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How To Prove Fault In A Personal Injury Case

The most important thing in any personal injury case is proving liability, or fault. Fault hinges on which party is said to be negligent in their actions and not abiding by the standard of care that is expected of them. However, before compensation can be recovered from the negligent party, it must be proven that they were legally at fault for their actions. In order to show that someone else was responsible for your actions, working with a personal injury lawyer can be an asset to getting to the highest possible compensation you deserve.

Who is liable for an accident?

In personal injury cases, the premise of care is the top priority. One person’s carelessness is usually the cause of a personal injury- the question is discovering which person was less careful than the other. One it is shown that one person’s carelessness led to the injury, that party is considered negligent and is responsible for paying at least some of the damages suffered by the injured parties.

Legal liability follows these rules:

  1. Manufacturers and sellers can be held accountable for defective products that harm another people.
  2. Compensation can be reduced if the injured party was also responsible for their actions.
  3. Someone that was not where they were supposed or performing an activity they should not have been, the person who caused the accident may not be liable.
  4. Employers can be responsible for injuries their employees cause while on the job.
  5. Poorly maintained property is a liability for the owner of the property, regardless of whether they are responsible for creating the dangerous situation.

If, for some reason, the court determines that you are partly responsible for your injuries, this does not mean you cannot obtain compensation! If anyone else was even partly liable for causing you harm, then the percentage of harm that they caused you corresponds to the amount of damages they are responsible for. For example, if the damages for your case total $100,000 and you are found to be 35% responsible for the actions, the other party owes you $65,000.

Retain Tampa Personal Injury Lawyers You Can Trust

Being harmed means that you need a detailed and comprehensive Tampa personal injury attorney that will be able to gather all of the evidence needed to prove that your injury was not your own fault and hold all responsible parties liable for their actions! Holding negligent parties accountable works to cover the expenses you incurred as a result of their actions and ensure that others are not similarly harmed. Call Smith & Stallworth, Attorneys at Law today! With nearly two decades of legal experience, our firm has handled cases just like yours and knows the steps to take to recover your highest possible compensation amounts.

Categories: Personal Injury

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