A personal injury can result from many different types of incidents. A dog bite, slip, and fall, medical malpractice, product malfunction, or automobile accident can result in serious and sometimes permanent injuries. Because of the complexity of the laws surrounding personal injuries, seeking legal representation may be beneficial.
A dedicated personal injury attorney can help by gathering enough evidence to meet the standard burden of proof, explaining the system used in Florida to assess fault, and review incurred and implied damages that can be considered for compensation. Reach out to a Bradenton personal injury lawyer to schedule a consultation today.
Evidence in Personal Injury Claims
A trier of fact may hear evidence from all parties to an incident before making any determination as to who was at fault for the injury. However, it may be important to note that evidence showing admission to a hospital visit may not be used to prove fault per Fla. Stat. § 90.409.
Testimony from eyewitnesses and other parties involved may be offered to demonstrate fault for the incident and if there is not enough testimony available, a Bradenton personal injury lawyer may choose to retain an accident reconstructionist to help prove fault.
Fault and Comparative Fault
Part of the process of obtaining compensation is proving the at-fault party was negligent. Fault in Florida is allocated on a percentage system where each party involved in the incident is awarded a percentage of fault to reach a total of 100 percent. The percentage system assigns fault to all parties involved including, where applicable, the injured party.
For example, if an injured party was 20 percent at fault in contributing to the incident, they could still receive compensation in Florida under Fla. Stat. § 768.81. However, that compensation may be proportional to their percentage of fault.
After proving negligence, a trier of fact may award damages. Damages are intended to compensate an injured party for their economic losses. These losses may include hospital expenses, medical bills, and prescription costs. It also may include past and future lost income and any other type of expenditure that is related to the injury per Fla. Stat. § 768.81. The injured party may also be able to recover non-economic losses such as pain and suffering and mental anguish.
Besides compensatory damages, a trier of fact may award punitive damages, but only if the at-fault party’s actions constituted intentional misconduct or gross negligence per Fla. Stat. § 768.72. A Bradenton personal injury lawyer could discuss the differences in compensatory and punitive damages and offer counsel on obtaining the best possible outcome for a particular incident.
Contacting a Bradenton Personal Injury Attorney
If you or a loved one suffered personal injury in any type of incident, there may be an avenue to pursue financial compensation for those injuries. Whether you suffered the injury at the hands of a physician, on another’s property, or even as the result of a dog bite, a Bradenton personal injury lawyer can gather evidence to prove fault, preserve proof of damages, and apply for all available compensatory damages for you or your loved one’s given situation.