Personal injury law relates to civil litigation that might result from an accident caused by an individual or entity that results in harm to another person. If you feel that your accident was due to someone else’s fault, you can file a lawsuit against them to obtain compensation for your financial and non-monetary damages, including medical bills, lost income, cost of ongoing medical treatment, incidental expenses, and more. Proving the defendant’s negligence is one of the core components of establishing liability in a personal injury lawsuit. If you are seeking legal action against the party responsible for your injuries, a skilled Stuart personal injury attorney at Kogan & DiSalvo in the state of Florida can help you obtain fair financial compensation for your damages. Keep reading as we look at why negligence matters in your Florida personal injury case.
Negligence is a legal term used to assign fault in personal injury law. When a person takes certain actions that might result in harm to another individual, they can be held liable for their negligent conduct and failure to exercise safety in their conduct. Since it is a legal determination, it must satisfy certain components to be able to withstand legal scrutiny in a court of law. These include:
Duty of Care
The defendant owed the plaintiff a duty of care. This is a rule that everyone is legally allowed to follow. It means exercising a standard of reasonable safety when engaged in an activity that has the potential to harm others. A typical example of this duty is following all the traffic laws. These laws are put in place to keep the general public safe. Driving recklessly can put people in danger, which can result in egregious damage. It is always expected that everyone follows these laws and if they don’t, then a person can get in serious legal trouble.
Breach of Duty
The defendant violated their owed duty by failing to adhere to the standard of care. Whether intentional or unintentional, their actions did not conform to reasonable safety practices. These actions can cause someone to be grievously injured or lose their life. These rules must be always followed. Breaching this duty is taken seriously by the legal system. They will swiftly act against the defendant who did not follow these important rules.
The defendant’s actions led to the accident and subsequent physical, emotional, financial, or property loss to the plaintiff. Here the plaintiff will provide solid evidence that the defendant caused them these problems. The court will go through said evidence and eventually reach a verdict. Typical causations are if the defendant causes a car accident while they were driving recklessly. This accident leads to the plaintiff being in the hospital and losing their car. The plaintiff will provide this evidence in court and the legal professionals will go from there.
The plaintiff suffered damages as a direct result of the accident caused due to the defendant’s negligence. Damages might include medical bills, lost wages, emotional pain and suffering, property loss, etc. This evidence will be provided by an attorney that represents the plaintiff. Once going through the damages, the court will calculate how much the defendant will owe the plaintiff. Sometimes the cost is not too bad but in some intense cases, the defendant will have to pay thousands out of pocket.
Importance of Establishing Negligence
Establishing negligence is crucial to a personal injury case since it can hold a defendant liable for a plaintiff’s injuries and losses. If the above-mentioned criteria for negligence are fulfilled, you might be able to hold the offending party responsible for your damages and obtain financial compensation through an out-of-court settlement or court trial. It is also important to remember that establishing negligence is not always a simple process. It gains more importance in cases where more than two parties are involved in the incident. Additionally, the law dictating negligence might vary between different cases depending on the state where the accident occurred. Some states follow the law of comparative negligence, whereby your compensable damages might be reduced by the percentage of your fault for the incident.
It is also important to note that negligence in legal cases is bound by the statute of limitations, which is a legal deadline for seeking legal action against the defendant. The clock for the statute of limitations starts ticking at the time of the incident, and the duration varies between different regions. If you fail to adhere to this deadline, you might lose your right to seek legal action against the defendant altogether.
If you or your loved one got involved in a personal injury lawsuit, you might be able to file a lawsuit against the individual or entity responsible for your damages. Determining negligence is one of the most crucial components of a personal injury lawsuit. An experienced lawyer can help you recover compensation by fulfilling the requirements of proving the defendant’s liability. They understand how the system works and will guarantee you financial compensation. A competent legal team will fight for you during the entire process.