Tampa like the rest of the world is no stranger to accidents. Unfortunately, a lot of times, these accidents result in a personal injury. Moreover, these can occur anywhere. They can happen in the workplace, when you’re crossing a road, or when you’re driving.
According to data, one worker died after every 99 minutes on average in the United States during 2019.
One topic that is often overlooked, is that many individuals are not aware of their rights. They aren’t educated about the law and the rights they are granted as citizens. Apart from that, they aren’t aware of how the law works. Determining negligence in a personal injury case in Tampa, FL is just one of the things people are not aware of.
What individuals do not understand is that negligence plays a vital role in their personal injury cases. In simple words, negligence refers to an action that one may do with the inability of doing it in a manner that a reasonable person would. There’s one question that comes into play here; How is negligence in a personal injury case in Tampa, FL, determined?
Determining Negligence in A Personal Injury Case in Tampa, FL:
Negligence is primarily determined on the basis of 4 elements which include:
1. Duty of Care:
Duty of care means the responsibility a party is obligated to fulfill onto the other when it comes to causing injury. For example, a business’s legal (and humanitarian) obligation is to provide its employees with a safe working environment. Another example is the obligation every car driver has to drive reasonably without getting into a car accident and injuring someone else in the process. They are expected to drive while adhering to basic road laws as well as not drive under the influence of drugs.
In some cases, this is very simple to establish since laws already exist. Especially when it comes to car accidents. However, some cases could be a little more challenging. It cannot be said for certain that there would be laws in place that might be addressing the duty of care in that specific situation. A good example of this could be a restaurant providing reasonable care to its customers. However, the word “reasonable” doesn’t define anything in specific.
2. Breach of Duty:
Once the duty of care has been established irrespective of laws being in place or not for that particular situation, the next step would be to prove that the duty of care has been breached. In some cases, the individual who breached the duty of care may even admit that they are at fault. A good example of this could be a drunk driver being involved in a head-on collision and also admitting that they were driving under the influence.
However, this is not the end of the situation at hand.
Once the breach of duty has been proven and established, it would need to be proved that the at-fault individual’s actions lead to the other party’s personal injury. If it’s a very loosely-connected cause, it may be a hurdle.
For instance, if a drunk driver hits a pedestrian in an accident, that is a direct cause of personal injury. Whereas, if an accident happened at the workplace which caused one person to scream out of fear and that scream startled you to trip while walking and break your leg. Such a case may not have a lot of legal value.
The toughest step of determining negligence in a personal injury case in Tampa, FL, is proving the degree of your personal injuries in a financial amount. The financial amount of this monetary value would be referred to as damages. Damages include financial losses and the suffering the injured has had to endure. This means it’s not just hospital bills. If this accident causes a person to lose their job, the impact losing their job has created in their livelihood would have to be shown as damages.
A Tampa Personal Injury Lawyer Will Be Able To Help You Through The Situation:
Determining negligence in a personal injury isn’t easy. That’s where a Tampa personal injury lawyer comes in. With years of experience and hands-on training, a lawyer can help you with not just determining the extent of damages you are owed, but processing your case altogether.
The Best Tampa Personal Injury Attorneys:
If you or any of your loved ones have suffered a personal injury, our Tampa personal injury lawyers can help. We may not be able to reverse your injuries but, we will definitely ensure that you are accommodated for the damages you have faced.