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Orlando Accident Lawyer > Blog > Personal Injury > Car Accident Recovery And Defining Negligence

Car Accident Recovery And Defining Negligence


In the aftermath of Florida car accidents, the legal concept of negligence becomes crucial in determining responsibility. Defining negligence often comes into play because individuals find themselves seeking compensation for physical harm, emotional stress, and the financial burdens that can come with injuries and property damage.

When you need support, know that a seasoned Orlando personal injury attorney brings experience to the table, guiding injured parties through the complexities of damage recovery. This includes discussing settlements with insurance adjusters and pursuing damages beyond insurance coverage when necessary. You should always speak to an experienced personal injury attorney before speaking to any insurance company.

Negligence In a Legal Context

When it comes to legal disputes, a failure to exercise care that a reasonable person would in similar circumstances, resulting in harm to others, is negligence. In many personal injury cases, including car accidents, establishing negligence is paramount to determining liability. Common examples of negligent behavior on Florida roadways include distracted driving, speeding, running red lights, or driving under the influence.

If you are an injured party seeking damages from another party in a car accident case, you will likely need to prove that the other party’s negligence directly caused your injuries. This involves demonstrating the following.

  • Duty of care. A legal concept, duty of care is establishing that an at-fault party owed care to others on the road.
  • Breach of duty. Evidence that illustrates an at-fault party breached the standard duty of care that should be expected through negligent actions.
  • Outlining how the breach of the duty of care directly led to the harm sustained by the victim.
  • Providing evidence of all of the damages suffered due to the accident caused by a negligent party.

Insurance adjusters may attempt to settle quickly and for less than the full value of the claim. They may even move to do this without a comprehensive review of who was negligent. Attorneys can effectively navigate these negotiations by leveraging their knowledge of the law and experience in similar cases.

If your lawyer sees any indicators of an adjuster pressuring you into accepting an inadequate settlement amount, one that may not cover the full extent of your damages, they will push back on the lowball offer. They may introduce their own investigatory findings into the negotiation process.

Pursuing Damages Beyond Insurance

In some cases, Personal Injury Protection (PIP) recovery funds are offered but are not sufficient. Attorneys play a crucial role in evaluating the adequacy of PIP benefits and determining whether pursuing additional damages is warranted.

Beyond PIP and other forms of insurance, an Orlando personal injury attorney can pursue damages through a personal injury lawsuit, seeking compensation for medical expenses, lost wages, pain and suffering, and other related costs. Their deep understanding of the legal landscape allows them to assess when it is appropriate to escalate a case and pursue a more comprehensive recovery.

Could the concept of negligence be fundamental in your fight for fair compensation? If you are healing after a car accident, consult with the lawyers at Israoui Law to ensure your rights are protected and justice is served. Call 407-381-4529 for the personal attention you deserve.

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