Are you a victim of an auto accident, or is your family member one? Even amidst the confusion, one thought that will constantly pop in your head is how you can get compensation for your damages and still get the liable party to pay for their mistake.
But to do that, you must first identify the at-fault party and have enough evidence that determines their legal responsibility. However, it may not be as easy as it seems. Most often, the case lies on whether you can prove that the party at fault was negligent.
But How Do You Go About It?
Certain elements can help you reveal whether the other party was negligent.
Establish You Were Owed a Duty of Care
First, you need to show that there was a duty that was breached. Every driver has to protect everyone on the road from harm. To do so, they have to carefully follow all the traffic rules and regulations so that they can avoid being in situations where they would risk the lives of other drivers and pedestrians as well.
A good example is avoiding instances such as driving under intoxication, speeding, and texting while behind the wheel. A driver becomes negligent if they breach this rule.
Show There Was A Breach in the Duty of Care
The law requires drivers always to be conscious of their actions and avoid any instances of causing injury to others. You, however, need to prove that the defendant did not exercise their duty of reasonable care leading to the accident.
It may not be as simple as it sounds since most perpetrators put their interest ahead of others disregarding any moral conviction. Therefore, it is very easy for them to lie in their police report.
If you are the victim of the accident, you can help prevent such a scenario by taking pictures of the accident and taking notes of what happened before you forget them.
The notes and images will be of great help to your Brandon personal injury lawyer as it will help them to understand the events clearly. Moreover, pictures are great evidence references that you can use to win your case.
If the accident leads to the victim’s death, the attorney can investigate the crash and find witnesses that can help prove there was a breach of duty.
Your Injuries Were the Result of the Breach of Duty of Care
It would help if you showed that your injuries were the direct result of the negligence. A good example is if you suffered from a broken neck because the negligent party was texting while driving before running you over.
You have to clearly show that the injuries you suffer could have been avoided if better measures were put into effect. Another way to look at this element is to consider if the party at fault could have foreseen that their actions could lead to an accident.
If an unexpected act of nature makes the party at fault to cause an accident, then, the accident was most likely not foreseeable. Therefore, they may not shoulder the liability of the accident.
You Suffer Damages Due to Those Injuries
After making a convincing case that shows the defendant was the cause of your injuries, you have to illustrate further the level of damages you incurred due to the accident. This part will pay a big role in dictating how much compensation you may receive for the injuries.
Some examples of damages you may incur are medical bills, cost of recovery, mental and emotional trauma, inability to resume work, vehicle repair, among others.
What Happens if More Than One Party Is at Fault for the Accident?
Sometimes, you may have a part to play in the accident. What happens then? Brandon follows a pure comparative negligence rule that tends to weigh the amount of fault between both parties to determine how much compensation you can receive.
If you were injured from an accident, you could still receive compensation even if you were partially responsible for the accident. However, the amount of payment you receive will be proportionate to your percentage of fault.
What this means is that even if you were 49 percent responsible for the accident, you could still receive compensation for the damages due to the 51 percent fault by the other party.
What Is the Punishment for Negligence in Brandon?
If you are found to be negligent, there are certain damages you may have to pay, depending on the level of injuries of the victim. Some of these damages include the following:
If the victim suffers any financial loss due to the accident, you may have to cater to their loss. Some common economic compensation damages include medical bills, lost wages, and impaired earning potential, among others.
These are the damages that do not have a set financial value. However, they are very important in making the victim whole again. These include emotional anguish, pain and suffering, loss of enjoyment of life, among others.
These are damages that are given as punishment for being negligent. They may not be very popular since they are only given to a small number of personal injury cases, especially those that were either reckless or malicious. However, they are effective in preventing the perpetrator from causing a similar accident in the future.
There are laws in various states that determine how much you can recover in damages. In Brandon, Florida, the law does not limit the maximum amount of compensation you can receive. It does, however, cap the amount of payment for punitive damages.
The law allows you to recover a maximum of $500,000 or the compensation damage, whichever of the two is higher. If you need any legal help, you can consult a Brandon personal injury lawyer to help you get what you deserve from your injury case. The personal injury attorneys offer exemplary services and you will be compensated accordingly.