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How does an accident victim prove that a driver was negligent in Coconut Creek?

Coconut Creek, FL – When someone is injured in a motor vehicle crash, they will want to file an insurance claim and bring a lawsuit if necessary. If a lawsuit is filed, the victim needs to prove that the defendant driver was negligent, which was the cause of their injuries. Negligence has a specific legal definition in Florida, and there are certain things that the victim can do to prove all of the elements. An attorney who focuses on car accidents and personal injury law can give more specific advice about how negligence cases work. 

Meeting the elements of negligence

All negligence lawsuits need to prove a few basic elements, otherwise the victim cannot collect any money. These include a relevant standard of care on the roads, a breach of that standard of care, causation of the accident and losses, and damages. If any of the required elements are missing, the defendant will win the case. The elements are normally shown through evidence that show some kind of careless or reckless behavior on the roads in the moments leading up to the accident. 

Comparative negligence laws

Florida also has other important nuances present in the state’s negligence laws. Even when the victim is partially at fault for their own injuries, they can still bring a lawsuit and collect damages. This is because of the doctrine of comparative negligence, this means that all of the fault for an accident can be divided between everyone involved to equal one hundred percent. If the plaintiff is found to be partially at fault for their own injuries, they will only lose a percentage of compensation that is comparable to their amount of fault. 

Payments to victims

Most accident cases will end with a settlement. This is because the client will often end up paying additional legal fees and other costs if a trial is necessary. The victim can ask for various kinds of costs, including their medical and hospital bills, lost income and wages, and costs of property repairs. There is also the possibility of receiving non-economic compensation related to pain, suffering, and other quality of life issues. As a general rule, those who were seriously hurt or involved in a life changing accident will be compensated a much larger sum than those who had only minor or moderate injuries. 

Scheduling a consultation with an injury lawyer

There are lawyers in the Coconut Creek area who can assist with negligence cases and other aspects of car accident lawsuits. Anyone who needs to meet with a local attorney can contact The Law Offices of Jeffrey A. Rosenberg. 

Firm contact info:

The Law Offices of Jeffrey A. Rosenberg

5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487

561-508-8800

rosenberginjurylaw.com

 

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