Things You Should Know From Your Miami Personal Injury Lawyer
Monday, August 17 2009 @ 09:57 am UTC
There are several factors used as grounds for filing a personal injury claim. These may differ from state to state but the basic remains the same. If you are a victim of such crime, there are several things about your case that you must first look at before filing for a claim. There are several things that can make you eligible for a claim and luckily, your Miami personal injury lawyer can make them clear for you. Establishing Facts
The first step in filing for a claim is establishing the facts about the incident. It is only typical for your Miami personal injury lawyer to inquire the specifics of the incident: where it happened, how it happened and who did it. Although it is possible for the counsel to ask more questions, what’s important is that you should be able to answer all of them.
You must be able to demonstrate that the other party is at fault and responsible for your injury. This actually gives him or her legal responsibility towards the incident. Also, you must claim what is only right—do not embellish. In fact, it is important to clearly and accurately prove that the damages done to you reflect the exact loss or injury you sustained.
Bases for Your Claim
Upon establishing the facts of your claim, your Miami personal injury lawyer will then decide the basis for your claim. One of these is negligence. Basically, negligence is accusing the other party of responsibility for your injury due to his or her inaction to prevent it. One instance is injuring yourself after a slip or fall on a wet bathroom floor. Negligence happens when the storeowner fails to properly put a “wet floor” sign. It is the responsibility of the storeowner to ensure the safety of the visitors, thus failing to put necessary cautionary signs can make him or her negligent.
Another basis for the claim may be Intentional Wrong, which is normally the result of a criminal act against the victim. Some injuries from intentional wrong are the result of sexual abuse and battery. Victims are also eligible to file civil lawsuits in order to receive proper compensation for their injuries.
Strict liability can also be the basis of your claim. This basically happens when your injury is caused by a defective product. In this case, the manufacturer of the defective product is held responsible.
Whatever the bases of your claim may be, it is important for the Miami personal injury lawyers to make them clear for you. These knowledgeable professionals are there to help you fight for the compensation you deserve upon sustaining your injuries.
Mark Michael Ferrer
Miami Personal Injury Lawyer
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