People can suffer injuries in a number of ways, whether it’s from an auto accident, slip and fall, dog bite or various other scenarios. A common mistake many people make is assuming that, if they have suffered any types of injury, they will be able sue the responsible party for damages. Although many types of accidents afford a person the right to seek compensation, there is a rigorous standard to be applied determining liability and possible damages.
First, the person or entity you are suing must have owed a duty not to injure you. The “duty” rule is a complicated standard. An easy way to understand it is to consider the difference between an invited guest and a trespasser. If you have invited someone to your home, you owe that person a duty to protect against foreseeable harm. Conversely, you owe no such duty to a trespasser who has broken into your home.
Once you have established that individuals or entities owed you a duty of care, you must determine that they failed to uphold that duty. To do so, you need to consider what the duty was and which reasonable steps they should have taken to fulfill it.
Finally, you must have suffered damages as a direct result of the person or entity’s failure to fulfill the duty. For example, just because someone rear-ended you in a car does not entitle you to sue for compensation. You must have suffered physically or financially as a result, such as in the form of medical bills, rehabilitation, lost wages and pain and suffering
If you’ve been injured by the reckless actions or negligence of another party, speak with an experienced Citrus County personal injury attorney to learn more about your options.
