How Does Comparative Or Contributory Negligence Impact A Slip-And-Fall Case?
The comparative negligence theory allows for an injured party to be held responsible for contributing to their own injury via negligence. If a hazard should have been repaired but was also very obvious, the injured party may be found to be a certain percentage responsible for their own injury, by failing to be reasonably aware of their own surroundings. If the case is worth $100,000 dollars and the comparative fault is 50%, then the recovery for the person who was injured will be reduced by 50% and they will only receive $50,000.
What Are Examples In Which The Person Would Likely Have Contributed To His Or Her Own Injury?
People injured in these types of accidents are frequently asked about the type of footwear they were wearing and whether it contributed to their inability to prevent injury. The other thing to consider is whether they were carrying something or otherwise distracted, which may have prevented a normal person’s reaction time.
How Often Do Slip-And-Fall Personal Injury Cases Result In Some Sort Of Settlement?
If the settlement in a case is relatively small, it is more likely to settle short of going to trial. If there is a significant amount of money involved, the insurance companies are more likely to take it to trial, because they know that there may be some aspect of comparative fault that will reduce the amount they have to pay.
Additional Information On Slip And Falls In Florida
It is very important to try to document what happened at the time of the injury, by either taking pictures or getting witness statements. If you are so severely injured that you cannot do that, perhaps have a friend or a family member do so. Although you will be urged by the insurance company to make a statement, it is important not to do so without the presence of an attorney. No matter how friendly the insurance adjusters may seem, their only purpose is to avoid the insurance company paying.
For more information on Comparative/Contributory Negligence In FL, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (407)-228-2131 today.