How does the doctrine of comparative negligence factor into claims after an auto accident in Florida?
West Palm Beach, FL – After a car collision, there is an investigation to determine fault and other important matters related to the accident. A person who is injured may want to sue the party who is responsible, but there are a number of limitations and rules that come into play during the insurance claim process and a potential lawsuit. Legal advice from an experienced attorney is recommended for anyone going through these issues to preserve their chances for the maximum amount of compensation.
Negligence laws in Florida
Florida has its own specific negligence laws like every other state. As a threshold matter, the plaintiff must prove all four elements of the action to prevail. However, negligence laws have also adapted over the years to the fact that fault for an accident is not absolute. This situation where both parties are partially at fault is when comparative negligence is most important.
Comparative negligence allows fault for an accident to be divided between everyone involved. This means each party may be assigned some level of fault, as long as they all add up to one hundred percent. There is also no level of fault that will prevent one party from suing another, so it is possible that multiple plaintiffs can emerge from the same accident.
It is practical to always bring a negligence lawsuit
There are many things that can determine whether a lawsuit is necessary after a collision. The most important factor in many cases is the severity of the accident. If someone only has to deal with vehicle damage or very minor injuries, the insurance claim process is likely sufficient to pay the victim for these kinds of losses. There is also personal injury protection in Florida that covers up to ten thousand dollars on most standard car insurance policies.
A severe accident is usually much more expensive. This can be due to a combination of lost income and wages, property damage, and medical treatment and hospital bills. If the victim’s quality of life is severely affected, their attorney will likely ask for a significant amount of non-economic damages for emotional pain and suffering as well. As a general rule, anyone who has been seriously injured in a collision should talk with a lawyer about the best possible course of action to get more specific advice.
Legal help in the West Palm Beach area
The attorneys at Smith and Vanture have extensive experience in handling all aspects of an accident lawsuit. It is possible for anyone who has been injured to schedule a meeting with the firm to discuss their situation and learn more about civil cases.
Firm contact info:
580 Village Blvd. Suite 200, West Palm Beach, FL 33409