After sustaining injuries in an accident, you may be concerned about how you will pay your medical bills and take time off from work to heal. In some cases, it is possible to recover damages from an at-fault party. If you are harmed through the fault of another person or entity, you should discuss your situation with Jacksonville personal injury lawyer Kevin M. Cobbin. The insurer for the at-fault party will likely look for ways in which you were to blame, so it is important to consult an attorney before speaking to the at-fault party’s insurance adjuster or other representative.Personal Injury Cases
In order to establish liability in most personal injury cases, you will need to establish the defendant’s negligence by a preponderance of the evidence. You will need to show that it is more likely than not that the defendant owed you a duty of reasonable care, the defendant failed to meet this duty, the failure caused your injuries, and damages resulted.
The duty of reasonable care that is owed depends on the circumstances. For example, all drivers need to use reasonable care to avoid injuries to those with whom they share the road. A driver may breach the duty to use reasonable care by driving too fast for weather conditions, texting while driving, tailgating, aggressively cutting other cars off, weaving in traffic, or drunk driving. Meanwhile, property owners owe a duty to certain categories of visitors to keep them reasonably safe from dangerous property conditions of which they know or should know. A personal injury attorney in Jacksonville can gather evidence to prove a breach of the duty of care.
Often, defendants in personal injury lawsuits raise the issue of comparative negligence. In other words, they may point to ways in which a plaintiff was at fault for his or her own injuries. Your damages can be reduced by an amount equal to your proportion of fault. For example, if your damages are $500,000, but a jury finds that you were 30% at fault for an accident, you may be able to recover $350,000 from the defendant or its insurer.Vicarious Liability
There are situations in which you can hold a party that exercises control over an at-fault party responsible for the harm that you suffered. Florida allows you to hold an employer accountable for an employee’s negligence under the doctrine of vicarious liability. For instance, if you were struck by a delivery truck driver who did not see you at an intersection while making a delivery, your Jacksonville personal injury attorney may be able to hold the trucking company vicariously liable for its employee’s negligence.Damages
If we are able to establish the liability of one or more parties, you may be able to recover damages. These damages depend on the severity and nature of your injuries. They may compensate you for both concrete and intangible losses. Concrete losses are economic and often documented. They include medical expenses, lost income, replacement services, and out-of-pocket costs. Intangible losses are non-economic and can vary significantly depending on who represents you and the losses that the jury believes would naturally flow from your injuries. These losses may include pain and suffering, mental anguish, loss of enjoyment of life, loss of earning capacity, and loss of consortium.
When a loved one’s death is caused by another person’s negligence or other fault, it may be appropriate to sue for damages in a wrongful death lawsuit. A personal representative must file the wrongful death lawsuit and specify each survivor with an interest. People who may be able to recover damages include the decedent’s spouse, children, parents, blood relatives, and adoptive siblings who were partly dependent on the decedent for services or support.Hire a Dedicated Personal Injury Lawyer in Jacksonville
It can be difficult to deal with the financial and emotional aftermath of serious injuries. It is important to retain an experienced attorney to make sure that you obtain the damages to which you are entitled. If you need to bring a lawsuit after an accident, you should consult Kevin M. Cobbin. He represents people throughout Duval County and the surrounding areas. Call him at (904) 357-8448 or complete our online form.