Injury claims vary to some extent depending on whether they arise from an auto accident, a slip and fall, medical malpractice, or some other situation. However, in some respects, injury claims have certain elements in common. Most injury claims involve a determination of 1) liability, i.e. who was at fault; 2) proximate cause, i.e. did the fault cause the harm? and 3) damages, i.e. what harm did the fault cause? Perhaps a fourth, more practical consideration involves whether the at-fault party has assets or insurance against which a recovery may be made. Each of these elements requires analysis in order to determine whether a claim has merit worth pursuing.
Liability
With regard to liability, the concept of fault looks at what duty the other party owed to the person who was injured. In most instances, the duty involves what a reasonable person in a similar situation would do. For example, if a person runs a stop sign and collides with your vehicle, they are at fault because a reasonable person would not run a stop sign when both law and reason require otherwise. The duty owed can be higher when arising under certain types of relationships. For example, a physician owes a higher duty, i.e. one equal to that of other medical professionals in the community. If a physician breaches that duty, he or she can be held liable if damages occur.
Comparative Negligence
Florida recognizes the concept of "comparative negligence" whereby the relative fault of the parties can be determined and applied. This means that in an injury situation, each party may be partly at fault. For example, in an auto accident, if one vehicle was going too fast and the other runs a traffic light resulting in a collision, each driver be partly to blame. A jury could be asked to determine the percentage of each party's fault, with damages to be awarded based on the percentage fault. So with an auto accident, if the jury finds that the injured party was 20% at fault and awards damages of $100,000, the injured plaintiff would actually be entitled to $70,000 in damages after setting off the comparative negligence.
Proximate Cause
Once liability is established, a determination of proximate cause must be made. This element asks whether the "fault" caused the "damage." For example, if a person runs a stop sign and collides with your car and as a result, you are thrown into the steering wheel and suffer injury, the other person can be held liable. This is true because the collision caused you to be thrown into the steering wheel. But if under the same scenario you are injured after the accident because you go to exit your vehicle and carelessly step into the path of an oncoming car, then the proximate cause is more remote. As such, a court or jury would have to determine whether the negligent act caused your injury.
Damages
If a party is at fault but there is no damage, then there is no claim. For example, if a person runs a stop sign, collides with your vehicle but you are not hurt, there is no basis of recovery. Similarly, if you are injured, but only slightly, the extent of damages may be so little that there is no basis for pursuing a claim. In Florida, with automobile accidents, not only must there be injury but that injury must be permanent in order to pursue damages. Otherwise, any non-permanent injuries would be paid by your own Personal Injury Protection (PIP) insuance.
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(c) Copyright 2008 Michael Lins, Attorney
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