After being injured as a result of the carelessness and negligence of another person or entity, you have the right to bring a personal injury claim or lawsuit in order to seek compensation for you injuries and damages. You only have a certain amount of time to do that, especially if a governmental entity caused your injuries.
Proving Your Case
Most Florida personal injury cases are based on the law of negligence. There are certain elements to a negligence case that a personal injury attorney Ponte Vedra must prove. This part of a case can get complicated quickly. Here are those elements:
- The defendant owed the claimant a duty of care.
- There was a breach of that duty.
- The breach of that duty caused the claimant to be injured.
- The claimant suffered legally recognized damages.
A failure to prove any one of the above elements will cause an entire case to collapse.
Comparative Negligence
Insurance defense attorneys will raise many issues in personal injury cases. One of those involves allegations that the claimant was partially at fault for his or her own accident and injuries. That’s known as the law of comparative negligence. For example, in an intersection accident, the defense might allege that the claimant entered the intersection on a yellow light. If a jury finds that the claimant was 25% at fault for an accident, the jury’s award would be reduced proportionately. A $100,000 award would be reduced to $75,000. Sometimes, a jury might even find a defendant not guilty.
Personal injury victims in and around Ponte Vedra must be careful in bringing their claims. Insurance companies will employ many strategies to devalue or defeat a personal injury claim or lawsuit. An injured claimant’s rights and interests are best served by consulting with and retaining an experienced and effective personal injury attorney Ponte Vedra as soon a possible after being injured in an accident. Don’t give an opposing insurance company control of your personal injury case. Give it to your personal injury attorney Ponte Vedra.
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