What is Negligence?
Negligence is failing to exercise the degree of reasonable care expected of someone in order to minimize the risk of harm to another person. It serves as the legal basis for many personal injury cases, including car accidents, slips and falls, and medical malpractice. For example, when a vehicle is rear-ended by another vehicle, the rear driver is usually considered negligent.
What are Damages?
Damages are compensation provided to a person for harm or injury suffered as a result of another’s negligence. The amount of damages a victim may recover depends on the circumstances of the case, including the negligence committed and the injury suffered. For example, when the driver of a vehicle that has been rear-ended by a negligent driver, the rear-ended driver is usually entitled to compensation for the damages caused by the negligent drive.
What Happens When More than One Party Is Negligent in a Car Crash or Personal Injury Accident?
Generally, the person who is negligent and causes an accident should have to pay for the costs of the accident. But sometimes more than one party is negligent. See Section 768.81, Florida Statutes, comparative negligence rule.
What Is Comparative Negligence?
Florida is a comparative negligence state. This means that if a person is partially at fault for an accident in which they suffer harm, that person’s recovery of damages will be reduced by the amount of that person’s fault, but it does not completely prevent that person from recovering damages.
If multiple parties are negligent, each party will be assigned a percentage of fault. Under the comparative negligence rule, each party can be compensated for his damages. The total recovery will be reduced by the percentage of fault. Accident victims in Florida can recover compensation from the other party, even if the victim is partly at fault.
You can be mostly at fault for an accident and still seek compensation for your personal damages from the other parties. If you succeed, your total damages will be reduced by your percentage of fault, whatever that percentage might be. See Section 768.81, Florida Statutes. For example, if you are twenty-five percent at fault for an accident, you may still recover 75% of your personal damages from the other at-fault party.
Who Decides the Percentage of Fault in Florida?
If a personal injury claim goes to court, the judge or the jury will assign each party a percentage of fault. An experienced personal injury attorney can argue for a smaller or greater percentage and help accident victims fight to obtain the recovery they are entitled to.
Many personal injury cases do not go to trial. In those cases, the parties themselves agree on a percentage of fault and then reach a financial settlement. Occasionally, this is accomplished through negotiations or through proceedings such as mediation or arbitration. An experienced personal injury attorney can negotiate for a smaller or greater percentage and help accident victims obtain the recovery they deserve.
Florida’s doctrine of comparative negligence is complex, especially in situations involving more than two parties, or where the issues of fault and liability are not clear-cut. An experienced personal injury lawyer can help.
Apportioning fault is one of the most challenging and important factors in the aftermath of a car, truck, or motorcycle accident as it determines how much you can recover from that accident. If you’ve been injured in an automobile accident or any other personal injury accident, liability depends on who was at fault.
Accidents are not always black and white. Often, accidents are the product of negligent behavior by multiple parties. Proving blame is usually the difficult part. Since multiple parties can be at fault, multiple insurance companies can also be involved. If you speak to the other party’s insurance company, your statements can be used against you. This is why it is crucial to consult with an experienced lawyer who can deal with the insurance company for you.
Should I Contact a Personal Injury Lawyer?
If you or a loved one have been in a car crash or personal injury accident, it is important that you discuss your situation with an experienced personal injury attorney to learn about your rights and options. The laws are complex. You will probably need the assistance of an experienced personal injury attorney to get a favorable resolution.
One of the biggest benefits associated with hiring a qualified lawyer is that you increase your chances of getting the relief you deserve. Good attorneys have the knowledge, experience and resources necessary to obtain the best possible outcome. You will need to hire an experienced lawyer as soon as possible. Why? Because experience counts.
Not every attorney has the qualifications and experience necessary to handle a personal injury case. You need a qualified and experienced lawyer to fight for your rights.
Why Fernandez & Hernandez?
The attorneys at Fernandez and Hernandez have experience with personal injury cases and will work vigorously to get you the resolution you deserve. The attorneys at Fernandez & Hernandez are bilingual and will provide a free and confidential consultation so that you can discuss your case. The personal injury attorneys at Fernandez & Hernandez can help you understand all of your options.
If you or someone you know has been in a car crash or personal injury accident in the Tampa Bay area and needs help, Fernandez & Hernandez will guide you through the process and assist you in getting compensation for your injuries and loss. Car crashes and personal injury accidents are complex.
Personal injury attorney Martin J. Hernandez has experience with car crashes and personal injury accidents and will work diligently to get you the compensation you are entitled to. Attorney Martin J. Hernandez can help guide you through the system and get the resolution you deserve.
If you or someone you know has been injured in an automobile or personal injury accident, it is important to act quickly and discuss your specific situation with a competent attorney. No matter what the facts are, Tampa Bay personal injury attorney Martin J. Hernandez is committed to helping his clients get what they deserve. Contact us online or call us today for a free, confidential consultation so you can figure out your next step.
If you or a loved one need legal assistance with a car crash or personal injury accident case call Tampa Personal Injury Attorney Martin J. Hernandez of Fernandez & Hernandez at 813-229- 5353.