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The Link Between Negligence And Settlements


A key factor that often determines the outcome of an injury dispute is negligence. This is because negligence plays a central role in establishing liability and, subsequently, the settlement in an injury case.

Miami personal injury lawyers understand the intricate connection between negligence and settlements in injury cases. When you share the details of your situation with an attorney, they can shed light on how negligence may be determined in your case and what level of compensation you may receive.

How Negligence Affects Settlements

In Miami injury cases, the presence or absence of negligence has a huge impact on settlement negotiations. For instance, if it’s clear that the defendant’s negligence caused the hurt party’s injuries, the injured party is in a strong position during settlement discussions. Below are a handful of other ways the concept of negligence can influence a settlement.

  • Establishes liability. Negligence is crucial in establishing liability. When it’s evident that a person or group breached their duty of care, a responsibility to provide a safe environment, and that this breach led to the injuries, it becomes challenging for them or their insurance company to deny they should be held accountable.
  • Assessing losses. The extent of the negligence will also play a role in determining compensation amounts. More severe negligence often leads to more significant damages. For example, if a driver was not only texting but also under the influence of alcohol when their behaviors led to a traffic accident, the resulting injuries are likely to be more severe, leading to higher medical bills and more pain and suffering for the injured party.
  • Negotiation leverage. When negligence is clear, the insurance company of the individual being held accountable for their reckless behavior may recognize their liability and be willing to offer a fair settlement to avoid the uncertainties and costs of a trial.
  • Role of evidence. Injured parties typically need proof to establish negligence. From witness statements and accident reports to video footage and expert testimony, strong evidence paves the way to a favorable settlement for the injured party.

Navigating the complexities of negligence often requires legal expertise. An experienced lawyer can assess the strength of your case and negotiate with the defendant’s insurance company to secure a fair settlement.

Seek Legal Representation Today

There is an undeniable link between negligence and Miami injury settlements, because  negligence not only establishes liability but also affects the extent of damages and the negotiation process. If you’ve been injured due to someone else’s negligence, connect with the assistance of a skilled Miami personal injury lawyer to ensure you receive the compensation you deserve.

Do you have a negligence question after sustaining a Florida accident injury? Attorneys are available to work tirelessly on your behalf, both to prove negligence and to secure a settlement that adequately addresses your injuries and losses. To secure the financial recovery you need, share the details of your situation with the attorneys at Spencer Morgan Law to learn more. Call 305-423-3800 to schedule a free and confidential consultation.

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