How Liability Works in Florida Injury Claims
According to Florida’s comparative negligence laws, the court requires a judge, jury, and claims adjusters to look at the negligence of both sides. They have to determine how much each side has played a part in the injuries sustained.
Additionally, Florida’s no-fault statute can create further problems when determining fault in a liability case. Strict liability also comes to play in some instances. Understanding the way liability works can help you in your personal injury case.
Understanding Negligence
According to Florida law, there is a duty of certain people to prevent injuries to other people. Examples of this can include:
- Driving a vehicle
- Walk in a public area or place of business
- Open the doors of a business
- Walking on a public sidewalk
- Owning an animal
Steps have to be taken to prevent injury to others in these areas. This includes using the proper warning signs when areas are harmful or mopping up a spill when it happens. If they fail to do this, they may be held liable for any injuries that occur because of it.
Comparative Negligence
Comparative negligence in Florida means that both parties will be weighed as to who was more at fault. Generally, a personal injury liability case rarely ends with one person being completely responsible.
If the comparative negligence is found to be less than 50 percent of the defendant’s fault, the case is thrown out. However, if it is more than 50 percent, the percentage is then subtracted from the eventual settlement amount.
For example, if the claimant was seeking $1,000,000 of compensation, but the comparison of negligence stated the defendant was only 70 percent at fault, the final settlement amount would be $700,000.
Florida’s No-Fault Rules
There is an exception if the case is covered under the no-fault statute in Florida. This is supposed to simplify car insurance personal injury claims. If the injuries are not catastrophic, the insurance companies are responsible for sorting things out.
Your insurance policy will cover your injuries, and their coverage will cover theirs. No one is held liable for normal injuries sustained during an accident. If serious injuries or death occurred, you may need to speak with a lawyer.
One exception to this is if a catastrophic injury has happened. These injuries have changed the overall quality of life. This will have to be proven, and serious evidence is required to prove the injuries and events that took place.
Florida’s Strict Liability Laws
Strict liability is used in situations where known dangers are. Many professionals are subject to strict liability. This is because they use many known dangers, such as the dangers of being put to sleep as a surgeon or using explosives as a demolition contractor.
The same is true for a dog owner that has a dog that bites someone. Even if the dog had no previous signs of being aggressive, the owners may still be held liable.
Obtain Help From a Florida Liability Lawyer
If you’re ready to present your claim, then finding a law office that understands liability law is essential. With experience in this area, you can expect to have a group of individuals that can work with you and let you know what to expect with your case.
Call The Law Offices of Casey D. Shomo to find out how we can help you in your particular case. Every case is different, and you should have a fair chance at compensation for your injuries and damages. Call today at 561-659-6366 or complete the following online contact form.
