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How does the doctrine of comparative negligence factor into claims after an auto accident in Florida?

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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:

Smith and Vanture

580 Village Blvd. Suite 200, West Palm Beach, FL 33409

561-684-6330

[email protected]

smithvanture.com

Why are negligence laws important after an accident in Lafayette?

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Lafayette, LA – When someone is hurt in an accident, they can contact their insurance company and see if they need legal help to receive the most compensation possible to help pay for their expenses. The most important legal principles for people who need financial assistance are often related to negligence. Every state has its own negligence laws, but they are similar in most many important respects regardless of where the accident happened. Negligence is essentially a failure of a person or business to act according to the proper standard of care. 

What is negligence? 

Negligence is a doctrine that has broad applicability in many kinds of civil and personal injury lawsuits, especially those involving accidents, injuries, and mistakes. This type of case makes the person or entity responsible for losses and damage pay the victim to essentially put them in the place they occupied before the incident. 

There are four basic elements of negligence. These are a relevant duty of care based on the situation, a breach of the duty of care, actual causation, and damages. All elements must be shown by the plaintiff’s lawyer at trial, otherwise no money will be collected and the defendant will win the case. Strong evidence that all four elements can be shown is likely to result in a settlement.  

Contributory and comparative negligence

One of the main differences in state law and most important issues for many legal cases is how comparative and contributory negligence are treated in the jurisdiction. These concepts have to do with how a plaintiff’s fault or contribution to their own injuries is treated. 

In Louisiana, a set of rules called comparative negligence is used. This means that fault for all parties involved in the accident, including the plaintiff, can be divided to equal one hundred percent. Regardless of the plaintiff’s level of fault, they can still collect money but their damages will be reduced relative to their level of fault. For example, a plaintiff who is found to be half at fault for their injuries will only collect half of their total amount of damages. This is beneficial for accident victims because they can always bring a lawsuit, even if it appears that they were mostly or partly at fault for their losses. There are some jurisdictions in the United States that use strict contributory negligence principles, which prevent plaintiffs from bringing a lawsuit at all even if they are only slightly at fault for the accident.  

Local lawyers who can bring negligence cases

Miller, Hampton, and Hilgendorf is an experienced accident firm that helps clients in Lafayette, Louisiana. Their attorneys can meet with potential clients to discuss the process to bring a lawsuit and receive compensation. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

Can a driver file a lawsuit after an accident caused by bad weather in Connecticut?

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New London, CT – Connecticut and other states in the U.S. often experience severe weather that makes car accidents much more likely. If the roads are wet, covered in ice, or there is heavy rain, it is much more difficult for drivers to control their vehicles as normal. While there are some accidents that are totally unavoidable, it is likely that at least some level of human error contributes to just about all accidents. Those drivers or businesses who make crucial mistakes may still be sued. 

The concept of an uncontrollable problem

Insurance companies often use the phrase Act of God to identify certain unpredictable events that are outside of human control such as the weather. In many situations, this can function as a way of avoiding liability and saying that there can be no liability because there is no identifiable person or business who is at fault. While people and businesses do not have absolute control over their environments, some insurance companies or defense attorneys merely use this concept as a mechanism to avoid fault for their actions.  

If other drivers are involved, they may not be able to simply use the bad weather as an excuse. All drivers are expected to apply the relevant standard of care, which can include accounting for poor road conditions and adjusting driving habits accordingly. Any breach of the relevant standard of care by the driver at fault is significant, as this is an element of a negligence lawsuit. 

Negligence lawsuits against drivers or other entities who cause accidents

If a party can be identified, they can be served with a negligence lawsuit for their actions leading up to the accident. In Connecticut, even a driver who is found to be partially negligent or at fault for their own injuries can still collect damages from the defendant. A plaintiff who is partially at fault only has their damage award reduced relative to their level of fault, but they are not prevented from bringing the case. 

The government can also be sued in an accident case where it is apparent that the roads were not properly maintained and cleared or left in an unsafe condition. This type of behavior is still considered negligence even if an entity is responsible rather than an individual. Total immunity for governments and their agencies from injury lawsuits has been limited in every state in the country. 

Accident lawsuits in Connecticut

Holth and Kollman are available to meet with accident victims about personal injury lawsuits in the New London area. An initial consultation with the firm is the best way for potential clients to learn how to proceed. 

Firm contact info:

Holth & Kollman, LLC

58 Huntington Street, New London, CT 06320

860-447-0331

www.holthkollman.com

What is the purpose of bringing a negligence lawsuit after an accident in Tennessee?

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Nashville, TN – Motor vehicle crashes can be expensive for several different reasons. The victim will need medical treatment if they are injured, they may have time away from their job and source of income, and there can be property damage and vehicle repairs. The most likely way for someone to receive large amounts of compensation is a negligence lawsuit, even if the victim has car insurance. This is because insurance claims tend to be more limited both in the amount that will be paid out and the type of damage that is covered under a policy. Some claims may even be denied entirely.

The doctrine of negligence

A negligence lawsuit is a common type of civil action that makes a business or person pay the victim after a mistake that results in injuries. Each state has its own negligence laws, but they vary slightly in each jurisdiction. The four elements of a negligence lawsuit are a relevant duty of care, breach of that duty, causation, and damages or losses. All four elements must be shown, otherwise the plaintiff will not receive any compensation. 

Dividing fault after an accident

An issue in all negligence lawsuits is deciding which party was actually at fault for an accident. In many cases, two or more parties contribute to an accident, but a single party may not be entirely responsible for all of the damages. Many states have adjusted their negligence laws to account for this possibility. In Tennessee, a plaintiff can collect from a defendant as long as they were less than fifty percent at fault for an accident. Their percentage of fault will only be used to reduce their damages rather than block the lawsuit altogether. This means that a victim who is partially at fault can still collect some amount of compensation for their injuries. 

Settlement agreements

Most negligence lawsuits will end with a settlement rather than a full trial. This is because settlements tend to be a more efficient and cost effective way to end civil cases. Strong evidence of negligence by the defendant may cause their attorney to be more willing to close the case through a settlement if it appears that they would likely lose at trial. The benefits of a settlement are reduced legal fees and an amount of compensation that should cover most of the victim’s losses. 

Tennessee accident attorneys

The Law Office of George R. Fusner is a firm that handles all matters related to motor vehicle accidents and personal injury law. Residents of the Nashville area who need legal help can contact the firm to learn more about compensation for their losses. 

Firm contact info:

The Law Office of George R. Fusner

7104 Peach Court, Brentwood TN 37027

615-251-0005

gfusnerlaw.com