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Proving Your Motor Vehicle Case

December 7, 2021
Joseph Discepola

motor vehicle injury can be a traumatic and emotionally exhausting incident in anyone’s life. Some severe injuries may require time to heal, preventing you from working or attending to urgent matters. Being injured or involved in an accident does not directly enable you to obtain fair compensation. The circumstances of every accident differ, therefore, requiring thorough investigation by the concerned authority to establish the party at fault. The insurance company for the at-fault driver is often reluctant to pay what you think you deserve, let alone as soon as you need to be compensated.  Insurance companies are happy to be paid premiums from their insured customers but fight to pay out claims.  Therefore, lawsuits often has to be filed to hold their feet to the fire. There are 4 elements you will need to prove your case:

Duty of Care

T The second element you need to prove is that the other driver owed a duty of care to you, other drivers, passengers, and/or pedestrians to operate their motor vehicle in a reasonably safe manner so as not to cause or contribute to causing the subject accident.  Part of that duty is to follow the rules of the road.

Breach of that Duty of Care

The second element you need to prove is that the defendant breached that duty of care by failing to operate their motor vehicles in a reasonably safe manner and as a result, they caused or contributed to causing an accident.


The third element you must prove is that the breach of that duty of care caused you to suffer one or more injuries.


The fourth and final element you must prove is the extent of your injuries and the related damages, which may include, but are not limited to the following:

  1. Past and Future Medical Expenses
  2. Past and Future Wage Losses/Loss of Income Earning Capacity
  3. Loss of Enjoyment of Life
  4. Mental Anguish

About us

If you are looking for a lawyer who is available to you, responds quickly, and will handle all aspects of your case in the pursuit of justice for your injury, then, contact JPD Injury Law today.  We handle all categories of personal injury cases throughout Florida, majorly focusing on the issues in the tri-country areas- Miami-Dade, Broward, and Palm Beach. Our practice areas include catastrophic injury, nursing home abuse, medical malpractice, motor vehicle accident, premises liability, defective product, and cruise ship injury cases. To know more, contact us at our phone number (844) JPD-I-LAW or write to us at our email