The term tort is a legal term which you are all likely to hear much about from lawyers and other court operatives dealing with auto accident and personal injury cases. A tort has been defined as a simple wrong or injury which results from a breach of a legal obligation. Any wrongfully inflicted injury or harm is a tort. To put it simply, whenever you or your property has been wrongfully harmed or injured by someone else’s actions, you are generally said to have suffered a tort, with the wrongdoer being labeled the tortfeasor. Under the legal doctrine of tort, it is held that under any given circumstance, everyone owes the other a legal duty which exist by virtue of society’s expectations regarding interpersonal conduct, rather than by contract or other private relationship. And that when someone commits a breach of this duty or fails to respect another’s entitlement to this duty, such a person has committed the civil wrong of tort against the deprived or wronged party. A tort could take several forms ranging from a wrongful death to a wrongful injury to you or damage to your property. In automobile and liability torts, you are entitled to some rewards in the form of money. The general theory being that you need to be compensated for the harm done to you and/or your property. In this blog post, we will discuss car accidents caused by negligence.
Elements of a Negligence Claim
Negligence for the purposes of an auto insurance claim settlement can be defined in one of two ways. Either the motorist is being held at fault for an accident where he did what he should not have done resulting in harm or injury to the claimant or where he didn’t do what he should have done during the accident resulting in harm or injury to the claimant. The concept of negligence is based on a legal doctrine called the reasonable man’s doctrine or reasonable persons doctrine under the common law. By that doctrine, it is held that a person of ordinary prudence or a “reasonable person” has a natural obligation to exercise a certain degree of care and diligence in certain situations and that if he when he fails to uphold that duty resulting in harm or injury to another or his property, the harmed or injured party must be made whole again via monetary compensation. In short, the term negligence as it is applied in auto accident claim cases refers basically to a level of conduct or behavior that is deemed to fall below the acceptable standards established by law. Thus, in auto accident liability situations, the determination, through the settlement process or the jury system, of whether a given motorist is negligent relative to another motorist in an accident, is made based on the judging party’s assessment of the fundamental question, “did the given motorist do what a reasonably prudent person would have done and would have been expected to do in a similar situation as the one at issue?” You may be wondering, what is the significance of the concept of negligence or fault to you as an injury victim? A lot! Under the law, governing auto accident cases the concept of negligence is of crucial significance since the amount of your recovery whether you are to be entitled at all to any recovery in the first place will depend on the degree of your contribution of fault to the accident and how much of the accident you are judged to be responsible for. The following are the types of harm or losses for which one may be compensated in an auto accident situation: Value of earnings and time actually lost, value of wages and time likely lost or to be lost in the future, medical and hospital expenses actually incurred and those likely to be incurred in the future, all miscellaneous out of p pocket expenses made for the household including education rental cost of a substitute car etc., pain and suffering, and any inconveniences suffered from injuries arising from the accident, cost of repairs.
Speak to Our Miami Accident Attorney Today!
At Suarez & Montero, our personal injury attorneys can work with you every step of the way, offering the expert legal guidance you need to win your personal injury case. We will take care of all legal matters that relate to your claim and develop the best legal strategy for your individual case to ensure successful recovery. We will not rest until we have developed and presented the most persuasive argument possible, and ensure you receive fair and just compensation for your damages. If you are thinking about filing a personal injury claim after an accident, the injury lawyers at Suarez & Montero can help. Let us review your case and discuss your legal options. Our attorneys are ready to provide proven legal representation and stand ready to protect your rights. We are available 24/7 to give you a free, no risk case consultation! We serve clients throughout Florida including those in the following areas:
Miami-Dade: Aventura, Coral Gables, Doral, Fontainebleau, Hialeah, Homestead, Kendall, Miami, Miami Beach, Miami Lakes, North Miami, Tamiami, and Westchester.
Broward: Fort Lauderdale, Hallandale Beach, Hollywood, Pembroke Pines, and Weston; and Palm Beach County including Boca Raton, Lake Worth, and West Palm Beach.