FAQs About Liability in Personal Injury Cases
A personal injury case arises when a person suffers a severe injury due to the fault of another person. When you file a personal injury case, you must establish liability in order to recover compensation. Understanding liability in personal injury cases can be complex. Below, we answer some of the most frequently asked questions about liability in personal injury cases.
- What is liability in a personal injury case?
In a personal injury case, liability is the legal responsibility a party has for the harm caused to another party. Liability is based on negligence. Negligence occurs when a party fails to act as another reasonable party would have acted under the same circumstances. In a personal injury case, if a party is found liable, they are required to compensate the harmed party for their losses and damages. This can include both economic and non-economic damages. Economic damages include medical expenses, lost wages, and property damage. Non-economic damages include pain and suffering, mental distress, and loss of enjoyment of life. Depending on the specifics of the case, they may also be required to pay punitive damages. Under Florida law, these damages, which are meant to punish the wrongdoer, are awarded in cases involving intentional misconduct or gross negligence.
- How is liability established in a personal injury case?
Since liability is based on the concept of negligence, establishing liability entails proving the four elements of negligence: duty of care, breach of duty of care, causation, and actual damages. Through investigations and the collection of evidence, law enforcement officers, attorneys, and insurance companies can establish liability.
- Is the liable party required to compensate the other party?
As mentioned already, the party found liable for the accident and resulting injuries is responsible for the damages caused to the other party, including economic and non-economic damages.
- What is contributory negligence?
Contributory negligence is a rule that bars injured parties from recovering compensation if they, too, were even slightly responsible for causing their accident and injuries. However, many states do not follow this rule. In many states, this rule has been replaced by the comparative negligence rule. The only states that still recognize the contributory negligence rule are Virginia, Alabama, Maryland, and North Carolina.
- What is comparative negligence?
Comparative negligence, which is the rule that most states recognize, allows for injured parties to recover compensation even if they are partially to blame for their injuries. However, compensation is reduced based on the percentage of fault. The pure comparative negligence rule allows you to recover compensation even if you are 99% at fault for your injuries. On the other hand, the modified comparative negligence rule only allows recovery of damages if your percentage of fault does not exceed a certain threshold. Under Florida’s modified comparative negligence rule, you cannot recover compensation if you are more than 50% at fault for your injuries.
Contact a Jacksonville Personal Injury Attorney
If you have questions or need help with your personal injury claim, please don’t hesitate to contact our Jacksonville personal injury attorneys at The Pendas Law Firm.
The Pendas Law Firm also represents clients in the Miami, Tampa, Fort Myers, Fort Lauderdale, Bradenton, Daytona Beach, West Palm Beach, Ocala, Orlando, Naples, and Melbourne areas.
