Imagine a situation in which you suffer an injury due to the negligence of another individual. While your health and well-being are top priority, it’s also important to learn more about your legal rights and that starts with understanding the many types of negligence that can apply to your Florida personal injury case. Our knowledgeable Daytona Beach injury lawyer at Rick Kolodinsky, P.A. offers an overview on how the different types of negligence can affect your case and compensation.
According to the Cornell Law School Legal Information Institute, negligence is best defined as follows:
“A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but can also consist of omissions when there is some duty to act.”
Specifically, there are four elements of negligence:
To win your personal injury case, you must be able to prove all four elements of negligence. The inability to do so greatly impacts your ability to obtain compensation. We recommend working with a skilled Daytona Beach injury lawyer experienced in proving negligence in Florida cases.
Comparative negligence—also known as comparative fault—is used to assign blame to two or more parties based on the level of negligence regarding the incident.
For example, if you’re injured in a motor vehicle accident, the other party’s insurance company may attempt to assign a percentage of the blame to you. They’ll do this even if it’s clear that you were in no way responsible but your injury attorney can collect the right evidence to prove who was to blame.
Specifically, there are three types of comparative negligence:
Note: Florida is a pure comparative negligence state. So, even if the court finds that you were somewhat responsible for the accident, you can still seek (reduced) damages.
Gross negligence is different from comparative negligence, as this is defined as reckless conduct and/or disregard for the safety of others.
There are many examples of gross negligence, such as those that relate to motor vehicle accidents:
With all of these, the defendant made a conscious decision to violate the law and act in a reckless manner that resulted in your accident and injuries.
In the event of gross negligence, you’re in a better position to seek compensation for “punitive damages”. However, keep in mind that the state of Florida has a cap for punitive damages awards: The most you can receive is 3x compensatory damages or $500,000, whichever is greater.
If you’re injured as the result of another person’s negligence, it’s time to turn your attention to the details above to obtain all the compensation you deserve.
Winning your Florida injury case is dependent on a variety of factors, including but not always limited to:
Rick Kolodinsky, P.A. offers 40+ years of experience representing injured accident victims across Florida. Our experienced Daytona Beach personal injury lawyer can help you pursue maximum compensation by proving any type of negligence. We’ll handle the personal injury process for you from start to finish and ensure that you have the right evidence to support your case. If you were injured in an accident in Florida, contact us online or give us a call to schedule a free consultation today.
Mr. Kolodinsky has been honored by his induction into this prestigious nationwide organization of trial lawyers. Of some 900 lawyers in Volusia Country there are four lawyers so honored.
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