For most Americans, the legal system can be pretty complex to understand. So when most Miamians are involved in a personal injury case, they’re reluctant to file a lawsuit. The process of winning a lawsuit usually involves gathering evidence to support your claim and get your rightful compensation. You can generally use different types of proof in a Miami personal injury case. An example is a police report or another effective form of evidence like an expert witness.
Although filing a legal claim is stressful, skilled Miami personal injury lawyers can guide you through the process. This article will explain the burden of proof and how an expert witness can strengthen your Miami personal injury case. If you or a loved one suffer an injury, contact us at Miami Lawyers 360 immediately.
The Burden of Proof in a Miami Personal Injury Case
Personal injury cases are based on the theory of negligence. This is when one party fails to use reasonable care to avoid causing injury to another person. As a result, the injured party might suffer several damages like lost wages, pain and suffering, medical expenses, and many more.
When you, as the plaintiff, file a personal injury lawsuit, the burden of proof is on you. You have to prove to the court that the defendant is responsible for your injuries. To successfully do this, you must prove four elements of negligence: breach, duty, causation, and damages.
Duty of care is the responsibility to avoid injuring others or putting them in danger. The plaintiff must show that a defendant has a duty of care based on facts. Also, you have to prove that the defendant breached their duty of care. To prove this, you have to demonstrate that the defendant failed to do what a reasonably prudent person would do in similar situations.
Afterward, there’s a need to show that the defendant’s breach caused your injury. Most times, this is a simple requirement, like displaying your injuries. Finally, you have to prove the damages and any loss you suffered because of the injury. It includes special damages and general damages. In some cases, you could also sue for punitive damages if you have proof that gross negligence occurred.
The Significance of an Expert Witness in a Miami Personal Injury Case
Understanding the elements of a personal injury claim is crucial to understanding how an expert witness can strengthen your case. With the burden of proof on you as the plaintiff, an expert witness might be essential to boost your argument. Florida’s evidentiary rules state that expert witnesses can testify at court if technical, specialized, or scientific knowledge is vital to understand the evidence or decide a fact at issue in the court.
A witness is considered an expert based on their skills, knowledge, experience, and education. An expert witness can testify at a trial if their testimony focuses on data and sufficient facts. It also matters that the expert witness applies their principles and methods to the facts of a case. The rules ensure that experts presented in a trial are legitimate and present their opinions based on sound reasoning.
Expert witnesses could be medical or mental health experts, accident reconstruction experts, manufacturing experts, financial experts, and engineering experts. These experts provide vital information to support a plaintiff’s case at any trial stage. They could also talk about breaches of industry standards to prove duty of care in some instances. Although they could be expensive to hire, they could provide crucial information to help you win your case. Their testimony can also be instrumental in helping you negotiate a favorable settlement.
Work With a Miami Personal Injury Lawyer
It could be overwhelming to figure out the steps to take when you’re an accident victim. Sometimes, an expert in your case needs to testify in your favor. An expert witness helps to add clarity to your lawsuit. They are also instrumental in assisting the judge or jury in determining the truth of what happened. For example, an expert witness in a Miami personal injury case could prove that the defendant should be held responsible for your injuries.
A Miami personal injury lawyer would handle the legal aspects of your case so you can focus on full recovery. We will consider the details of your case to determine if you need an expert witness to strengthen it. At Miami Lawyers 360, we have experience representing victims who suffered injuries in various incidences. You can book a free consultation today to discuss your case and determine if you need an expert witness.