There are countless ways one’s negligence could lead to another individual getting injured. Whether a supermarket employee forgets to set a wet floor sign after mopping and it causes a slip-and-fall accident, or a distracted driver hits another vehicle giving the other driver whiplash, the injured party deserves to be compensated.
With the help of a Miami personal injury attorney, one can take the legal steps to secure restitution. Depending on the situation, these steps may take place inside or outside of a courtroom, and would of course be separate from any criminal charges resulting from the incident.
Cases involving personal injury are most often settled before the situation escalates to court. When the matter cannot be resolved between insurers alone, a Miami personal injury attorney can guide the injured party through negotiating a settlement that accounts for both physical and emotional damages. When this settlement is reached, both parties will agree not to take further legal action. This option, if viable, can prove to be less costly in terms of money and time.
When preliminary settlement negotiation is unsuccessful, the parties may choose to go with a more formal process. One option is mediation, where an unbiased third party will hear accounts of the situation from both sides, and work with them to come up with a fair resolution. Arbitration occurs in a more formal setting, and the third party will deliver the decision without entertaining either party’s negotiations.
If the injured party is unsatisfied with the outcome of mediation or arbitration, he or she may choose to take the issue to a civil trial. This process begins with the filing of a lawsuit, and the plaintiff (aka the injured individual) will need to prove the defendant’s negligence was responsible for the injury. This is done by demonstrating the following:
- Duty — He or she had a responsibility to the plaintiff (example: to put the wet floor sign down)
- Breach — The defendant did not fulfill the duty (example: failing to put the wet floor sign down)
- Causation — The breach directly resulted in the accident that led to the plaintiff’s injury (example: an individual slips and falls where there was not a wet floor sign)
- Damages — The plaintiff sustained an injury from the aforementioned accident (example: the person who slipped and fell broke their leg)
If you have been injured in an accident, a Miami personal injury attorney at Graham Legal can assist you in recovering damages. Whether a formal lawsuit or an informal settlement is the best option, you can count on our team to secure a favorable outcome. Give us a call today to schedule a free consultation, where we can discuss your particular situation and determine the best course of action.