Boca Raton, FL – There are a number of different things that must happen for a person to be able to file a successful injury lawsuit. This includes both particular types of accidents, as well as legal procedures, and calculated steps made by an attorney to result in a favorable settlement agreement or jury verdict. Anyone who is considering a lawsuit should get specific information that is relevant to their injuries and the possibility of success with their case before proceeding.
An accident where another person or entity is negligent
In order to be able to file a lawsuit, the victim must have been hurt in some kind of accident where another party was at fault or negligent in some way. This can include motor vehicle crashes, work related injuries, being hurt on another person’s property, and various other types of harm. The losses must have been caused by a person, business, or entity such as a government agency that can be named as a defendant and served with a lawsuit. Note that this generally excludes most types of harms that were self inflicted or caused by random events such as weather.
Evidence of negligence
When an attorney files a lawsuit that alleges negligence, they must specifically identify evidence and facts that give rise to the claim. There is some room for legal argument, but the complaint that starts the lawsuit must identify a specific time and place, and be able to show why the defendant is at least partially at fault. Things like allegations of careless driving and unsafe conditions on the defendant’s property are usually sufficient to start the case. Things like pictures, videos, witness testimony, and accident reports are all crucial in helping establish the elements of negligence.
The settlement agreement
A full trial in court has become a rarity in most civil injury cases, so the plaintiff’s attorney needs to be a skilled negotiator. An ideal settlement awards the victim with most or all of the compensation they need to recover medical treatment costs, lost wages, pain and suffering, and any future projected losses that are associated with their injuries. The benefit of settling a case is that the victim receives their compensation more quickly, with less risk of a total loss, and with less legal fees than if they went to trial.
Finding out more about a lawsuit
The Law Offices of Jeffrey A. Rosenberg is a firm that helps people who have recently been involved in an accident in the Boca Raton area. During a meeting with one of their attorneys, they can explain the process of bringing a civil injury lawsuit and receiving compensation through a settlement agreement.
Firm contact info:
5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487