You may be wondering about negligence cases if you’re struggling to pull it together after an accident. You may be aware that an experienced attorney can help you reclaim your rights after such a situation. You may have heard terms like personal injury and compensation, but are not aware of what should be done.
Negligence occurs when one party does something without considering the safety and welfare of another party, and, consequently, someone gets hurt. The Bureau of Justice reports that more than 16,000 personal injury cases were tried in 2005. Fast forward a little over a decade later, and the average number of annual claims is more than 500,000.
Negligence is the key factor in a personal injury case, but such a case includes other important elements you should be aware of. The following are 10 of the essential items included in your file. They can help you to understand the unique dynamic of your accident.
This refers to the defendant’s level of responsibility. Your attorney will have to prove that the accused was the one to cause your accident. He will also have to show that the defendant could have prevented the unfortunate situation because he or she had the ability to foresee a catastrophe. For example, a person who decides to drive drunk knows that there is a potential risk of a car crash.
It refers to your relationship with the defendant, and the assignment of responsibility based on it. For example, a store would be reasonably obligated to protect your welfare while you are shopping in their store, but the court may not hold the store liable for damages you encounter if you are in the midst of vandalizing the store.
The consultation is the first meeting that you will have with an attorney. Typically, meetings last between 30 and 60 minutes. You will explain the events surrounding your accident. The attorney will then assess the validity and the potential of the case. He or she may offer to represent you, and you will be able to discuss all the details further.
Evidence and Documentation
You will have to prove several things when you go to the consultation with the attorney. First, you will have to demonstrate that you were injured. Secondly, you will have to prove that someone else caused your injury by way of neglect. That requires the submission of evidence such as witness statements, police reports, video files, pictures and like evidence. It will all be used to prove the validity of the case.
Percentage of Fault
The percentage of fault is something that the judge will consider if he or she determines that you should receive a settlement. In Florida, the percentage of fault is called comparative negligence. That term has to do with the percentage of fault that you have in an incident.
The other party could argue and say that you are partially guilty for the accident. If the judge finds that you can be partially blamed, he will reduce your settlement by the percentage of guilt he settles. A $100,000 settlement could quickly become a $50,000 settlement if you are half to blame, for example. You must have a strong defense to prevent your solution from being cut.
Tangible Losses (Damages)
Your real losses are all the losses that you can clearly prove with the appropriate documentation. Examples of actual losses are medical bills; medical equipment costs, prescription expenses, auto repairs, lost work wages, and the like. The money you can get to cover these costs is compensatory damage. They are meant to compensate you for all of the visible losses. The judge may order the defendant to pay additional funds if he or she finds that the incident was extra neglectful.
Intangible Losses (Damages)
Intangible losses are losses that are unseen but still valid. They are losses like emotional pain and suffering. The judge might award punitive damages to you if the defendant was unreasonably neglectful in his or her behavior. Drunk driving is an example of the kind of offense that would warrant punitive damages. Punitive damage will only be awarded if the compensatory damages are first granted by the judge. The judge means for them to act as a sense of comfort for the injured party, and to serve as a deterrent for the party that caused the accident.
The severity of your personal injury case determines whether the judge will stand for you or against you on the issuance of punitive damages. He or she considered all case factors and decided whether the defendant acted in a manner that was devoid of compassion or understanding.
The level of severity depends on the unique details of the case. An example of a situation that a judge may deem severe and extra neglectful is one that involves intentional traffic violations. A speeding-related accident, for instance, is one that is likely to receive a little extra consideration from the presiding judge. Severity is liable to qualify the victim for punitive damages.
A proposal is the suggested amount that the lawyer submits. The attorney will request this number after he or she calculates all of your tangible and intangible losses. As mentioned before, this amount may be reduced because of evidence of your partial fault in the matter.
The settlement is the final amount that the defendant will have to pay for your case. You may receive a lump sum distribution. In some situations, the judge allows the defendant to pay in installments over an extended period of many years. Such arrangements are called structured settlements. You can discuss with your attorney whether to request or accept structured settlements. You may be able to argue against them.
Contact a dedicated and experienced attorney and request an immediate consultation. The attorneys at Law Offices of Vastola & Associates. can assist you with all aspects of the case from gathering evidence to presenting the facts in a way that encourages judicial compassion.
The attorney will strive hard to collect compensatory and punitive damages that can help you rebuild your life and sustain yourself for the years ahead. You can schedule an appointment in one of two ways. You can either contact the firm by phone or complete a short online form.
If you have been injured by a negligence case, you are owed compensation for your suffering. Contact Law Offices of Vastola & Associates., to discuss your case. We will help you with assistance and consultancy throughout the entire process. We service clients in Stuart, Jupiter, West Palm Beach, and North Palm Beach, Florida.