Assigning fault to the parties involved in a personal injury case is often complicated, as many considerations factor into the final determination. The concept of negligence is at the heart of this process, and an experienced personal injury attorney in Fort Myers, FL, can use available evidence to establish fault and get you the compensation you deserve.
Determining Liability
When attempting to establish fault in a personal injury case, the concept of “negligence” is vitally important in determining the liability of the involved parties. Someone is considered negligent if they fail to use the degree of caution that a reasonable person would exercise under similar circumstances. For example, if a person engages in an activity that wrongfully puts others at an unreasonable risk, that party may assume liability for the injury.
However, in Florida, liability alone isn’t enough to establish fault. One party may be deemed more responsible for the injury than the other, but there are other factors that are considered when determining fault, whether the plaintiff is entitled to receive damages, and how much compensation the plaintiff should receive.
The Concept of Comparative Negligence
Comparative negligence is a legal system that commonly impacts the outcome of personal injury cases by assigning fault for injuries. It apportions fault to the parties involved in a personal injury case. Instead of assigning all the fault to one party or another, it recognizes that often the parties share fault in an injury. Subsequently, the damages awarded should align with the degree of fault assigned to each party.
Florida was previously a “pure comparative negligence” state, meaning plaintiffs could collect damages if they weren’t deemed 100% responsible for the injury. However, in 2023, Florida shifted to a “modified comparative negligence” model. This system limits the amount of damages a plaintiff can recover if their share of the fault exceeds 50%. Even if they are below that threshold, the damages could be reduced by their percentage of fault.
Evidence Used to Establish Fault
The concepts of liability and comparative negligence influence the degree of fault assigned to the parties in a personal injury case, and attorneys rely on evidence to argue for assignment of fault before the judge or jury. The evidence is used to support the narratives promoted by the opposing parties as they attempt to determine liability and the degree of fault assumed.
Several types of evidence are useful in determining liability and negligence. The kinds of evidence used to evaluate fault include accident reports, witness statements and testimony, physical evidence of property damage, medical records related to a claimed injury, expert witness testimony, and video or photographic evidence.
Assigning fault in a personal injury case can be complicated, which is why it’s wise to have an experienced personal injury lawyer on your side to help you understand your rights and the complexity of Florida’s rules on liability and comparative negligence. To learn more about what factors influence the assignment of fault in personal injury cases, contact Goldstein, Buckly, Cechman, Rice, and Purtz (GBC) Law Office in Fort Myers, FL, today.