Understanding Liability in a Personal Injury Claim
Personal injury claims may be filed in many different situations. For example, individuals injured in a Florida car accident may be able to file a personal injury claim. If injuries were the result of medical malpractice, a medical malpractice claim can be filed, which is also a type of personal injury claim. Perhaps if a property owner fails to maintain their property so it is safe and someone falls and hurts themselves, then a slip-and-fall claim may be appropriate.
When someone is injured or loses their life due to another person’s negligence, the ability to take legal action and file a claim may be possible. Negligence is the term that is used to describe the failure to behave with a level of care that anyone else in the same situation would reasonably behave. A good example is drunk driving. Any responsible driver knows that it is dangerous and unlawful to drive while intoxicated, so they will not drive if they have had too much to drink. If someone decides to drive drunk and they cause an accident, their actions can be considered negligent.
If you were considering filing a personal injury claim but would like more information about your rights and how to proceed, you are welcome to speak with a Tampa personal injury attorney at Fulgencio Law.
Defining Liability and Why it is Important to Personal Injury Claims
People, businesses, and even the government are expected to act in a way that is reasonable to keep others safe from harm. When this duty of care to others is violated by errors, carelessness, or neglect, then the person or entity that made the mistake can be held accountable for their action or inaction, which led to the injury incident. In other words, the party responsible for causing the injury accident would be considered the liable party.
In some personal injury events, there is more than one party that is deemed liable for the accident. Florida’s comparative negligence laws make it possible that even if you are considered to be somewhat liable for your accident you may still recover compensation, it will just be reduced by the percentage of liability you are determined to have.
To have a case, it is important to determine what parties are liable. In some personal injury events, it can be clear, but in others, it can be complicated. Truck accidents, for instance, can be particularly complex when figuring out who is liable. It is common for several parties to be liable in a truck accident, such as the driver, the trucking company, the company that packed the truck, or the manufacturer of the truck.
Call Fulgencio Law Today
If you want to file a personal injury claim in Florida, understanding liability is essential to success. An experienced attorney trained in tort law can help you with this.
To learn more about filing a personal injury claim in Florida, you are welcome to call Fulgencio Law at (813) 463-0123 to schedule a free consultation with a Tampa personal injury lawyer today.