Proving Fault and Negligence in a Personal Injury Suit

Tue, Jun 21, 2011

Personal Injury

There are many things to consider when bringing forth a personal injury suit. One of the most important considerations is how do you prove fault and negligence in the case?

In Florida, negligence laws use the comparative negligence system. This means you need to be ready to prove the amount of fault of the other party in the cause of your personal injury. Comparative negligence also means you need to be ready to defend yourself against any fault the other party claims you might have had in the situation.  Florida is one of the few states which allows for the percentage of fault to range from 1 to 100%. The monetary award you receive depends on the percentage of negligence the court or jury finds the other party to have committed.

You’ll be able to prove the other party was negligent if you can prove they did not do their duty in keeping you from being injured. This duty depends on your type of case. But some examples include:

•           Were they operating the vehicle in a safe and prudent manner?

•           Did they post enough signs providing warning of dangerous conditions?

•           Did they maintain their property properly?

•           Did they explain their product enough?

•           Was their product defective?

•           Did they deceive you about a situation or their product?

•           Were caregivers properly trained?

A key factor in these types of cases is keeping as much documentation and evidence as you can about the event. A personal injury lawyer is key in this stage of development because they will help you collect this information. They will also be able to aid you in further investigation, deposing witnesses, and finding other admissible evidence relevant to the situation. It’s important to hire a personal injury attorney at the earliest stage possible, so you are not scrambling for information at the end. Contact Christopher Smith for more information about your potential personal injury case.

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