subject: Understanding Negligence in Injury Cases [print this page] Understanding Negligence in Injury Cases
In most accident cases reported, one or more person's negligence forms the basis of the incident. When the victim of such an incident files a lawsuit against the responsible entities, the theory of negligence comes into play. What are the elements in such a case? How do you know who is responsible? How do you establish negligence?
To get answers to these questions, you need to consult an accident attorney specializing in such cases. Let's analyze the elements that come into play in these cases.
Proximate Cause: Only if the victim, i.e. the plaintiff, can establish that another's negligent action was a proximate cause' for his/her injury, damage recovery is possible. The negligent conduct of the responsible entity, i.e. the defendant, must have a direct connection to the injury.
Reasonable Care: Any action is deemed negligent only when there is a breach of reasonable care the standard of care that any other reasonable person would use in similar circumstances. This standard differs only when the responsible entity is a minor (there is no question of negligence if it is a minor below the age of 7 years).
Negligence: There are four typical tenets in this
1) there was a reasonable duty to care
2) there was a breach to this duty
3) there was injuries to another
4) there was a causation relation between the breach and the injuries
Various legal directives of Florida are applicable in all Miami accident cases. It is essential to get a good Miami accident attorney to work on the case and establish negligence and liability.
Here are the three statutes that may affect these lawsuits.
Gross Negligence where an entity's action, or failure to act, is reckless enough that it shows a lack of concern for anyone else.
Comparative Negligence if more than one entity's conduct is responsible for the incident, the victim may sue all. However, each of these entities pays only a percentage of the damages according to their degree of responsibility.
Contributory Negligence Florida laws state that if the plaintiff is partly responsible for the incident, the damage recovery decreases according to his/her degree of responsibility.
If you think that your injuries were a responsibility of another, you need to find a Miami injury law firm immediately. The legal practitioners working there would be able to work on the case to assess negligence and get adequate damage recovery. Their awareness of the laws and the way these affect your case is a requisite for this.
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