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​​​​​​​​​​​​​​​  Burden of Proof in Personal Injury Cases

Many people believe that just because they were involved in a car accident or suffered an injury as a result of someone’s fault they are automatically entitled to compensation of their medical bills, lost wages, pain and suffering, or inconvenience. Unfortunately, most people are mistaken about this. In the State of Florida, there is a burden of proof when it comes to any injury claim.

The burden of proof varies depending on the type of a case. For example, in a personal injury case based on negligence (the majority of personal injury cases), the injured person must prove each element of negligence by preponderance of the evidence (more convincing in comparison to the evidence introduced by the other side):

  1. The person causing the injury (defendant) owed a duty of care to the injured person (plaintiff).
  2. That duty was beached by the defendant.
  3. The defendant’s breach of duty caused the injury to the plaintiff.
  4. The plaintiff suffered injuries.


In personal injury cases based on strict liability (dog bites, defective products), an injured person does not need to prove fault, negligence, or intention. For example, under the Florida's dog bite statute, the injured person need only prove that the dog bit him or her while in a public place or lawfully in a private place. In product liability cases, the injured person need to prove that a product was defective when it left defendant’s control and was placed into stream of commerce and the defect was a legal cause of the injuries. 


​If you would like to have your case evaluated by an experienced Florida personal injury attorney, call our office now for a free non-obligation consultation. You owe us nothing unless we win your case, and in most cases we are able to substantially reduce our personal injury contingency fees to save you hundreds or even thousands of dollars.    

                    Get your life back on track!  Call now for a free non-obligation consultation386-248-3000