Negligence-related injuries occur every day, leaving victims in need of fast, fair compensation. Pursuing a personal injury claim can be intimidating, and our lawyers are here to make the process simpler and quicker for you.

During a lawsuit, a personal injury plaintiff must establish that the defendant breached the duty of care owed to the plaintiff, and that the defendant’s breach directly caused the plaintiff’s injuries and damages. We can use photos, medical records, witness statements, and even video footage to accomplish that goal. Economic, non-economic, and even punitive damages might be available in your case, and our lawyers can confirm your deserved recovery.

Call the Graves Injury Law Firm at (305) 614-2767 for your free case evaluation from our personal injury lawyers.

What Do You Have to Prove in Your Coral Gables Personal Injury Lawsuit?

Proving a personal injury case is no easy feat, and our attorneys can ensure all four mandatory elements of a claim are present before filing yours.

Duty of Care

A duty of care is a legal obligation one party owes another to act as a reasonable person would and avoid causing injury. All drivers have a duty to follow traffic laws and avoid accidents. Property owners owe a duty of care to visitors to address any property hazards that could cause injury.

More people may owe you a duty of care than you realize, not just car drivers and property owners. When assessing your case, we can determine whether a duty of care was present and what it entailed.

Defendant’s Breach of Duty

The defendant’s breach of duty is their negligent act. In car, motorcycle, truck, and other auto accidents, common duty breaches include speeding, following too closely, failing to yield to another party’s right of way, distracted driving, failing to check blind spots, and drunk driving.

A breach of duty could be any action or inaction that contradicts an individual’s duty of care. Our personal injury lawyers will investigate the accident to pinpoint the defendant’s specific negligent act so we can hold them liable.

Causation

Causation is the third element of a personal injury lawsuit and perhaps the trickiest to prove. In addition to the fact that the defendant owed you a duty of care and subsequently breached it, we must prove that, but without the defendant’s negligence, you would not have been injured or incurred damages.

Damages

Plaintiffs cannot request compensation without supporting evidence. Proof of damages includes bills from emergency medical treatment and follow-up care, pre-injury wage documentation, and a victim’s own testimony about their pain and suffering and other non-economic damages.

What Evidence Can Our Lawyers Use to Win Your Personal Injury Case?

Winning a personal injury case requires compelling evidence, which you can rely on our lawyers to gather when handling your case.

Photos

Photos preserve the scene and help us reconstruct the accident for the jury if your case goes to trial. Photos are strong evidence to leverage during settlement negotiations to secure more compensation without going to court.

If you are physically able, take photos at the accident site in anticipation of your personal injury case. You can also photograph your injuries to document the healing process.

Medical Records

Medical records prove when you suffered your injuries, what treatment you received for your injuries, and how much that treatment cost. Medical records only exist if you get medical attention, so never skip going to the hospital if you sustain an injury.

Video Footage

Video footage of trips and falls, car accidents, dog bites, construction site accidents, and other incidents could help prove many aspects of your case, such as the defendant’s negligent conduct, your lack of contributory negligence, and your immediate injuries.

Witness Testimony

Testimony from eyewitnesses confirming the defendant’s negligent conduct, your injuries at the scene, and other facts of your case can help you win.

As the victim, you are also an eyewitness, meaning you can testify about what you saw firsthand. You can also testify to explain your pain and suffering since the accident and why you need non-economic damages to heal.

Top Personal Injury FAQs Answered

What is the Personal Injury Statute of Limitations in Coral Gables?

The personal injury statute of limitations in Florida is 2 years from the date of injury, with exceptions for the defendant’s absence from the state, the victim being a minor at the time of injury, and delayed discovery of the injury.

What Economic Damages Can You Get for a Personal Injury?

Personal injuries are normally very expensive, resulting in medical bills, lost wages, and other out-of-pocket expenses. All economic damages may be compensated, provided there is proof that you incurred them.

What Non-Economic Damages Can You Get for a Personal Injury?

Personal injuries are also painful and distressing, entitling victims to non-economic damages for their pain and suffering. To get the most non-economic damages possible, consider testifying if your case goes to trial, confide in a mental health expert who may also testify in support of your case, and keep a journal to detail your daily struggles and reduced quality of life.

When Can You Get Punitive Damages for a Personal Injury in Coral Gables?

Plaintiffs who prove through clear and convincing evidence that they were injured due to a defendant’s intentional misconduct or gross negligence may get punitive damages if they take their lawsuits to court. Punitive damages are rare in personal injury trials, so do not assume you will get them without getting clarification from our lawyers.

Can You Get Enough Compensation by Settling Your Personal Injury Case?

Settlements can yield enough compensation for personal injuries, but it normally takes time. You may not get enough if you accept the first settlement offer, so let our attorneys negotiate further on your behalf.

Call Us to Discuss Your Personal Injury Case Today

Call the Graves Injury Law Firm’s personal injury lawyers at (305) 614-2767 for your free case review.