Can A Jury Award Be Reduced If The Court Determines That The Injured Person Was Partly At Fault?
Typically, on the jury verdict form, they will have a space for a comparative fault on behalf of the plaintiff. The jury will be allowed to assign a percentage of their finding whether the plaintiff had any responsibility. For example, if the jury awarded the amount of a million dollars and found that the plaintiff was 50% at fault, the verdict amount would only be enforceable for $500,000 against the defendant. In a way, the final judgment would only reflect the percentage of fault against the defendant due to comparative fault.
Will I Have To Speak To The Other Party’s Insurance Adjuster After Being Injured In A Slip And Fall Accident In Florida?
If you are in a posture before filing a lawsuit, then the answer is no. Suppose you have an attorney at the pre-suit posture before filing the lawsuit. In that case, your attorney will handle all of the correspondence with the insurance adjuster and company. Typically, if there is a lawsuit filed, then there will come a time when the defense attorney will take a deposition of the plaintiff. The attorney for the plaintiff should be preparing them for the deposition before it occurs, but that is essentially a required part of the process.
Before filing a lawsuit, the plaintiff is under no obligation to give any recorded statement to the insurance adjuster for the responsible party for the defendant. That’s something that the attorney should usually be able to control. Hopefully, you will not be compelled to give a statement until litigation has begun. Often, adjusters will reach out to plaintiffs hoping that they will provide a recorded statement because they will try and use that to their advantage later on.
Does The Type Of Property Where The Slip And Fall Occurred Matter to My Personal Injury Claim?
Depending on where the accident happened, there will be different types of insurance policies. It explains what the limits are of the amount that can be recovered. For example, if it’s a commercial property, there may be a million-dollar policy, meaning that $1,000,000 is the most that can be recovered through the insurance company. This tracks throughout any property you are injured on, and hopefully, the site of your injury carries insurance because some do not.
It does not often happen in commercial settings, but the chances go up in private property or residential neighborhoods. Homeowner’s policies can carry much less. This means that it matters where the accident occurred because the place where the accident occurred may be an obstacle to recovery if it’s a situation with a low coverage policy.
Based on the foreseeability of someone slipping and there being water or a mechanism of injury, establishing liability could become more complex. Suppose someone slips by a pool where there’s water. In that case, it’s more reasonable for the resort to use the defense of knowing you are near water and adjusting your caution given accordingly.
For more information on Comparative Fault In A Slip & Fall Injury Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 379-8030 | (786) 785-25555 today.
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