If you or someone you know has been injured in an accident caused by the negligence of another party, it is important to consult a reputable Miami injury attorney who can examine the facts of your case. At the Law Offices of Robert Dixon, we understand how important it is to thoroughly investigate the matter and collect evidence in a timely manner. You can rest assured that we will handle every aspect of your claim with the utmost diligence.
Personal injury claims in Florida are usually rooted in the theory of negligence. Negligence is a failure to exercise reasonable care in one’s actions. Reasonable care is defined as how a prudent or sensible person would act in the same circumstances. Negligence can also take place when a person fails to act when he or she had a duty to do so. In order to win on a negligence claim, the plaintiff must establish that the defendant owed him or her a duty of care, that the defendant breached this duty, and that the plaintiff’s injuries and damages were a direct consequence of the defendant’s breach.
Establishing liability in a negligence case, whether it is a car accident or a slip and fall, often requires key pieces of evidence. Spoliation of evidence, sometimes referred to as the “destruction of evidence,” takes place when a party negligently or intentionally destroys material that is needed as evidence in litigation. Some examples of spoliation include getting rid of documents or records, failing to preserve video surveillance or other types of video footage, or prematurely repairing damage to property without having it inspected.