Comparative Negligence: Proving Fault In Your Naples Personal Injury Claim
Personal injuries in Naples can have devastating impacts on your life. They can result in constant pain and may require ongoing medical care, while leaving you unable to work or engage in your usual activities. When others are at fault, you have the right to hold them liable for your losses. Our Naples personal injury lawyer explains the legal concept of comparative negligence and how to prove the other party was at fault in a claim.
Comparative Negligence Impacts Your Rights To Compensation For Personal Injuries In Naples
Negligence on the part of others is often to blame when personal injuries in Naples happen. Failure to maintain property, resulting in falls, getting struck by objects or other mishaps, and dangerous driving behavior that results in car accidents are among the most common causes.
Negligence is a legal term that means someone either took reckless actions that put you at risk or failed to take standard safety precautions to prevent personal injuries from happening. Under the Florida Statutes, you have the right to hold them liable in a claim. However, the amount you may be entitled can be reduced due to any percent of which you were found at fault.
Florida follows the legal theory of comparative negligence, which parcels out liability when personal injuries occur. For example:
- You are injured due to a slip and fall and your medical bills, lost wages, and other costs total $100,000;
- The other party is at fault, but you are determined to be 30 percent to blame;
- You may be entitled to $70,000 in a claim, which represents your total losses minus the percentage you were at fault.
Proving The Other Party Was At Fault
In the above example, 30 percent may not seem like a drastic reduction. However, reductions in any amount could leave you paying out of pocket for certain costs. With insurers, even a small portion of liability on your part is likely to result in a denial of your claim. The best way to get the maximum compensation you need to recover from personal injuries in Naples is often to file a lawsuit through the Collier County Civil Court.
This is where comparative fault may come into play. Evidence that can help in proving the other party is 100 percent responsible includes:
- Copies of accident reports detailing exactly how your injuries happened;
- Photos or videos you took at the scene;
- Statements from those involved and any witnesses at the scene;
- Medical records showing the severity of your injuries and how they likely happened;
- Testimony from accident reconstruction specialists and other experts;
- Social media posts the at fault party made, admitting they were at fault.
Contact Our Naples Personal Injury Lawyers To Discuss Your Case
When there are personal injuries in Naples, Cardinal Law Firm helps you get the compensation you are entitled to. For caring, comprehensive legal representation in filing a claim, contact our Naples personal injury lawyer and request a consultation today.