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Fault In An Accident Is Only The Tip Of The Iceberg

It's not that difficult to enjoy life in Florida. From the weather to the beaches to the numerous dining and entertainment options, there's always something to enjoy here. However, it can be a bit harder to enjoy your time in Florida if you've been injured in an accident of any kind. Injuries can make it harder to move through your day, create difficulties in your finances, and more.

In fact, for many the financial side of healing is every bit as challenging as the physical recovery. Medical bills and lost wages due to missing time at work can combine to make your life very difficult as you move through the days and weeks following an accident. That's why finding a good Florida personal injury lawyer and seeking compensation for your injuries is so important.

Insurance companies will often try their best not to give you any kind of compensation or – in some instances – will offer a settlement that is very low in order to avoid having to pay you what you're really likely to be entitled to. Because of this, you need an attorney on your side. They'll help stand up for you and get you what you deserve.

To prove that you're owed compensation, attorneys will focus on one important thing – proving fault. Fault is just what it sounds like – showing that the other party involved in your accident was to blame. However, that's just the beginning of the process, and it's actually much more complex than that.

The main complexity is that your attorney has to be able to show that the other party involved acted in a negligent or reckless manner, and that their negligence or recklessness directly led to your accident and your injuries. Doing so will depend upon the type of accident you're involved in as well as the specifics of that accident. Here are some examples of what might happen.

  • In an auto accident, things like speeding, texting while driving, and DWI are all grounds for fault since these are negligent or reckless actions.
  • Workers comp cases often involve proving that risks existed on the jobsite that the employer chose to ignore.
  • Property injury claims are similar, and it must be shown that the property owner or manager knew about unsafe conditions and chose to ignore them.

It's important to understand that in things like slip and fall cases, just having a spill or a loose handrail be the cause of the accident isn't enough to show fault. Instead, you have to be able to show that the person responsible for keeping a property safe knew about the issue before your injury and willfully ignored it.

Things can go even further in the case of a trucking accident. For example, if a trucking company fails to enforce government regulations, doesn't provide the necessary logbooks, or enacts driver requirements that make it difficult to adhere to government regulations, the driver as well as the trucking company could be held responsible. It's similar for major corporations, and if a company operates in a way that forces property managers to ignore safety regulations, they could be held at fault alongside the property manager.

It can sometimes be tricky to prove fault, and a lot can go into the process. A good attorney will have to utilize evidence and testimony from a variety of sources in order to show that you are owed compensation. These could include – but certainly aren't limited to – the following.

  • Witness testimony
  • Police reports
  • Cell phone records
  • Black box data
  • Accident reconstructions
  • Testimony from professionals like economists, medical professionals, and more

As you can see, there's a lot more to proving fault than most realize. That's why it's so important to find a good attorney that can help you. Doing so is the first step towards getting better compensation for your injuries.