You’ve been in an accident, and you’ve been seriously hurt. You have bills to pay, you’ve lost income and you’re not sure when you’ll return to full health. You know you deserve compensation for all you’ve suffered. But the question is, “Can you prove your case?” Being harmed is not reason enough to collect damages. You must prove by a preponderance of the evidence that someone else was responsible for your harm. That’s where Largey Law comes in. Our hardworking vehicle accident attorneys have more than 25 years of combined experience proving complex injury cases. We investigate thoroughly, assemble the necessary evidence, consult qualified experts, and determine liability after a Mount Dora car accident.
Elements of Liability in Injury and Car Accident Cases
Depending on the facts of your case, proving liability in court can be a snap or it can require long hours of investigation and consultation with various experts. The court requires a plaintiff to prove these elements before it assigns liability to a defendant:
- Duty — The defendant must have a legally recognized obligation to act carefully. This duty can stem from a relationship with you (e.g. your healthcare provider) or regulations that cover a particular activity (e.g. driving on public roads).
- Breach — A plaintiff must prove that the defendant violated the duty to be careful by acting negligently, recklessly or deliberately without the level of care the activity demands.
- Cause — A plaintiff must prove that the defendant’s failure to act with care caused an event that resulted in injury. Causation can be obvious or, as in cases of medical malpractice, difficult to ascertain.
- Proximate cause — The law requires that an injury be a reasonably foreseeable result of the negligent behavior. For example, it is foreseeable that if a motorist runs a red light, a collision will result. It is not foreseeable that if a barber gives a bad haircut, the customer will have a heart attack and suffer brain damage. In the latter example, a court would likely rule that an underlying health issue was the proximate cause of the heart attack.
- Damages — In a personal injury case, a plaintiff must demonstrate actual physical harm. Although emotional distress can be part of the damages, it cannot be the sole basis for a claim. The plaintiff must present a detailed account of monetary losses, physical harm and emotional suffering that resulted from the accident.
Establishing all of this can be a lengthy and challenging process, but a skilled Mount Dora attorney could fight to prove that a defendant is definitely liable for a traumatic car accident.
How Contributory Fault Affects Responsibility
Contributory fault is another factor that influences how much a case is worth. Florida law recognizes that there are situations where two or more people share responsibility for an accident. Under the state’s contributory negligence law, a plaintiff who shares some of the blame has his recovery reduced by whatever percentage of the blame the court assigns. Under this system, a plaintiff who bears 20 percent of the fault for a car accident that caused $100,000 in losses forfeits 20 percent of the damages and can only recover $80,000 from the defendant. As you can imagine, defense lawyers try to use this law to reduce as much of their client’s liability as possible. However, a Mount Dora lawyer could protect your interests and guard you against accusations of contributory negligence.
Call an Attorney about Determining Liability After a Mount Dora Car Accident
No matter how badly you’re hurt, you won’t be compensated unless you can prove liability. The knowledgeable and experienced attorneys at Largey Law have recovered millions of dollars in damages for injured drivers and are ready to work for you. Determining liability after a Mount Dora car accident can be challenging alone, so do not hesitate to reach out and get started. Se habla Español.