Liability in Miami car accident cases depends on proving that the other party’s negligent or careless actions caused the accident and led to the harm, losses, and expenses for which you seek compensation. The four elements you and your attorney must prove are:
- Duty of Care (The other party had a responsibility to avoid harming you)
- Breach of Duty (The other party failed to uphold their responsibility to avoid harming you)
- Causation (The other party’s breach of duty caused the accident)
- Damages (You suffered specified harms, expenses, and losses from the accident caused by the other party’s breach of duty)
Florida’s modified comparative negligence rule plays an important part in determining liability for damages, as it can reduce a victim’s potential compensation by their degree of fault. Car accident victims in Miami, Florida are only eligible to seek compensation if their degree of fault is 50% or less.
Schedule a free consultation with Ward Ruddock to evaluate the fault for the accident, the scope of your expenses and losses, and the liability for damages in your Miami car accident claim.
