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Charpentier Law Firm, P.A.

Proving Fault in Car Accident Cases

By SEO Admin on December 28, 2012

The Melbourne personal injury attorneys of Charpentier Law Firm, P.A., have a long history of success in representing victims of auto accidents. This is due to a combination of legal skill and knowledge, invaluable resources, and an unfailing devotion to our injured clients and their families. We know how to present the strongest cases possible on behalf of our clients, and we know what it takes to win, whether by reaching a settlement or trying a case to verdict.

Many people believe that there is such thing as a simple auto accident case. One car ran into another, several people witnessed it, and injuries resulted - slam dunk, right? Wrong. Even the most superficially open-and-shut cases can become incredibly complex, especially when powerful defense attorneys and insurance companies get involved. Thats why victims of Melbourne car accidents entrust their cases to the experienced attorneys of Charpentier Law Firm, P.A.

If you or a member of your family has suffered a serious injury in an auto accident, or if you have lost a loved one in such an accident, please contact Charpentier Law Firm, P.A., serving Melbourne and surrounding communities, today.

The Concept of Negligence


In order to recover damages on your behalf, our Melbourne auto accident attorneys must be able to demonstrate that the defendant (the person against whom you are filing the claim) was negligent in his or her actions. In arguing negligence, we must show that:

  • The defendant owed you a duty of care;

  • In failing to act as a reasonable person would under the same circumstances, the defendant breached that duty of care;

  • In breaching that duty of care, he or she contributed to or solely caused the accident in question;

  • You were, in fact, injured as a result of that accident;

  • And you sustained losses and expenses as a result of your injury


In presenting suitable, relevant evidence in support of each of these five points, we can prove fault and obtain compensation for your losses and expenses on your behalf. Damages vary from case to case, but commonly include compensation for medical and rehabilitation expenses, lost wages, and pain and suffering. In wrongful death claims, compensation may also be awarded for funeral and burial costs, future lost wages, loss of support and consortium, and other projectable future losses and expenses.

Comparative Negligence


In the state of Florida, plaintiffs may be able to obtain some measure of damages even if they are partially at fault for the accident in which they sustained injuries. The doctrine of comparative negligence allows courts to award damages in proportion to the percentage of fault on the part of each party. For example, if the court finds that the plaintiff was 25 percent at fault for the accident, he or she may still be able to collect 75 percent of the full amount of damages based on his or her losses and expenses.

Contact Charpentier Law Firm, P.A., Today


To schedule a review of your auto accident case with our personal injury attorneys in Melbourne, please contact Charpentier Law Firm, P.A., today.

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