Negligence is almost always at the center of personal injury suits. But it is not necessarily a one-size-fits-all affair. The type of negligence you are involved with makes all the difference, and it will be able to skew your suit in stranger-than-fiction ways you likely never anticipated.
“The laws set down the guidelines. The courts and insurance companies, on the other hand, are like referees with a rulebook that determines who is footing the bill,” says Florida personal injury lawyer Michael Hoffman of the Werner, Hoffman, Greig & Garcia law firm.
This guide deconstructs the various types of negligence that you can come across in your day-to-day life, using real-world examples, so keep reading.
Understanding Negligence
Negligence is basically when someone doesn’t act like a sensible person would in a given situation. If you want to sue somebody for negligence, you have to check off four boxes.
First, you need to prove they actually had some responsibility. Then you have to show they failed to live up to that responsibility. Next, you have to make it clear that their failure is what caused the problem in the first place. Finally, real harm needs to exist: actual injuries or damage. Miss any of these elements and your whole case could fall apart.
Florida’s Doctrine of Negligence
Florida adopts the principle of “modified comparative negligence.” Rather than placing the entirety of the harm experienced upon a single individual’s shoulders, courts divide the fault between all the parties based on each party’s responsibility.
Let us say that you wrecked your vehicle, and the verdict of the wreck resulted in you being 30 percent to blame. That means that when your damages are appraised, your amounts will be reduced by 30 percent. If your percentage is greater than 50 percent, your right to receive compensation is lost.
Do not, however, assume that the other party will ignore anything; they will be closely watching your every move in a bid to understand your level of involvement in the mess.
Other State Approaches to Negligence
Various states employ varied negligence schemes, and these may alter the way a personal injury suit turns out. Consider Georgia and Alabama, for instance; these adhere to “contributory negligence.” If you are negligent even by a hair’s breadth, your compensation is lost.
Other states, such as Georgia and Mississippi, employ “pure comparative negligence.” Here, even if you are mostly negligent, say 90 percent, you can sue for the 10 percent harmed. Not a total loss, but you should not expect much.
Everything boils down to what the courts of each state consider to be “fair” when apportioning blame and dividing money.
Negligence vs. Fault
Fault and negligence are generally thrown around like they are interchangeable terms, but they are not. Negligence is simply the making of avoidable blunders or being lax, such as ignoring that broken stair for weeks. Fault is what the jury or the judge assigns to someone after reviewing all the facts.
So you might be negligent by leaving a banana skin on the floor, but if no one slips, you are not to blame. You are usually required to compensate only when your negligence actually injures someone.
Why Lawyers are Important for Negligence Matters
In the majority of cases, you need a lawyer to work through all the details in proving negligence. Lawyers are the professionals responsible for locating the appropriate evidence, questioning witnesses, and crafting a cohesive storyline that enables judges and representatives of insurance companies to understand the entire scenario.
They are aware of all the tricks the opposing side will throw their way and are prepared. If you are hunting for a personal injury lawyer, do not just grab the first person on Google. You want someone who knows Florida tort law like the back of their hand, not someone learning on the job.
Research their background, verify if they have experience handling cases like yours, and meet them in person. It is your life on the line; do not mess around.
Also Read: Maintaining Evidence to Support Your Personal Injury Claim
