Determining fault in a personal injury case in Naples, FL, requires thoroughly investigating the accident and evaluating evidence. You must prove negligence to hold the other party liable for your damages.
A Naples personal injury lawyer will gather evidence to support your claim and fight to reduce the percentage of fault attributed to you to maximize your settlement. They will also work to prove liability so you can hold the correct party accountable.
What Is Necessary To Determine Fault In A Naples Personal Injury Case?
Assessing fault in a personal injury case is crucial to determining the compensation you can recover for damages you suffer in an accident. An investigation and evaluation of evidence are necessary steps in determining fault for any accident. Types of evidence you or a personal injury attorney can gather include:
- Police reports
- Video surveillance
- Traffic camera footage
- Photographs
- Inspection logs
- Maintenance records
- Safety inspections
- Witness statements
- Expert opinions
- Driver logs
- Medical records
- Cargo manifests
Another key to determining fault is proving that your injuries resulted from someone else’s negligence. The four elements of proving negligence include:
- Duty of care: You must establish the other party had to reasonably provide for your safety, such as obeying traffic laws or cleaning up a known hazard.
- Breach of duty: You must prove the other party did not exercise their duty of care, thereby breaching it.
- Causation: You must show the other party’s breach led to the accident and your injuries.
- Damages: You must establish the injuries and financial damages resulting from the incident.
What If You Are Partially At Fault For An Accident?
You can still receive compensation if you are partially at fault for an accident. Florida is a comparative fault state, so if a jury finds you 30 percent at fault, you will only recover 70 percent of the compensation the court awards you. However, you may not recover any compensation if you are found to be 51 percent or more at fault.
Personal injury cases can become complicated. Only an investigation and evaluation of the evidence can ascertain who is at fault for an accident and your percentage of fault.
How Can A Naples Personal Injury Lawyer Help You Determine Fault?
A personal injury lawyer can help you determine fault by investigating the accident and gathering evidence to support your claim. A lawyer can also maximize your settlement by negotiating with the insurance company on your behalf and fighting to reduce your percentage of fault.
If you choose a Naples personal injury lawyer from our firm to represent you, we provide responsive legal help to serve your needs, including:
- No attorney fees unless we win your case.
- Scheduling appointments for you.
- Help to access medical treatment.
- Assistance with arranging transportation.
- Coming to your location if you are bedridden.
- Providing your lawyer’s cell phone number.
- Frequent case updates.
- Talking to the insurance adjuster for you.
- Help repairing or replacing your vehicle.
- Representing you in court.
Your lawyer will carry the burden of your legal case so you can focus on healing. We do the fighting, so you don’t have to.
What Types Of Damages Can You Recover In A Naples Personal Injury Case?
You can recover the following damages in a personal injury case:
- Economic damages: Medical costs, lost income and benefits, child care, property repair and replacement, household services, transportation, physical therapy, home modifications, and counseling services.
- Noneconomic damages: Pain and suffering, disfigurement, loss of enjoyment of life, mental anguish, lost companionship, emotional distress, and physical and intellectual disabilities.
- Wrongful death damages: Funeral expenses, mental pain and suffering, lost income, and medical bills. A Naples wrongful death lawyer can help you get justice for your loved one and protect your family’s future.
- Punitive damages: The court may award punitive damages to punish reckless and negligent behavior. A cap exists on punitive damages—either $500,000 or three times the compensatory damages, whichever is greater.
What Can You Do To Reduce Your Percentage Of Fault In A Naples Personal Injury Case?
You should take the following steps to reduce your percentage of fault:
- Do not admit guilt: Avoid making statements to the police, the other party, or the insurance company that they could interpret as an admission of liability. For example, don’t apologize for the accident. Only provide factual information.
- Gather evidence: You can request a copy of the police report, collect contact information from witnesses, and take photographs of the scene.
- Don’t delay medical treatment: Waiting to see a doctor can negatively affect your personal injury case. It also puts your health at risk because some symptoms of severe injury may not present right away. Your physician can treat and document your injuries.
- Contest the assessment of fault: You can dispute the percentage that the insurance adjuster assigns to you.
- Consult a lawyer: An attorney can provide legal options and fight for a reduction of your percentage of fault.
Is There A Time Limit To File A Personal Injury Lawsuit?
You only have two years to file a personal injury or wrongful death lawsuit in Naples, according to Florida Statutes § 95.11.
If you don’t file a lawsuit before the deadline expires, you could lose the ability to bring your case to trial. However, it’s possible to obtain an extension of the statute of limitations under certain circumstances, per Florida Statutes § 95.051.
Learn More About How To Determine Fault In A Naples Personal Injury Case Today
Only an investigation and evaluation of evidence can determine fault in a personal injury case. Still, a Naples personal injury lawyer can fight to reduce your percentage of fault so you can recover the compensation you deserve.
To learn more about determining fault in Naples personal injury cases, please contact the Law Offices of Anidjar & Levine today for your free consultation.
