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What Are The Factors That Help Determine Negligence In Personal Injury Cases

Author: Mohamed Fareed
by Mohamed Fareed
Posted: Apr 11, 2021
personal injury

A person in Florida defending a personal injury claim should first establish the guilty party. Establishing the guilty party decides whether there was any negligence. Imagine a person in Florida who got injured in an incident. Winning his claim primarily relies on whether his lawyer can ascertain negligence by the opposing party. This is the reason that both parties should have a quality personal injury attorney. The parties must also be transparent with them from the start. The more particulars that a person shares about his case, the more robust his claim can get provided that the other party is guilty.

Comparative Negligence

Possibly the most vital aspect to consider in a personal injury claim is negligence. If a person was guilty of the mishap in any way, it would affect the quantity of damages he can recover.

Nevertheless, verifying that the opposing party was guilty can make his claim stronger and improve the probabilities of getting back damages. A premium West Palm Beach Personal Injury Lawyer can help with this.

Mandatory in being considered guilty is proving that

  1. The action of the defendant was unreasonable.
  2. Those actions caused the accident, resulting in injury from negligence.

So, how is negligence in personal injury cases in Florida determined? There are three factors. We discuss them below.

The Three Factors Involved In Determining Negligence In Florida Personal Injury Cases

Duty of Care — this concept holds that every person is responsible for others. This responsibility consists of not putting them in harm or making them injured. This concept looks pretty straightforward. However, the extent to which this obligation reaches can get complicated.

A case in point is a person who has a business with defective flooring, including a broken step. He has to take the correct action to rectify this issue. If he doesn’t take correct and a personal injury happens, he may be found guilty.

Breach of Duty — it’s established after it is ascertained that somebody with an obligation of care toward a different person couldn’t uphold that care.

This can also be tricky. We take the above example. If the owner didn’t cordon off the defective flooring area and placed a sign instead, can he be deemed negligent? The court must decide. The decision pivots on whether his actions caused a dangerous circumstance that caused harm to another.

Causation — Suppose the above factors are proved. It then becomes essential to prove that an injury or accident was the result of that violation of duty. As what is deemed "reasonable" action differs widely, verifying causation can be intricate.

Verifying causation is possibly the most intricate element of personal injury cases. Thus, it’s vital to have a premium West Palm Beach Personal Injury Lawyer.

Damage Caps

Suppose a person’s personal injury lawyer proves negligence, and the person gets compensation for his claim. It is vital to realize that the Florida state enforces damage caps for cases of personal injury. What does this mean? That there’s a maximum to the sum recoverable for a hood number of personal injury claims.

About the Author

Fareed is a graduate of computer science engineering, a writer and marketing consultant. he continues to study on Nano technology and its resulting benefits to achieving almost there.

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Author: Mohamed Fareed
Premium Member

Mohamed Fareed

Member since: Feb 11, 2017
Published articles: 1288

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