What Qualifies as a Personal Injury Case?
Injury victims are entitled to substantial compensation.
A car crash, dog bite, or other personal injury case is based on negligence, which is basically a lack of care. A personal injury case compels people or institutions to accept responsibility for the mistakes they make. If Adam breaks a coffee mug and spills boiling-hot coffee, he should pay compensation. He should replace the broken mug and clean up the spilled liquid. If Adam breaks a coffee mug and spills boiling-hot coffee on Eve, he should likewise pay compensation.
Compensation in a personal injury case usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. The compensation is higher in a personal injury case than in a broken mug case. A person is worth infinitely more than a coffee mug or an area rug.
In a perfect world, tortfeasors (negligent actors) would voluntarily step up and accept responsibility for the injuries they unintentionally cause. But we don’t live in a perfect world, which is why a Sarasota personal injury lawyer must step in. Attorneys compel negligent parties to do what they should have done in the first place. An attorney also affects the amount of compensation. The average lawyer-negotiated settlement is over three times higher than the average nonlawyer-negotiated settlement.
Negligence Basics
In Florida and most other states, a car crash negligence case has four basic components. A Sarasota personal injury lawyer must establish each component by a preponderance of the evidence (more likely than not).
- Duty: Most people have a duty of reasonable care in most situations. For example, drivers must obey the rules of the road and avoid accidents when possible. Some individuals, like commercial drivers and medical professionals, have a higher duty of care.
- Breach: Not every driving mistake is a breach of care. Speeding five miles per hour over the limit probably is not a big deal, but speeding 20 miles per hour over the limit is definitely negligence. Commercial drivers and degreed professionals have a smaller margin of error. The bigger they are, the harder they fall.
- Cause: This element is actually two elements. First, the case must establish substantial cause. Bad weather may contribute to a car crash, but in most cases, driver negligence, like speeding, substantially causes it. Second, the case must establish foreseeability (possibility) of injury. If Ben speeds excessively, it’s foreseeable, although not likely, that he’ll hit another car or person.
- Damages: Generally, a victim must sustain a personal injury or property damage to bring a personal injury case. Near-miss car accidents, while frightening, usually do not support negligence lawsuits.
Personal injury premises liability cases, like falls and swimming pool drownings, are different. Usually, a Sarasota personal injury lawyer must prove the owner had a duty of care, as outlined above. Additionally, a lawyer must prove the owner knew about or should have known about the injury-causing hazard.
Resolving a Personal Injury Case
Most personal injury cases settle out of court. Settlement negotiations usually begin after a lawyer sets a claim’s settlement value.
Medical bills and other economic losses are the foundation of the settlement value, which is like a new car’s sticker price. This foundation must account for future medical bills as well. If it does not, the victim may be financially responsible for these costs.
Noneconomic losses, such as emotional distress, are hard to calculate. Typically, attorneys multiply the economic losses by two, three, or four, depending on the evidence in the case and a few other factors. These factors include the victim’s motivation to settle quickly, likely juror attitudes about the case, and the defendant’s motivation to settle quickly.
Informal settlement negotiations often stall or break down. If that happens, a professional mediator usually steps in and helps the two sides reach an agreement.
Work With a Sarasota County Personal Injury Attorney
Injury victims are entitled to substantial compensation. For a confidential consultation with an experienced personal injury lawyer in Sarasota, contact Carman & Finegan, P.A. Virtual, home, and hospital visits are available.