If you have been injured due to another person’s negligence, you’re entitled to seek compensation for the losses incurred. However, what takes place when at least one person is accountable? For instance, who pays for the damages when two motorists are involved in a rear-end road accident because one motorist had a faulty tail light while the other was speeding? The section below answers how the comparative negligence rule and fault works in Jacksonville.

Contributory Negligence

As far as contributory negligence is concerned, the victim can’t receive compensation for their loss if they are liable for their accident in any way.

In the previous example, if the speeding driver was ninety percent accountable for the collision while the injured driver was ten percent responsible, the injured party will not recover compensation.

Comparative Negligence

If several parties were involved in the comparative negligence rule, every person will be allocated a portion of responsibility. The victim here will recover compensation for their losses. However, the portion of liability will reduce the total compensation.

In the previous example, if the victim’s total compensation amount is one hundred thousand dollars, their damages will be lowered by ten percent of the responsibility, for ninety thousand dollars.

Unlike the contributory negligence rule, the comparative negligence rule does not force victims to foot entirely for a collision that was mainly another person’s fault.

Understanding Contributory and Comparative Negligence Rule in Florida

Before 1973, Florida followed a contributory negligence rule. Accident victims were unlucky if the court determined they were partially accountable for their accident. Negligent persons would also try their best to prove small mistakes or infractions by the alleged victims.

Luckily, personal injury laws in Florida have evolved. Currently, the Sunshine State follows a pure comparative negligence standard. You can be awarded compensation regardless of whether you are partially accountable or not (and when your percentage of liability exceeds fifty-one percent).

In layman’s language, you could be mostly liable for your accident and still sue the defendant. If your case prevails, the total compensation amount will be lowered by the percentage of liability, whatever the percentage is.

The jury applies these rules when determining the total damages and an insurance adjuster when negotiating the settlement amount.

Moreover, Florida follows joint and several liability rules when allocating liability between several defendants. The defendant could be held accountable if they all contributed to the accident. For instance, a pile-up car accident might involve different parties who acted negligently. Florida uses a structured system to hold at least one defendant accountable. A person who is 10% or less responsible should not pay for your economic losses. A defendant who is at least 10% percent liable but less than 25% accountable for the accident should pay a maximum of $500,000. An individual found between 26% and 50% responsible is accountable for a maximum of $1,000,000. A person above 50% percent liable should be held accountable for $2,000,000 of your damages.

Florida Car Collision Lawsuits

As previously mentioned, you are not barred from pressing charges for compensation even when you are partially responsible. However, that doesn’t mean you will not encounter other recovery challenges if you sustained an injury in a car crash. The law has a medical threshold for a personal injury in a truck and car accident claim. That means your injury should meet certain specific severity requirements if you want to seek compensation in court. Types of injuries that satisfy the threshold standard include:

  • Death
  • Substantial and permanent disfigurement or scarring
  • Permanent injuries with a reasonable level of medical possibility
  • Substantial and permanent loss of a vital bodily function

The purpose of the threshold is if an injury isn’t permanent or significant, the insurance policy limit should offer adequate compensation. If it doesn’t, you must be allowed to have the claim adjudicated by a jury of your peers per pure comparative negligence standards. While litigation could take longer than using the no-fault benefits or reaching a settlement with the responsible insurance provider, it might lead to a more significant compensation amount. Therefore, you should talk to your experienced personal injury attorney about the available options.

The attorney will also ensure your lawsuit is filed in time. Generally, the deadline for filing personal injury claims is four (4) years. The time frame begins running after your accident’s date. Sometimes, the duration can be shorter; if you’re bringing a claim against the government, the timeframe is three years.

Determining Accountability in Personal Injury Cases

Liability in your accident is accountability for the crash or the condition that resulted in injuries. Before recovering compensation, you should establish that the entity or person caused your injuries and accident.

Following the accident, your lawyer will investigate your case, identify all the defendants, and then make the final determination. Typically, in most cases, particularly in car accidents, defendants have liability insurance. The liability makes the insurer responsible for footing the damages. However, the insurer will investigate before making an accountability decision. When the insurance company and your attorney cannot settle on responsibility, the case will proceed to trial.

Establishing Negligence

To recover compensation for your personal injury claim, you should establish that the defendant acted with negligence. Negligence is conduct that falls below the care anticipated of a prudent individual and results in an injury to somebody else.

Elements of negligence include:

  • Duty of care —The legal duty the defendant owes you. For instance, a driver should not drive in any way that might injure other road users.
  • Breach of care —You should establish that the defendant breached the duty of care. A violation of traffic laws is an excellent example of a breach of care in an auto accident when the driver runs a red light, drives under the influence of alcohol, or speeds.
  • Causation —The defendant’s breach caused your injuries.
  • Damages — Once the issue of liability is addressed, the next element is determining damages. Damages are the amount of money that could compensate for injuries and losses suffered due to negligent conduct. The amount and type of damages awarded depend on your injuries, how your claim is settled, and the circumstances surrounding your case. Typical damages awarded include future and current medical expenses, lost income, lost earning capacity, household services expenses, loss of consortium, loss of life enjoyment, mental anguish, and pain and suffering. These damages need evidence such as medical records from a doctor, school records, and payslips.

Typically, the duty of due care is easily determined in car accidents. All motorists know the necessary degree of care while operating their vehicle, including complying with traffic signs and signals and focusing on the road.

However, the duty of due care varies in other cases like:

  • Medical malpractice — A medical practitioner should offer medical treatment with the degree of care and skills that a seasoned doctor would offer under similar conditions. It’s measured by practice in the specialty and current medical standard. Often, medical expert witnesses establish the standard of care.
  • Slip and fall accidents — A premise or business owner is legally obligated to keep their space free from hazards they know or reasonably ought to have been aware of. Additionally, they should act within a reasonable time to correct the risk.

After the duty of care is proven, it’s your attorney’s responsibility to establish how the defendant breached the duty. It could be something the defendant did or did not do that is different from how a prudent individual in similar circumstances would do.

Proving Liability

Given the importance of establishing a greater level of fault under the pure comparative negligence rule, you should take affirmative steps to strengthen your case. Because the facts in every claim are unique, your experienced attorney could help you find credible evidence that proves the injuries are related to negligence.

Physical Evidence Could Assist Your Case

Liability for your accident could sometimes be shown by a piece of physical proof (something you could touch or see) instead of narration of what took place. A perfect example is a dent in the motor vehicle showing the car was hit, an overhanging branch which blocked an oncoming bicycle’s visibility, or a broken or worn stair that led to your slip and fall accident.

Additionally, physical proof can assist prove the extent and nature of the injuries. For instance, bloodied or torn clothes could dramatically demonstrate a sustained injury, while damage to an automobile can establish the impact’s seriousness.

Physical proof that isn’t photographed or preserved within a few days after the accident could get lost, repaired, destroyed, or modified by weather or time. All physical evidence must be preserved as they were during the accident.

Evidence of the Injuries

Photos of the injuries play a significant role in proving the level of the damages. A picture of a substantial laceration, bruising, or burn can tell the story of your pain.

Moreover, medical records, without a doubt, are essential in proving the amount of compensation you deserve and the level of seriousness of the injuries. The different medical treatments you obtain are also paramount. The defendant will request for the medical record. Therefore, you should visit a physician and follow treatment recommendations, particularly referral to other medical experts. Often, medical bills and injuries form the basis of pain and suffering damages.

Copies of your medical records you should obtain include:

  • X-rays
  • MRI results
  • The physician’s notes about your treatment and diagnosis
  • Records from a psychologist about the emotional and mental effects of your accident
  • Prescriptions
  • A list of your appointment dates
  • Discharge instructions
  • Surgical reports
  • Blood test results

Returning to the Scene of Your Accident

You might go back to the accident scene to find any proof and capture photos of a condition you think might have contributed to or caused your accident. You might be surprised to find something that you did not know when your accident happened but could help explain what occurred (e.g., a malfunctioning traffic light).

Capture images of your accident from various angles. Capturing the view of things before your accident gives you a good picture of the accident scene in mind. If possible, take the images at the same time of the day as the accident took place.

Witness Testimonies

You can also strengthen your case through witness testimonies. Most witnesses were observers at the accident scene or took part in your accident. Sometimes, they can be your loved ones who might tell the courtroom what took place. Whether their testimony is recorded or on paper, it is an essential piece of proof.

Preserving Evidence

After you have the required evidence, you should preserve it. Videos and photos need backup like a flash drive, while physical evidence should be tampered with. Witness statements should be taken promptly and with a person to assist with recalling memories.

Police Report

If the police came to the accident scene, they drafted a police report. The report offers an objective opinion about what occurred. After leaving the accident scene, you could reach the responsible law enforcement agency and request a copy.

Photos Could be Instrumental

If you don’t have a piece of physical proof or can’t preserve it, the best alternative is taking a photo of it with your camera or smartphone.

Take as many pictures as you can from various angles. That way, you can pick out the ones that clearly show what you want to highlight to the insurer. You might also want to shoot videos.

Ensure you take the photo immediately so that they can represent the evidence’s condition after your accident. Process or print out the photographs and ensure the date is indicated on your receipt or the print’s back.

Find Jacksonville Injury Lawyer Near Me

If you have been involved in an accident caused by another person’s negligence, and it resulted in injuries, you might be entitled to receive compensation. An experienced attorney could help you pursue damages even if you partially caused or contributed to your injuries. The legal team at Jacksonville Personal Injury Attorney will help you know your constitutional rights and prove liability. Call us now at 904-800-7557 to schedule your initial consultation.