South Florida Injury Lawyer Blawg
If you have been injured in Florida due to someone else’s negligence, you have rights. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys are committed to getting clients the compensation they deserve for their harm. With years of experience, we understand the nuances of this area of the law and can apply this knowledge to your case.
Moving for a directed verdict is not uncommon in Florida trials. It works in the following way. After the plaintiff puts on their case, the defendant moves for a directed verdict, stating that even assuming all of the evidence is true, and all of the inferences relating to the case favor the plaintiff, the plaintiff failed to prove their case as a matter of law. Essentially, a directed verdict is a verdict that the judge has either ordered the jury to find, or, alternatively, the judge has taken the case from the jury and rendered the verdict without the jury’s deliberation.
A directed verdict is only used when the evidence for either the plaintiff or the defendant in a case is so weak that the law cannot possibly support a finding in favor of that party. As a result, the directed verdict is entered in favor of the other party. The Florida Supreme Court has held that in order for a court to remove a case from the judge or jury and grant a directed verdict, there must only be one reasonable inference from the plaintiff’s evidence. Thus, if the jury is forced to stack inferences to find that the plaintiff presented a prima facie case of the defendant’s negligence, a directed verdict will be justified.
In any negligence claim, the plaintiff must establish that his or her injury was a direct and proximate result of the defendant’s negligence (i.e., carelessness, recklessness, or wrongdoing). We understand that a lack of evidence establishing causation can result in a dismissal of a negligence case by a directed verdict. This is why we work extremely hard to diligently build a case and clearly establish a causal connection between the defendant’s conduct and your resulting injury. Without establishing causation, the dismissal of your case is a possibility.
It is important to note that when an appellate court reviews the grant of a directed verdict, the court must examine all of the evidence and inferences of fact in the light most favorable to the non-moving party. The higher court can only affirm a directed verdict when no proper examination of the evidence could sustain a verdict in favor of the non-moving party.
If you have been injured by someone else’s negligence in a Florida accident, a skilled Miami injury attorney can help. At the Law Offices of Robert Dixon, we can review the facts of your case and determine the viability of your claim. Personal injury cases are complex, and having the right attorney on your side can make all of the difference in your case. To discuss your case in more detail, call us at 1-877-499-HURT (4878) or reach out to us online today.
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