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A Tallahassee Accident Lawyer Reviews the Four Factors Needed to Prove Liability

» Written by // January 22, 2021 //


When you are injured in an accident and another person is at least partially to blame, many times, a Tallahassee accident lawyer can help you recover compensation to make up for economic losses as well as the personal impact such as pain and suffering. However, before you reach the finish line, your attorney must demonstrate four key factors in the case.

These four factors are part of the law of negligence, which holds someone responsible when they cause harm unintentionally. Understanding the four elements of proving liability can allow you to take the steps necessary to help your injury lawyer achieve success.

First Liability Factor –  Your Tallahassee Accident Lawyer Must Show a Duty of Care

Accidents are, by definition, accidental. No one intends to cause another person harm. However, someone may still be held responsible for the consequences if an accident lawyer in Tallahassee proves the four factors of liability.

First, the attorney must demonstrate that the person responsible for the accident owed a duty of care to the injured person. For instance, drivers have an obligation to pay attention to the road. If a driver is texting or talking on a cellphone and causes a car accident, that driver may be held liable. Similarly, stores owe a duty of care to protect shoppers from dangerous conditions under the theory of premises liability.

Second Liability Factor – Your Tallahassee Accident Lawyer Must Show a Breach of Duty

Once a duty of care is established, the next step is to demonstrate that someone breached that duty. In other words, your Tallahassee accident lawyer will need to show that another person failed to act with the responsibility owed under the circumstances. For example, in a truck accident case, an attorney might prove that the company responsible for maintaining the truck failed to perform repairs correctly or that the trucking company did not provide sufficient training for drivers.

Third Liability Factor – Your Tallahassee Accident Lawyer Must Show That the Breach Caused the Accident

Often one of the most challenging aspects of an accident case involves proving that someone’s breach of duty was the actual cause of the accident. An accident lawyer in Tallahassee may seek evidence to show how the lack of responsible behavior led to the accident. The best time to collect and preserve evidence is right after the accident, so it can be beneficial to begin working with an attorney as soon as possible.

Fourth Liability Factor – Your Tallahassee Accident Lawyer Must Show an Injury

Finally, after establishing the existence of a duty, the breach of that duty, and showing that the breach was the cause of the accident, the final factor involves the harm resulting from the breach. Your Tallahassee accident lawyer must prove that you suffered demonstrable injuries from the accident. Evidence of injuries often includes medical records, so it is wise to receive medical attention soon after an accident.

Work with an Experienced Tallahassee Accident Lawyer

An experienced Tallahassee accident lawyer knows every nuance of the four factors of proving liability. Courts may interpret the requirements differently in various types of accident cases, so it is important to understand how to present evidence persuasively to demonstrate liability in your particular case.

To learn more about the four factors of liability in your accident case, call 888-549-7011 or contact us online for a free case evaluation today.


Tallahassee

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Tallahassee, FL 32301-1231
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