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DETERMINING NEGLIGENCE IN CAR ACCIDENT CASES

Proving that negligence caused a personal injury is essential to all personal injury claims. Without an injury, there is no case. Without negligence, there is no case. A skilled auto accident attorney must prove that the negligence of the defendant caused your injury and that your life has been altered in some way due to the negligence of the other person. Car accident claims are one of the most common injury cases where liability must be established before a jury may consider the amount of damages to award.

At the Law Offices of Michael V. Barszcz, M.D., J.D. in Winter Park, Florida, we have represented thousands of Florida residents in car accident cases, and we can help you, too. We have the knowledge, resources and experience necessary to prove negligence in a car accident case, and our attorneys have done so for nearly 25 years.

Why hire an attorney who’s also a medical doctor?
When the stakes are high, EVERY MOVE MATTERS.

Fault in Car Accident Claims

Fault is one of the most critical elements in any car accident claim. The person at fault is the one whose negligence caused the accident, and that is the person who typically must pay for the damage caused by his or her negligence. However, if it is not clear who was liable for the car accident, fault is apportioned between the individuals based on a theory comparative negligence. When liability is shared in an auto accident, the percentages of fault for each party involved must be determined.

In 1973, Florida adopted the doctrine of comparative negligence, which applies to several types of personal injury claims. This doctrine allows juries to more accurately apportion or assign blame or negligence in an accident case. With comparative negligence, more than one person can be found to cause a car accident.

It is very common for two or more people to be careless at the same time and contribute to an accident. For example, one person may be found to be 80% at fault and the other only 20%. The injured person who was 20% at fault would receive 20% less in monetary recovery. So, if the injured person had a $100,000 case, they would only receive $80,000.

If you or a loved one has been injured in a car accident, please contact the experienced car accident lawyers at the Law Offices of Michael Barszcz, M.D.,J.D. in the Orlando, Florida area for a free consultation.

Hammer
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    Failure to diagnose and treat respiratory distress after delivery leads to respiratory arrest and brain injury (hypoxic ischemic encephalopathy)

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    Failure to diagnose and treat pre-eclampsia leads to maternal death.

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    Improper medication prescribed for patient with asthma leads to death.

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