A common theory that may come in handy when pursuing a medical malpractice case in Miami is comparative negligence. It states how blame is shared in a situation where several individuals contribute to harm and influences the monetary entitlement you can claim.
You cannot afford to be unaware of comparative negligence since its presence in a case can influence not only the verdict but also the amount of legal process. Being informed of this idea would be useful if you become involved in a medical malpractice case—in order to know what to expect.
Comparative Negligence and Medical Malpractice Cases
Before moving on, it should be pointed out that in Florida, including Miami, the state follows a system known as the pure comparative negligence rule. This means that a patient can lose part of his compensation if he/she is found partly to blame. For instance, a claimant that was awarded $100,000, if they are 20% at fault for the occurrence, they will see their compensation reduced to $80,000.
1. Reduction in Compensation
As pointed out earlier, your compensation can be in proportion to the share of blame that you possess—and this can decrease your compensation. Such an impact may be significant in some cases, depending on the details of the situation.
2. Challenge in Proving Liability
Causation is an important element in a malpractice suit; it is your legal burden to show that the tortious conduct of the defendant, the medical service provider, was the factual, actual, and probable cause of the claimed injury. However, the defense will often go out of their way to ensure that you do not gather any evidence of negligence. They may also advocate for comparative negligence; they will attempt to prove that you also played a part in causing the injury, thus limiting your chance for compensation.
3. Higher Possibility of Complication in Legal Cases
Even with a medical malpractice attorney in Miami, the court must look at the actions of both the patient and the healthcare provider and attribute comparably measured degrees of negligence. This process can prolong the case and demand more comprehensive legal work compared to typical civil proceedings.
Why Hire a Medical Malpractice Attorney in Miami
You should consult an attorney to know the legal processes you have to go through, gather evidence and provide grounds that will reduce comparative negligence of the accident. Also, the specialist will be aware of the peculiarities of Florida legislation and will know how to provide you with proper representation. This can prove very helpful in making sure that you are paid the most amount even if you may be partly to blame.
Conclusion
Comparative negligence plays a crucial part when it comes to medical malpractice law in Miami. This doctrine can greatly affect your case with respect to the determining the amount of damages that shall be awarded to you as well as the length of the process in court. Hiring a professional medical malpractice attorney in Miami enables you to overcome such challenges—so that the legal process is not a daunting one.
