One simple negligent act can completely change another person’s way of life. When an individual or entity fails to act responsibly, they may end up causing severe accidents that result in catastrophic injuries.
Typically, injuries of this magnitude also require serious medical attention and sometimes even lifelong specialized medical care. They can not only negatively affect the life of the victim but also the emotional well-being and financial stability of the victim’s family.
Accidents of this type routinely produce significant injuries, paralysis, and in certain situations premature death. Because of this, if you suffer such a serious injury, it is highly advisable that you take prompt action to explore the legal options a personal injury attorney could provide you. If retained, a St. Augustine catastrophic injury lawyer could aggressively fight to pursue fair compensation and accountability for those who experience this type of severe injury.
How the “Burden of Proof” Can Impact Catastrophic Injury Cases
The legal concept known as the burden of proof is the threshold that a party seeking to prove a fact in court must reach in order to legally establish that fact. Parties to a catastrophic injury lawsuit prove facts in court by presenting evidence such as medical records and medical testimony with the help of a catastrophic injury lawyer in St. Augustine.
Fortunately, the burden of proof applied to certain civil cases is much lower that that applicable to criminal cases and may not be as challenging to satisfy. In a St. Augustine catastrophic injury lawsuit, the injured victim must prove their case by a preponderance of the evidence by demonstrating that the proposition is more likely to be true than not true.
Elements of a Catastrophic Injury Case
Generally, an injured victim seeking compensation for a catastrophic injury must first prove that the defendant owed them a reasonable duty of care and caution. Depending on the situation, the duty of care may not be difficult to establish. For example, a standard duty of care motorists adhere to is operating a vehicle with caution in order to ensure the safety of others around them.
The injured plaintiff must also prove that the defendant failed to act the way a reasonably prudent person or entity would have acted in the same situation—in other words, that they breached their duty of care. The defendant’s breach of duty must be the legal cause of the victim’s injury.
After this, the plaintiff must prove that but for the defendant’s conduct, their injuries would not have occurred. Lastly, the plaintiff must prove that any injuries or losses suffered as a result of the accident can be remedied by financial damages. Proof of injury can be made through photographic and demonstrative evidence that St. Augustine catastrophic injury attorneys could help collect, catalogue, and present.
Deadlines for Filing a Catastrophic Injury Lawsuit
Florida adheres to a specific statute that sets a deadline by which an injured victim must file suit against the person or entity legally at fault for their injuries. Under Florida Statutes §95.11(3), victims have up to four years from the date of the accident to file a lawsuit in court. If the plaintiff does not file their case within this time window, the court may refuse to hear the case and the plaintiff may lose their ability to pursue compensation.
Contact a St. Augustine Catastrophic Injury Attorney Today
If you suffered a catastrophic injury due to another person’s negligence, you may be eligible to pursue damages from those responsible. In order to obtain the fair compensation you deserve, you may require expert testimony from professionals with the requisite knowledge and experience to investigate the specifics of your case.
An experienced St. Augustine catastrophic lawyer could help secure this testimony as well as other evidence that may be required to prove your case. To get started on your case, call today to schedule a consultation.