Who Is Liable in a Personal Injury Case in Florida and Georgia?

Get Answers to Your Questions About Personal Injury Liability

There are a lot of moving parts that influence liability in a personal injury claim. Factors that can affect liability include what conditions led to the accident and the circumstances that led to any injuries. Other things, like comparative negligence, only muddy the waters. An attorney will investigate your case and create a case demonstrating liability and responsibility. 

Expect a fight on who is liable — especially if insurance is involved. You need someone who will stick by your side. For over 40 years, Farah & Farah have stood up for what’s right.

Who Is Liable in a Personal Injury Case in Georgia?

The Georgia Code of Laws stipulates that someone may be responsible for an accident if they fail to exhibit due care. Broadly, failing to exhibit due care means that the at-fault part willfully disregarded their best sense to cause the accident. Proving liability involves an investigation of the facts and circumstances of the case. For example, liability can be determined as a loss that occurred because an entity failed its duty to others, failed to perform a duty, or as a result of the failure.

Who Is Liable in a Personal Injury Case in Florida?

According to Florida’s comparative negligence law, negligent parties are only on the hook for a percentage of the damage they cause. It’s up to the victim of negligence to prove that their accidents were the fault of an entity or business. 

How Does Comparative Negligence Affect My Compensation?

Comparative negligence reduces the amount of your settlement by a portion of your fault. For example, if you are awarded a $50,000 settlement, but the court finds you have a 50% liability, you will receive only $25,000 of that final figure. 

How Is Negligence Proven in Personal Injury Cases?

Negligence is the cornerstone of a personal injury case. It’s up to the victim to prove the at-fault individual failed in either of the following:

It may be challenging to prove negligence without an attorney depending on your claim type. For example, medical malpractice or premises liability injuries can be less clear-cut than vehicle accidents.

How Comparative Negligence and Modified Comparative Negligence Differ

In Florida, the doctrine of comparative negligence splits fault between the parties. For example, if a pedestrian collision arises because someone was driving recklessly and another person was jaywalking, then it could be ruled that both parties are responsible. It could be argued in this scenario that the reckless driver is 70% liable, and the jaywalker is 30% liable.

Georgia observes a modified comparative fault rule. If a court finds you are 50% or more responsible for the injury, you will not be entitled to any compensation whatsoever.

What Is Negligence per Se in Personal Injury Cases?

Negligence per se is different than negligence because it is referring to a negligent act that violates a law instituted to protect the public. Examples of negligence per se include driving intoxicated or ignoring dog leash laws. By outright breaking the law, the at-fault party has automatically breached their duty of care. 

How Do I Receive Compensation in Personal Injury Cases?

The compensation for a personal injury case includes non-economic and economic damages. A trusted attorney can help you maximize your settlement amount. The funds for these damages will often come from the insurance company. Some cases may warrant punitive damages which come from the negligent party. Typically, the insurance company for the defendant will write a check out to your attorney. After the attorney settles any outstanding balances, they will cut you a check for the remaining funds.

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Personal Injury Liability Is Complicated. Let Us Help!

Suffering a personal injury can turn your waking life into a nightmare. Understanding how personal injury liability works is key to getting the settlement you deserve. For over 40 years, Farah & Farah have created a reputation as Florida and Georgia’s go-to personal injury liability attorneys.

At Farah & Farah, our attorneys work on a contingency fee basis, so you won’t be responsible for a single penny until we win. We have an impressive track record of recovering over $1 billion for our clients — and we want to help you stand up for what’s right. 

Talk to one of our personal injury liability specialists 24/7 at 877-245-6707. During your free case review, we will discuss your options and determine the best way forward.

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