Harris Personal Injury Lawyers does not only handle car accidents, we proudly represent clients who slip and fall, clients injured by dog bites, clients who have been injured in an Uber or Lyft accident, and more personal injury areas.
Minnesota Lawyer Search Phone: 805-284-0705 This defense falls into the category of comparative negligence, which each state uses in some manner. Some states use pure comparative negligence that allows any injured party in an accident injury to receive some amount of financial compensation unless they are totally at fault for the injury, such as an intentional act or they were convicted of drunk driving. Most states use modified comparative negligence law that states plaintiffs are barred from any financial recovery if their comparative negligence percentage is greater than the respondent. The bar level is usually either 50% or 51% to deny a claim. In pure contributory negligence states, any contribution to the causation of the injury will be an effective defensive strategy. In premises liability cases, the focus is on individual reasonable assumption of risk based on the actions of the plaintiff. An example of this defense would be trespassers who are injured and normally lose their claims based on no authority to occupy the property. This means that technicalities can matter greatly, depending on the state of occurrence, and the particulars of the claim are all potential reasons for a case dismissal, or at least a reduced financial liability.
Discovery is the process in which each party investigates what the other party’s legal claims and defenses are. The Florida Rules of Civil Procedure allow each party to propound certain types of written discovery upon the other. In an auto accident case, the Florida Supreme Court requires parties to serve standard interrogatories which essentially request background biographical information (e.g., name, date of birth, current and former addresses, employment history) as well as information about the incident itself (e.g., describe the incident, were you wearing a seatbelt? Did a mechanical failure contribute to the incident occurring?) The interrogatories will also inquire into the injuries you are claiming, which medical providers you have seen as a result, and the damages you’ve incurred.
Loss of financial support for dependents in cases of death
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