If you want compensation for an injury that wasn’t your fault, you’ll need to find out who is liable (responsible) for the incident. You can’t just receive compensation from nowhere; there must be a liable party for you to recover damages.
If you were hurt in an incident that wasn’t your fault, let our West Palm Beach personal injury lawyer help investigate your claim and use the evidence to determine who is liable. One way we can do this is through establishing vicarious liability. So, what is vicarious liability, and how can it be used in a personal injury case?
Defining vicarious liability
“Vicarious liability” means that a person or party holds some responsibility for another person or party’s reckless or negligent actions. One of the clearest examples of vicarious liability is the relationship between reckless employees and their employers.
For example, let’s say you’re in a car crash with an on-duty delivery driver who was texting and ran a stop sign. Because the delivery driver was on the clock and acting within the scope of their job duties (driving to the next delivery stop), you may be able to hold both the driver and their employer accountable for the injury and/or property damage you sustained in the crash.
Vicarious liability is often placed on employers because they’re expected to maintain appropriate equipment, safe hiring practices, and regular inspections of both performance by employees and any tools used for the job. If they fail to pay attention to these elements, they may be held responsible for any injuries caused by their employees.
How do you prove vicarious liability?
Before you file a claim against the at-fault employer, you may need to gather evidence that supports your claim. Unfortunately, that can be difficult when juggling severe injuries and your lawsuit. You may need an attorney to help you gather evidence showing that the employer is liable for your injuries.
Typically, evidence to prove vicarious liability includes showing that the party that caused your injuries acted within the scope of their job. That may include proving that you were at work and on the clock at the time of your injury.
How vicarious liability law impacts your claim
When filing a lawsuit, your personal injury claim in Florida should be filed against the party financially responsible for your injuries. In most cases, you would file this against the person who injured you. However, vicarious liability may complicate that.
That can hurt your claim if you do not act on time or do not have the resources to determine who is liable for your injuries. For example, if you file a claim against the wrong person, that claim may be dismissed, and you may have to work harder to identify the liable party and act before your time limit runs out.
Fortunately, you do not have to handle this on your own. If you are dealing with a personal injury claim and believe that an employer is vicariously liable for your injuries, contact an attorney for help gathering evidence and taking your case to court within Florida’s two-year time limit.
Holding the at-fault party accountable with a lawyer
When you are hurt because someone is careless, you may need help determining who is liable for your injuries. This is especially true for cases where vicarious liability law can affect your claim.
Fortunately, the skilled team of Lytal, Reiter, Smith, Ivey & Fronrath is here to help. Our personal injury lawyers can help Florida residents get compensation if someone injures them. If you need help to get compensation for your case, call (561) 655-1990 or complete the online contact form.
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Lytal, Reiter, Smith, Ivey & Fronrath
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West Palm Beach, FL 33401
1850 SW Fountainview Blvd STE 207
Port St. Lucie, FL 34986
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Boca Raton, FL 33432