Am I Eligible for Compensation for My Personal Injury Case?
Not everybody who gets injured in an accident is eligible for compensation. There must be proof that somebody else was at fault. In most personal injury claims and lawsuits, fault is shown by proving negligence. Discussing your case and gathering evidence of negligence can help you and your Bradenton accident attorney to have the best chance at success for your case.
Negligence
Negligence is shown by proving the following elements:
- That the defendant owed the claimant a duty of care.
- There was a breach of that duty.
- The breach of duty caused the accident.
- The claimant suffered compensable damages.
Comparative Negligence
If those elements of negligence can be proven, the claimant is then eligible for compensation. It is not as easy as it might seem. Quite often, the insurer on the other side of the case might allege that the claimant was partially at fault for the accident. That allegation is frequently made in cases involving an accident that occurred in an intersection. If that is determined, a percentage of fault is assigned to the claimant. That percentage is then deducted from any settlement or verdict in the case.
Damages
Sometimes the defendant’s attorney might also question the damages that the injured person claims. Gaps in treatment or missed medical appointments might be used to question the credibility of the claimant. Allegations of faking or malingering could be made on a perfectly valid claim. You are encouraged to attend every medical or treatment appointment that has been scheduled.
If you were injured or lost a family member in any type of accident in or around Bradenton, contact Bradenton accident Attorney Shannan Neri as soon as possible to arrange for a free consultation. She will listen and answer any questions; she will advise you of your full range of legal options. Contact Shannan Neri immediately if you have been injured in an accident at 941-677-8977. She’s an experienced, respected, and aggressive Bradenton personal injury attorney that is prepared to help you have a successful case.
