Silver & Silver P.A.

How Does Comparative Fault Work in a South Florida Personal Injury Case?

South Florida Personal Injury

In almost every personal injury lawsuit, the plaintiff and defendant will point to the other person when it comes to fault. Nobody wants to admit that they caused the accident. Yet, it’s very rare that any one person is 100% responsible for an accident. This is why your attorney has to be prepared for you to be held partially at fault.

How Do You Prove Negligence in a South Florida Personal Injury Case?

If you get injured in any sort of accident, you may have a claim against the other party. Most of these cases are based on something called negligence. Negligence is basically when the other party didn’t behave the way they were supposed to.

However, in order to prove negligence, your Florida injury lawyer will have to show the following four (4) things:

But as long as your lawyer can prove all of these elements, you should be able to recover for your injuries.

What if You Were Partially at Fault?

One of the hardest things to prove in your personal injury case is that the other party was at fault. To make help, your attorney will submit all different types of evidence to do this. Some of this evidence includes:

As a result, there’s a chance the court may find  you partially at fault for the accident. But in Florida, they follow something called a pure comparative negligence standard. This means that your judgment will be reduced by your percentage of fault. So, let’s consider that your total damages are $100,000. The judge finds that you were 30% at fault. This means your judgment will be reduced by 30%- or $30,000.

Contact an Experienced Personal Injury Attorney in South Florida

If you or your loved one suffer an injured in any sort of accident, you need to call our office. We can review your case and give you an idea of what your case may be work. Let one of our experienced injury lawyers answer any questions you may have. Call today to schedule your free initial consultation. And it’s absolutely free and you pay nothing until you settle your case. The defendant will have lawyers working for them and you should too.

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