Guest blog by Miami Personal Injury Lawyer Percy Martinez
What is Negligence?
Negligence in an Injury Accident. In legal manifestations, the term Negligence signifies the irresponsible behavior from someone, which leads to an accident or causes significant disturbance for others. For instance, if someone doesn’t stop at the red signal and hits another car, coming from the other side of the intersection, then the former is being negligent.
A person is considered negligent when he/she fails to fulfill the duty assigned to them. Negligence occurs when someone doesn’t behave rational, as it leads to problems for oneself and others as well. For example, if someone wears sunglasses at night and drive his vehicle then his chances of hitting others will increase many folds. In such circumstance, the one wearing the sunglasses at night is considered to be negligent.
Accidents are mostly caused due to the negligence of one of the two parties, getting affected by them. If you’re injured, financially harmed, or psychologically threatened in an accident then you have the right to go the court and file for compensations, for the losses you have borne.
Negligence in an Injury Accident
How can I prove other party’s negligence in the case of an accident?
In the general situations, you will not be engaging directly with the court but with the adjusters; the representatives of the insurance companies. An adjuster will reach you through emails and phone calls, most of the time. When you engage with one, you need to present your case by making reasonable arguments, so that you can obtain as much compensation, as possible.
With simple arguments, you can get compensated. For instance, you don’t need to provide the adjuster with measurements of tire marks to prove your case. You can only explain the situation to them and convince them using standard rules that you were going right and that the other party was at fault. Insurance companies prefer to pay money through arbitration rather than going to court because the chances are that court will charge the person with an insurance claim for the accident. So, to avoid the court fees and attorney fees, the companies like to give an optimum sum of money outside the court.
Will I be compensated if I’m partly responsible for the accident?
The simplest answer to this question is a ‘Yes.’ Even if you have been wrong in the whole scenario, you can still get compensated up to a certain percentage. After calculating all the medical bills and money against psychological traumas, companies deduct from the total sum depending upon your negligence. Percentage fault is calculated, and money is subtracted from the total amount which is due you. This is called comparative negligence. However, in some states, you are not entitled to any sorts of compensations if a slight negligence is observed at your end. This is called contributory negligence. There aren’t any straightforward formulas to calculate the percentage of your negligence. During negotiations, both you and the adjuster will come up with certain interests and the arguments to justify them. Then, after proper negotiations, both you and the adjuster will agree on an optimum rate, which will be suitable for both the parties.
Do my physical impairments affect my compensation claim in case of an accident?
Physical disabilities aren’t much relevant in accident cases. Say, if your eyesight is weak and you meet a vehicle accident at the highway during night, then you’re still entitled to get compensated for the accident. Similarly, if you have a bad knee and you slip off broken stairs, while an average person wouldn’t, then you will be able to get money for compensations.
The law determines that everyone, regardless of any physical impairments and limits, is eligible to get compensated if wronged by someone else’s negligence. People with physical disabilities have a right to get along with the world without inherent danger. Property owners and occupants mustn’t create any un-requisite dangers for those who are expected to be at the property. Similarly, the drivers mustn’t create situations where other people on the road are put into significant dangers.
Seek professional help from a personal injury lawyer
To learn more about the negligence in an accident, seek the services of a professional attorney. You can discuss your case and find out about the options you have, in the event of an accident. The author and lawyer Percy Martinez practices in the state of Florida he is a Miami Accident Lawyer.
Negligence in an Injury Accident