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Accident Victims in Riverview Should Know These Important Points About Negligence

— October 6, 2022

Not all accident cases are as simple as one party being totally at fault and the victim having no fault at all.

Riverview, FL – The legal process is meant to provide compensation for those who have been injured in an accident through someone else’s fault. However, before money will be paid out to the victim, they must show that the person or business responsible for their injuries was actually at fault and negligent in some manner. Negligence is a very important concept, as most civil lawsuits related to accidents and injuries are filed as negligence cases. 

More information about lawsuits for compensation can be obtained from attorneys near me who focus on these cases. 

The definition of negligence and elements

In a general sense, a party is considered to be negligent if there was some kind of deviation from the required standard of care that results in injuries to others. This standard of care is based on what a reasonable person would have done in the same situation. For example, in car accident cases, the standard of care is based on what a reasonable driver would have done such as obeying all traffic laws that were applicable at the time. The four elements required for a plaintiff to show that the defendant was negligent include a relevant duty of care, a deviation from that duty of care, causation, and damages or losses sustained during the incident. 

Comparative negligence

Emergency room sign; image by Pixabay, via
Emergency room sign; image by Pixabay, via

Not all accident cases are as simple as one party being totally at fault and the victim having no fault at all. For this reason, the state of Florida uses a system called comparative negligence. The benefit of this system is that fault in an accident can be divided by everyone involved to equal one hundred percent. If the plaintiff receives any percentage of this fault, it will only reduce their damage award rather than totally prevent them from collecting any compensation. This is in contrast to other negligence systems used throughout the United States where a person who is partially at fault will not be allowed to collect any compensation at all. 

Damages can vary greatly based on the injuries and other losses

Damages are probably the most significant aspect of a negligence lawsuit, as this represents the plaintiff’s amount of compensation. Victims can receive compensation for things like medical treatment and financial losses due to not being able to work. These amounts tend to be much larger if the person was seriously hurt or disabled, while cases with less severe injuries will generally not allow the person to collect as much money.

Legal advice after an accident in Florida

There are local accident attorneys available in the Riverview area to assist with the process to bring a lawsuit. The Law Office of Edward J. Reyes is a firm that helps people with receiving sufficient compensation for their injuries.

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