Who Has Liability in an Injury Claim?
Establishing liability for an accident may seem easy in certain situations. However, in most cases this is not so. This is why you need a good personal injury lawyer for the task. This is essential more to investigate and analyze which entity/entities were responsible for the accident.
How does a certain circumstance affect liability in an injury case? Here are a few examples of personal injury cases in Florida where a particular condition shifts liability from one party to another.
Only when a duty to care exists on the part of an entity, and there is a failure in this duty leading to the injury, does negligence come into play. Suppose you were crossing the road while the red signal was on and a car hits you. The driver had the duty to care, failed to do this and this caused the injury. In this case, liability is on the driver.
Only the part of the damages that were one’s fault is recoverable from them. Suppose the negligent driver who hit you in the previous instance was trying to avoid another car driving recklessly. As per the comparative negligence of Florida, both these drivers have liability; and they pay according to their degree of fault.
Only the degree of responsibility of another is recoverable. Suppose you were busy talking on the mobile phone while you were crossing the road and did not notice that the signal was green. In such a situation, the contributory negligence may diminish the amount of damage recovery possible according to the degree of your responsibility.
Only when a defect in a product injures an individual, liability for the incident shifts to the manufacturer or seller. Suppose the car that hit you had a faulty brake system. According to the strict liability applicable on defective products, the manufacturer or seller of the car or car parts may be liable for your damages.
Different circumstances bestow liability on different entities. To understand which entity is liable for damages in such a case, you need the consultation of a competent Florida personal injury lawyer. Get in touch with a legal practitioner specializing in injury cases if you think you were not at fault for it.
Not delaying this has another reason too. Florida has a statute of limitations that gives you four years to file a personal injury claim. Moreover, it would also affect the evidence available to support your claim.