Boca Raton, FL – There are a number of different ways that the law determines who is responsible for an accident and how the victim must be paid. Most people who were hurt will speak with a lawyer to bring a case on their behalf and try to receive compensation for medical treatment and various other kinds of losses. The attorney will normally file a case that alleges the defendant person or business was negligent due to the facts outlined in their initial complaint. If they can convince a jury at the conclusion of a trial or negotiate a settlement agreement, the defendant will have to pay for causing the accident and associated losses.
What is negligence?
Almost all injury lawsuits are brought under the legal doctrine of negligence. The laws of negligence can vary state by state, but all are related to a person or entity breaching a relevant duty of care that resulted in injuries to one or more victims. The four elements of a standard negligence action include establishing a relevant duty of care, a breach of that duty by the defendant, causation between these actions and the injury, and damages. As with all other legal actions, each element must be proven to the point that it satisfies the relevant burden of proof, otherwise the plaintiff will not win the case.
Florida’s negligence law
Florida uses a negligence law called pure comparative negligence. This means that fault for an accident can be divided between all parties involved to equal a total of one hundred percent, and any contributing fault by the plaintiff will reduce their damages rather than stopping their lawsuit. This is beneficial to plaintiffs in the sense that small mistakes or a minor contribution to the accident should not affect the outcome of the case, and still allow them to collect compensation.
Damages for victims
The compensation that the victim can potentially receive is relative to their losses and injuries. Compensatory damages will cover things like property damage and repairs, medical treatment and hospitalization, along with lost income and effects on the victim’s employment. There may also be non-economic damages available if the victim can demonstrate some kind of pain, trauma, and emotional damage. In cases where the defendant acted egregiously, punitive damages can be awarded to the victim as a way of punishing the defendant and deterring similar behavior.
Personal injury firms in the Boca Raton area
Rosenberg Injury Law is a firm that helps local clients in South Florida with lawsuits and all other matters related to receiving compensation for an injury. Accident victims can schedule an initial meeting to discuss their situation and learn more about civil negligence cases.
Firm contact info:
5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487