Proving Fault In A Slip and Fall Case
After a slip and fall accident, you will have a lot that you will need to keep track of – your injuries and recovery, your insurance claim, your missed wages and the impact on your work, and much more. This quickly gets overwhelming no matter how familiar you are with the insurance claims process, which is why working with a personal injury attorney is so highly recommended by anyone familiar with the process (except the insurance companies, who benefit from victims filing their own claims without legal representation).
One of the first steps after any personal injury is determining who is at fault for your accident, and in some cases, this may be more complicated than you would first imagine; however, it is absolutely essential that we establish fault and are able to avoid assume any liability on our side. Sometimes even the clearest cases ultimately result in complications surrounding matters of fault and liability, so it is absolutely essential that we begin working together as soon as possible to ensure that we are able to settle this question early and move forward to the pressing matter of getting you the money that you are entitled to.
Proving Fault After a Personal Injury
The first step before filing a personal injury claim or a lawsuit is to actually prove that the other individual or entity is at fault. The methods used to do this vary depending on the nature of the accident. For example, car accidents may have dash or traffic cameras, eyewitnesses, and other methods of proving fault. A premise liability injury like a slip and fall may have eyewitnesses and security cameras, while a product liability injury may only be your word against the company’s word about the flaw that led to your injury. Regardless of the nature of your accident and injuries, we will help you gather proof and build a solid case that will work towards getting you the compensation that you are rightfully owed following an accident that someone else is at fault for through their negligence, recklessness, or malice.
Pure Comparative Negligence
No two personal injury cases are alike, and even two similar accidents are unique in an almost incalculable number of ways. Even in the most seemingly-simple case, there can be major doubt cast on things like the cause of an accident, who is at fault for the accident, and the degree of liability that each party may ultimately assume. In some states, if a victim has even a percent of fault that they take responsibility for, they may lose their right to seek any compensation at all. Fortunately, that is not the case in Florida.
Florida follows a rule known as “pure comparative fault” that allows for a victim to assume up to half of the fault for an accident and still be entitled to seek compensation from the at-fault party. However, in this case, the final award to the victim is reduced by the percent of fault that they accepted responsibility for. For example: If you were in a car accident in Florida and it was determined that you were 10% at fault because you could have reasonably taken corrective action, and your damages are calculated at $100,000, then you would ultimately be awarded $90,000 to account for the 10% reduction.
Contact Fasig | Brooks Now For a Free Case Evaluation and Initial Consultation
The team at Fasig | Brooks knows how confusing and overwhelming the early days and weeks can be following a personal injury, which is why we offer a free case obligation where you can speak with an experienced professional and get a better sense of what you can expect moving forward. Trying to grapple with the range of issues and specifics of your personal injury claim and legal rights is extremely confusing, but working with one of the award-winning attorneys at Fasig | Brooks can give you the peace of mind that you deserve so that you can focus on your recovery without being weighed down by this administrative process.
Contact us as soon as possible for a free initial consultation so that we can discuss the specifics of your accident and give you a better understanding of how we will establish fault and liability before setting out to get you the money that you are truly entitled to after your personal injury. Working directly with an insurance company is a difficult and frustrating process, and we will gladly take on that responsibility so that you can focus on what is truly important: your health and personal needs.
