Personal Injury
Proving Negligence After an Accident
Everyone has an obligation to act with reasonable care towards others. The extent of this duty of care will depend on the situation. For example, a drug manufacturer’s duty to produce a safe product differs from a homeowner’s responsibility to protect their dinner guests from injury. When someone does not act with care and causes harm to another person, this is known as negligence.
A Florida personal injury attorney could investigate an accident and identify if someone’s negligence contributed to what happened to you. Attorney Daniels could collect evidence proving the negligent person failed to act with reasonable care, and pursue financial compensation on your behalf. In many cases, the responsible parties may negotiate a settlement, meaning the case does not have to go to trial.
If you are partially responsible for the accident, it may not be possible to recover 100 percent of the damages. However, according to Florida Statute §768.81, you may still be able to collect a portion attributable to the other person’s conduct. A Florida attorney could present evidence that shows you are not to blame for your accident, increasing the percentage of the money you could potentially collect.
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Damages is a legal term for the losses a person suffers from an injury. In order to seek damages, a person must legally prove their losses. Examples of these damages include:
- Medical expenses
- Physical Therapy and Vocational Rehabilitation costs
- Home renovations necessary for disabled access
- Adaptive vehicle
- Lost income
- Diminished future earning potential
- Physical pain
- Emotional suffering
- Disfigurement
- Disabilit
- Incidental expenses incurred because of an injury.
In some cases, you may be able to seek punitive damages. These are available only if you have clear evidence that your injury resulted from another party’s negligent, reckless, or careless actions. A Florida personal injury attorney can help you through this process, because a Motion has to be filed and a Judge has to make a finding that punitive damages are appropriate. Punitive damages are usually three times an individual’s compensatory damages, or $500,000, whichever amount is larger.