Understanding, evaluating and proving negligence

by admin on October 11, 2010

Why would you need a lawyer if you suffer injuries? This is necessary only if the injury was because of someone’s negligence. In such cases, a personal injury lawyer can get you damage recovery for all that you, and your family, endure. However, US state laws vary greatly in this regard.

You need to get in touch with a lawyer who has in-depth knowledge of Florida personal injury laws. Here are answers to the common questions pertaining to such legal issues in your state.

How do you understand negligence? Negligence implies that someone had a duty to care towards you and there was negligence in this duty. Suppose you suffer injuries in an auto accident in Orange County. Suppose you were crossing the road and a drunk driver hits you. The driver had a duty to take care while operating a vehicle, which he flouted. Therefore, it was an instance of negligence.

How do you assess negligence? This is quite difficult without adequate legal knowledge. Reconstruction of the incident and accumulation of evidence is the first step. This is the task of specialized individuals. They would get the details of the incident from witnesses, examine police and emergency service reports, analyze the condition of the driver, and get all the details of the incident to assess the percentage of responsibility of each party.

Note: If the victim was negligent as well, as per Florida’s comparative negligence rule, the compensation amount diminishes according to his/her percentage of negligence. This implies that if you were crossing the road while talking on your mobile, you were negligent as well. In such a situation, you may only get a lesser amount as compensation.

How do you prove negligence? This, again, is the task of the Orange County personal injury lawyer. He/she requires proving three basic points – there was a duty to care on the part of the defendant, there was negligence in this duty and this was the cause of suffering for another. The establishment of the cause and effect relation between the negligence and the injuries is what you need to prove at a court of law.

However, just understanding, assessing and proving negligence is not the task of your lawyer. Apart from this, the personal injury lawyer also requires calculating the right amount to claim for damage recovery. He/she also has the responsibility to negotiate the claim and, if necessary, fight it out at a trial.

About the Author:
Daniel Williams, a regular contributor to legal journals, analyzes the need for legal aid and assistance when you face troublesome situations, like suffering serious injuries because of someone’s negligence. If you want to talk to an Orange County Personal Injury Lawyer, she suggests you visit http://www.productslaw.net/.
Find Orlando Lawyers specializing in the different fields of US law. This directory offers individuals and organizations an easy opportunity to find a competent lawyer or law firm in your vicinity.
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