There is no limit or cap to the types of accidents that can result in serious injury. Regardless of the type of accident, whether it be a car accident or slip and fall mishap, determining who is legally responsible for the injuries you’ve sustained usually comes down to these two pillars: negligence and duty of care. In this blog, our Gainesville personal injury attorney explores how negligence and duty of care can impact a personal injury case.
Duty of Care
In legal terms, duty of care is an individual’s obligation to adhere to a standard of reasonable care when performing any act that could possibly harm or injure another individual. In personal injury cases, duty of care is the first element that must be established before moving forward with proving negligence.
Regardless of the details pertaining to how your accident happened, securing compensation that is fair and just for the injuries you’ve sustained relies on successfully proving negligence. Negligence is composed of a few basic principles that you, the plaintiff, must show in a personal injury case.
Keys to a negligence case are often guided by the following rules:
If you were also careless to a certain degree, your compensation can be reduced to by whatever percentage or extent your carelessness played a role in the accident under comparative negligence rules.
Your main goal during a personal injury case is to make a reasonable argument that the defendant was negligent, even if the defendant argues that he or she was careful.