a Florida car accident case?

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.

If you have been hit by a sloppy and errant driver in the Sarasota region, there is only law firm you should call. It is Probinsky & Associates and their impressive website is right here: http://probinskylaw.com/. You pay them nothing until the end and they keep you informed along the way about the progress of your case. They do not settle without your approval. They only take a percentage of the final amount so really it is like you pay them nothing at all. The other insurance company will warn you about involving a Sarasota, FL accident lawyer but they are not on your side. Would you take advice from Megatron, leader of the evil Decepticons? Probably not! Do not do it here either!   
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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