Does Your Car Accident Count as a Personal Injury Case?

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Does Your Car Accident Count as a Personal Injury Case?

When misfortune occurs in the form of injury, parties must resolve the legal issues that come with the incident. The reasons for which a person might seek a personal injury attorney in Lakeland are quite broad. Different subcategories in this field of law include road traffic accidents, work accidents, slip and fall accidents, and assault claims. The facts below can relate to any of the above categories for people in Lakeland and beyond.

What Constitutes Personal Injury?

In the United States, injuries fall under tort law, which involves one party (the plaintiff), bringing another party (the defendant) to court over harm caused to body or mind, each with the representation of a personal injury attorney. There are four necessary conditions to prove in a case.

  1. The offending party had a responsibility to the other person. To use an example, imagine Steve is driving in Lakeland, and another driver rear-ends him. Assuming Steve had a right to be on the road, the second driver had a responsibility to drive safely and obey traffic rules.
  2. The offending party failed in their duty. If the second driver knew Steve was in front of him, yet failed to brake properly, then there is a clear breach of duty. The driver should have stopped, kept a safe driving distance, and practiced defensive driving. However, even if the other driver did not know about Steve being in front of him, if he reasonably should have, there may still be liability on his part. The other driver may still be held liable for negligence.
  3. The plaintiff suffered harm as a result of the negligence. If Steve needed hospitalization as a result of the crash, there might have been a host of social, emotional, and financial problems that followed. This misfortune may lead him to seek a personal injury attorney to pursue the other Lakeland driver in court.
  4. The injured party suffered monetary damage of some sort. More often than not, injuries cause a loss of money, which is a necessary component for personal injury suits. More severe injuries tend to lead to higher settlements.

What to Do After a Car Accident in Lakeland, Florida

Regardless of your side in the legal dispute, to have the best chances of a favorable outcome, it is essential to take appropriate action as soon as possible. This includes gathering documentation and evidence such as photographs of the site or injuries. You should also consult with a personal injury attorney in Lakeland Florida. He or she will help you gain further understanding of your legal options and how to move forward.

Contact a Personal Injury Attorney at Dismuke Law, PLLC in Lakeland or Tampa

Whether you are a plaintiff or defendant, Dismuke Law can help you obtain the best odds for a positive outcome for your situation. Our experienced team provides extensive personal injury attorney assistance in the Lakeland and Tampa areas. Contact us now at 1-800-ASK-DAVE.

By | 2018-06-06T08:56:28+00:00 November 30th, 2017|Categories: Personal Injury|Tags: , , , , |