Most “accidents” are preventable. People who have been seriously hurt because others did not exercise a reasonable amount of caution should be fully compensated, whether the harm was caused by a careless motorist on the highway or a business operator that put profit before concern for customer safety. However, fair settlements do not automatically happen, regardless of the defendant’s fault in causing an accident. It is important to prepare a strong case with the assistance of vigorous legal representation. The Stuart personal injury lawyers at Donaldson & Weston are here to help if you or a loved one has suffered serious harm due to someone else’s wrongful conduct or inadequate care.Explore Your Options After Suffering Serious Injuries
Many devastating injuries may happen as a result of car or truck crashes, bike or motorcycle collisions, boating accidents, and slip and fall accidents, among other events. These injuries range from fractures, lacerations, sprains, strains, and contusions to life-altering, permanently disabling injuries, such as traumatic brain injury (TBI), spinal cord injuries, paralysis, and the loss of a limb, any of which may require extensive rehabilitation and a lifetime of treatment. Medical expenses in these cases may be staggering, and the accident victim may never be able to return to full-time work. This may be especially difficult for a family who relied on the injured person for financial and emotional support.
To recover compensation for damages such as past and future medical expenses, lost wages, loss of earning capacity in the years to come, pain and suffering, and loss of consortium for the victim’s spouse, the plaintiff must make out a case of negligence against the defendant. To do this, the plaintiff must prove the four elements of negligence by a preponderance of the evidence. These elements are duty, breach of duty, causation, and damages.
Florida law allows a defendant in a personal injury lawsuit to apportion some of the fault to the plaintiff or to a third party. Under the principles of pure comparative fault followed by the Florida courts, the defendant is liable only for the percentage of the plaintiff’s damages that may be attributed to the defendant’s negligence. For example, if the jury in a motor vehicle collision case determines that the defendant was 70% at fault and the plaintiff was 30% at fault, the defendant will need to pay the plaintiff an amount representing 70% of the total damages that the plaintiff incurred. However, in contrast to some other states, Florida does not prevent a plaintiff from recovering compensation altogether unless they were entirely at fault.Contact a Personal Injury Lawyer in the Stuart Area
People who have been involved in accidents should hire an attorney to represent them in pursuing all of the compensation that they deserve. To schedule a free appointment with a Stuart personal injury attorney, call Donaldson & Weston at 772-266-5555 (in Stuart) or at 561-299-3999 (in West Palm Beach), or you can contact us online. We understand that victims often lack the financial resources to pay attorney fees upfront. Therefore, we accept many cases on a contingency fee basis. We get paid only if you receive a judgment or accept a settlement. Our firm represents people who need a car accident attorney or representation in other personal injury and wrongful death claims in Stuart, West Palm Beach, Jupiter, and other areas of St. Lucie, Palm Beach, and Martin Counties.