Being injured in any type of accident can be a life-changing experience. Dealing with the emotional and financial aftermath is a stressful process, made more frustrating if the event was caused by someone else’s careless actions. Based in Brandon, the capable accident lawyers at Owen & Dunivan have helped numerous individuals receive compensation for harm caused by another’s negligence. If you or your loved one has been hurt in a car crash, a motorcycle accident, or a slip and fall on someone else’s property, we can assist you in holding those responsible legally liable.File a Negligence Claim to Seek Compensation
If someone has been injured in an accident, he or she may pursue a personal injury claim against any party or parties responsible. Most lawsuits of this nature are based on the theory of negligence. To prove that a defendant was negligent, the injured person must show:
- The defendant owed him or her a duty of care;
- The defendant breached that duty;
- The breach was a proximate cause of the accident; and
- The victim sustained damages as a result.
For example, if you’ve been hurt in a car crash, you must show the other driver owed you a duty of care. In Florida, all people have a duty of care to other motorists to operate their vehicles in the same manner that a reasonable and prudent person would under similar circumstances. Next, you must demonstrate the defendant breached that duty, such as by speeding, running a red light, or breaking another traffic rule. Finally, you must show the negligent act directly led to the collision, and that your injuries resulted in damages of some kind, such as costs for medical treatment or pain and suffering as you recovered.
You can still receive compensation even if you are partially responsible for the event that caused your harm. Florida is a pure comparative negligence state, meaning that the court will offset the amount of damages it awards in proportion to the degree of fault attributed to each party involved in an accident. Therefore, even if a court finds you 75 percent liable for your injuries, you may still be able to receive up to 25 percent of your damages from another responsible individual or entity. Possible compensation available in a personal injury claim includes past and future medical costs, pain and suffering, loss of income or earning capacity, and more.Hold Careless Property Owners Accountable
Under Florida law, all property owners have a duty to protect those lawfully on their premises from unreasonable hazards. Failure to do so can give rise to a premises liability claim if it results in an injury. Depending on the type of visitor, property owners and occupiers owe differing levels of care. An owner owes the highest degree of care to a business invitee, or someone entering the premises for a business purpose. This includes shoppers in a mall or diners in a restaurant, for example, as well as contractors asked to do work inside a home. Owners of a business must regularly inspect their property for any dangerous conditions, such as spills on the floor or a broken stair railing. If you’ve been injured on someone else’s property, you must show that the owner either knew or should have known of the danger and failed to take proper action to fix it.
Children are owed a special duty of care in Florida. Under the attractive nuisance doctrine, property owners must take extra precautions to protect them from dangerous conditions that are likely to get their attention. These potential hazards include swimming pools, which are very prevalent and also dangerous.Discuss Your Injury Claim with a Riverview Lawyer
Often, the last thing you want to think about when recovering from a serious injury is going to court. Unfortunately, it may be necessary to ensure your medical bills and other resulting expenses are covered. At Owen & Dunivan, our injury attorneys are dedicated to guiding our clients through the legal process following an accident in Riverview or other nearby areas. We represent individuals throughout the Tampa area and elsewhere in Hillsborough County, helping them seek compensation for their harm. If you’ve been hurt in an accident, please contact our office online or call 813-502-6768 for a consultation to explore your options.