In all Florida personal injury cases, the plaintiff must prove certain facts before they will be entitled to receive compensation for their injuries. The specific elements that must be proven depend largely on the type of case, but some elements are almost universally required across all Florida personal injury cases.
One of the most common – and most contested – elements in a Florida personal injury case is the element of causation. Simply stated, the element of causation requires that a plaintiff prove that the defendant’s actions were the cause of their injuries. While this sounds simple in theory, a recent case illustrates how establishing causation may not be as straightforward as it initially seems.
The Facts of the Case
The plaintiff was riding his motorcycle on the highway. When he rounded a curve, he approached another accident without warning, and he was unable to safely stop in time to avoid an accident. He ended up sustaining serious injuries as a result of the motorcycle accident.