Personal Injury Cases: Understanding NegligenceDecember 21, 2013 | Category: | Share
Many accident victims generally have questions about what steps to take after an accident, and they quite often do not know much about their rights under the law. That is why accident victims are strongly encouraged to seek legal guidance from competent Fort Myers personal injury attorneys who will be prepared to assist them with their cases. Personal injury attorney Randall Spivey notes that although some cases might be dealt with initially through the criminal justice system, the punishment that is administered during the criminal case cannot undo the injuries that an accident victim has incurred. Therefore, pursuing a personal injury case against the guilty individual or entity can help a victim obtain the just compensation he or she deserves for the injuries sustained.
Negligence in Personal Injury Cases
One of the primary legal concepts that is often a part of personal injury litigation is negligence. In order for a personal injury victim to achieve a successful outcome to his or her case, the lawyer handling the case must be able to demonstrate that a party or an entity was negligent in some way. When considering whether or not a person or entity was negligent, one must look at the duty of care that was owed to the injured party at the time of the accident. What this means is that the injured party must show that the action or inaction of the accused person or entity was not reasonable based on the situation.
Most Fort Myers personal injury attorneys will tell you that what is deemed to be "reasonable care" will vary depending on the exact situation involved. For instance, if the injuries suffered stem from a motor vehicle accident, the driver of the automobile has an obligation to operate his or her vehicle with reasonable care at all times, taking into account the traffic and weather conditions, visibility and a host of other factors.
When an accident victim works with an attorney, the attorney will look over the facts of the case to determine who the negligent parties are so that an appropriate argument can be made. Once the lawyer has established the duty of care owed, he or she will then have to show how the person or entity violated the duty of care. For example, if the incident was a car accident, the attorney can prove fault by demonstrating that the accused party broke a traffic law at the time of the accident. The accident victim might also testify as to what took place and how the person or entity caused the accident. Moreover, if there were witnesses to the accident, they might be able to provide insight into what happened to cause the accident. Once fault has been shown, the attorney will then need to show how the victim was harmed by the accused person's actions or inactions.
If you or someone you love has suffered an injury due to someone else's negligence, contact the Fort Myers personal injury attorneys at The Spivey Law Firm, Personal Injury Attorneys, PA right away. Let us help you fight for your rights.