When filing a personal injury claim, you will have to prove that the at-fault party acted negligently, which ultimately caused your accident to occur. A doctrine that may make it easier for you to do so is called “negligence per se.” Follow along to find out how negligence per se applies to your personal injury claim and how a proficient Pasco County, Florida injury lawyer at Wendy Doyle-Palumbo, Esq. can help in your understanding of this.
What is negligence per se?
Put simply, negligence per se is a federal doctrine that is a form of strict liability. Meaning, the at-fault party is held responsible for a greater liability than that of contributory negligence. With that being said, you may claim negligence per se in your personal injury claim if the following apply:
- The at-fault party violated a statute in place to protect against the alleged harm.
- You belong to a class that this statute is intended to protect.
- The at-fault party’s violation of this statute directly caused you to suffer injuries and damages.
How does this doctrine apply to my personal injury claim?
Usually, for a personal injury claim, a plaintiff carries a burden of proof, and therefore must collect sufficient evidence of the defendant falling below the standard of care and directly causing an accident, injuries, and damages. Of note, the standard of care is considered the extent to which a reasonable person would have acted in a similar situation.
However, with the negligence per se doctrine in place, a Florida court will no longer have to consider whether the defendant’s actions met the standard of care or not. Rather, they will assume that the defendant’s actions were not like that of a reasonable person if they directly violated a statute in place to protect against the alleged harm. So while the Florida court will still have to determine whether they violated a statute, they will assume that the defendant fell below the standard of care. All in all, this may make it easier for you to recover the damages in your personal injury claim.
What else do I need for my personal injury claim?
For your negligence per se claim to carry weight in the eyes of the Florida court, you must retain enough evidence that helps support this. And so, you should work toward the following pieces of evidence:
- A copy of the official accident report conducted by a law enforcement officer.
- A copy of the surveillance camera footage of your accident occurring.
- Photos and videos of your injuries, damages, and the scene of your accident.
- Witness testimony recounting how your accident occurred.
- Copies of your medical documents that cover the date, time, and severity of your injuries.
- Copies of your medical bills that cover the cost to treat your injuries.
For more information, contact a talented Pasco County, Florida personal injury lawyer today.