Physical and mental damages incurred from personal injury cases can change the victim’s life. If you sustain injuries in an accident due to someone else’s negligence, it is indeed an unfortunate occurrence. In a state like Florida when one is injured in an accident due to someone else’s negligence, the victim is entitled with a compensation. In any personal injury case, one of the most important questions that comes to mind is: who is at fault?
Proving who is at fault is the critical matter, as once the liability is established, the alleged party is responsible for paying compensation to the victim. Whether the settlement comes through negotiation or court order, compensation is a must. Therefore, it is vital to prove who is at fault. In this blog, let’s have an insight into how to determine the liability and who is at fault in an accident.
Who Makes the Liability Determination?
Who determines the fault in a personal injury claim depends on the scenario of the accident. When a personal injury attorney represents you, the legal expert investigates the accident case, finds out the at-fault parties, makes the final determination, and represents the victim’s party to the court.
Alleged parties with the liability claim might come up with liability insurance, leaving the burden of the compensation to the insurance company. Then, the companies conduct their investigation and make the final decision.
If the parties don’t admit the fault, you and your attorney can decide to file a personal injury lawsuit to determine who is at fault. In case the victim has been involved in a car crash, s/he is entitled to compensation from the negligent party in Orlando, Florida. The Orlando car accident attorneys at Louis Berk Lawfirm are ready to help you with their years of experience and expertise.
What is Negligence?
Negligence is the legal term that refers to careless behavior that directly contributes to the accident. A person or party is considered negligent when the person or party needed to act carefully, but failed to do so, or did something in spite of being aware of the potential consequences. In personal injury accident cases, one party is always responsible for another person’s injuries. If a person behaves negligently and that causes you harm, you are entitled to receive compensation. In Florida, the personal injury victim has the right to secure compensation for the injuries and damages sustained.
Negligence – Primary Reasons to Prove Fault
The majority of the personal injury claims come to the front due to someone else’s fault. Negligence can be proven when a person fails to meet the responsibilities expected from a reasonable being and when the accident causes severe injury to the victim. The legal elements that come under personal injury negligence –
Duty comes with responsibility. For example, a car driver must abide by the duty of ‘care’ towards the other drivers on the road.
When an individual or a party fails to meet the legal responsibility they should have met, the breach occurs. If you can prove the breach of responsibility from the defendant’s end, it will boost your claim.
The damages must be directly associated with the personal injury accident. The damages include medical costs, pain and suffering, emotional distress, loss of consortium, loss of income, loss of enjoyment, mental trauma, and housekeeping costs, amongst others.
Other Methods of Proving Fault
Not all the injury claims involve similar negligence. In other cases, the plaintiff can prove the defendant’s fault in different ways, which include
1. Establishing wrong intent
2. Proving the negligence
3. The “strict liability” standard of proof should govern the case
Intentional conduct is done at one’s will and with a substantial certainty of the consequences. Personal injury cases resulting from assault can lead to an intentional personal injury mishap. For instance, when the truck driver drives recklessly, it most likely results in an accident. In such accident cases, Orlando truck accident attorneys at Louis Berk Lawfirm are by your side to guide you the right way. Possession of wild animals and dangerous activities are also involved when it comes to proving one’s fault.
How to Prove Who’s at Fault in An Accident?
You may make your case to an insurance company, not to the court. In that case, you don’t need legally appropriate ‘proof’ of the accident. You can informally negotiate with the insurance company via an insurance adjuster. It is only to make a statement that another party was at fault. For instance, in a car accident, you don’t need to show real-life evidence or the precise angle of the collision. Just say that the other driver hit you from behind.
If you make an argument about why the other person was at fault, the adjuster would realize that if the matter reaches court, the insured person may turn out to be legally responsible. The insurance companies prefer to pay a reasonable claim settlement offer rather than facing a personal injury lawsuit in the civil court system.
In car accident cases, Orlando car accident attorneys and insurers investigate all the details and circumstances of an injury claim to make an informed decision. The investigation process involves evidence collection and interviews with witnesses and other parties. Common evidence used to prove one’s liability includes police reports, witnesses’ and parties’ statements, and records and documents.
Compensation Claim for the Losses Sustained
The more severe the injuries, the higher the compensation. If you or anyone you love has been injured in a personal injury accident due to someone else’s fault, the person is entitled to compensation for the losses incurred. Connect with seasoned personal injury attorneys who handle your case with much care and expertise and ensure you receive maximum compensation from the alleged party. But, in order to secure compensation, the negligence of an individual or party must be held responsible for the accident. The personal injury lawyers in Louis Berk Lawfirm help the victim’s party navigate the case and receive fair compensation.
Contact Louis Berk Law
If you or anyone you know has sustained injuries from a tragic accident, come and seek sharp legal assistance soon. At Louis Berk Law, our attorneys well understand Florida Law and thereby guide you to seek and claim fair compensation for your losses on an immediate basis. Be it a car, truck, pedestrian, slip and fall, workplace, wrongful death, or other personal injury cases, consult us. Our attorneys serve on a contingency basis.