How Can Your Actions Affect Personal Injury Damages?
The field of personal injury law is one of the most in demand in the entire state of Florida. From car accidents, and medical malpractice, to on-the-job injuries, and work-site misconduct, negligent parties can be held responsible and made to pay compensatory damages to their victims. While most individuals don’t know the first thing to do in the personal injury process, it is important to acquire the help of a qualified personal injury attorney Land O’Lakes and other cities in the area have quite a few, however few can match the skill of Charles Spinner, Esq. and his team at Spinner Legal. Their all-around experience, and their impeccable history, makes them one of the top legal firms in the field of personal injury in the entire state – and with the complexity of Florida’s personal injury laws this is of utmost importance. For any personal injury attorney Land O’Lakes and other nearby cities, have specific compensatory damages that injured parties are able to receive financial payment for. The most common damages are medical bills, lost wages, pain and suffering, emotional distress, and property damages – amongst others. And for any personal injury attorney Land O’Lakes lawmakers have enacted a number of different stipulations which can have an effect on the damages that may be awarded. For the injured party, having a strong personal injury attorney on your side, like Charles Spinner, Esq. affords you some protection, your actions as well as your role during the accident can have a drastic effect on the damages you are able to be awarded – even diminishing them drastically. Here are 3 of the most common situations in which damages can be affected.
· Comparative Negligence
In this instance, if you (the injured party), are responsible, even partially, for the accident in which you were injured – this will be reflected in your damages. The term comparative negligence is a standard that most states abide by, essentially stating that damages are directly linked to the degree of which an individual is at fault in a personal injury case. Therefore, the more fault you had in the accident, the less damages you will receive from the other party. The opposite is also true, the more at-fault they were, the more damages you will receive.
· Contributory Negligence
For a personal injury attorney Land O’Lakes doesn’t generally adhere to this type of negligence, however it can be brought up during the claim and have a subconscious effect on the judge when determining the amount of damages to be paid. Contributory negligence states that if you are even partially at fault for the accident or incident, then you may not be entitled to any damages at all. This is unlikely; however, it is possible – and mandatory in some states.
· Post-Incident Mitigation of Injuries or Damages
One of the most important reasons to immediately get a personal injury attorney Land O’Lakes and most of Florida has laws in place stating that the injured party must make a reasonable effort to mitigate their injuries, and financial damages following the accident. For instance, if you are injured in an accident, you are supposed to seek treatment as soon as possible, rather than leaving your injuries untreated, making them worse, and thus making the negligent party responsible for worse injuries, and higher financial costs. At the same token, if your car was damaged in an accident, and you rather than fixing it, chose to drive it and caused even more damage – the judge may decide to grant you far less damages than you would have gotten initially. These laws state that it is the responsibility of the injured party to attempt to mitigate the damages (financial and medical) rather than trying to “squeeze: every possible penny from the situation.
As a personal injury claimant, it is important to know the proper ways to proceed from the moment of the incident to the awarding of damages, a qualified, experienced personal injury attorney like Charles Spinner, Esq. and the team at Spinner Law Firm, will help make sure you follow the right steps, and address all the procedural points to maximize your damages and get the justice you deserve.
