When you suffer harm or injury due to someone else’s negligence, it's important to understand your legal rights and how negligence is defined under Florida law. This article provides an overview of the four elements of negligence in Florida law and how a skilled personal injury lawyer can help you establish liability and secure much-needed financial compensation.
If you or a loved one suffered injuries caused by another party, contact Coker Law. Our experienced team of Florida personal injury lawyers can assess the circumstances surrounding your case and determine whether you have a valid injury claim. Contact us online or call (904) 290-1936 to arrange a complimentary consultation.
Florida Negligence Laws
Negligence is a key concept in any personal injury case. Florida, like other states, has specific laws that govern negligence claims. Under Florida law, negligence occurs when another party fails to exercise reasonable care given the circumstances, resulting in harm or injury to another person. To establish a valid personal injury claim in Florida, the injured party must prove all four factors of negligence.
The Four Elements of Negligence
To bring a valid insurance claim, you must establish four negligence elements.
Duty of Care
The first element of negligence is the duty of care, which refers to the legal obligation one person owes to another to exercise reasonable care to avoid causing injury or harm. In Florida, parties must exercise the same degree of care that other parties would exercise under similar circumstances. For example, if you were injured while on someone’s property, you may be entitled to compensation if you can establish that your injuries resulted from the property owner’s failure to act with reasonable care.
Breach of Duty
The second element of negligence is breach of duty. A breach occurs when the other party fails to fulfill their duty of care by acting carelessly or recklessly. Examples of a breach of duty include speeding, providing substandard medical care, and manufacturing a defective product. To show a breach of duty, the injured party must demonstrate that the defendant's actions or inaction did not meet the accepted standard of care.
Causation
The third element of negligence is causation, which establishes a direct link between the defendant's breach of duty and the plaintiff's harm or injury. There are two types of causation in negligence cases: actual causation and proximate causation. Actual causation, also referred to as "but-for" causation, requires showing that the injury would not have occurred "but for" the defendant's negligent actions. On the other hand, proximate causation involves determining whether the defendant's actions were a likely and foreseeable result of a breach of duty.
Damages or Injury
The final element of negligence is damages. Damages refer to the actual harm or losses suffered by the plaintiff due to the defendant's negligence. This may include medical expenses, lost wages, property damage, and pain and suffering. To recover compensation for damages, the plaintiff must prove that they suffered losses as a direct result of the defendant's negligent actions.
An Attorney’s Role in Proving Negligence
Proving negligence after a serious injury can be challenging. To greatly increase your chances of a successful outcome, it is crucial to hire a skilled lawyer. An experienced personal injury attorney is essential in building a solid case and advocating on your behalf. Your attorney can:
- Gather evidence to support your claim, such as medical reports, eyewitness statements, and expert testimony.
- Work with medical and financial experts to provide an accurate assessment of your current and future losses.
- Negotiate with insurance companies on your behalf to seek fair compensation for your injuries and associated losses.
- Represent you in court if litigation becomes necessary.
- Provide guidance and support, helping you understand your legal rights and options throughout the entire process.
Injured Due To Negligence? Contact Coker Law
If you have been injured due to someone else's negligence, you don't have to face the injury claim process alone. At Coker Law, our Florida personal injury lawyers are dedicated to helping injured victims secure justice and obtain the compensation they deserve.
Our experienced attorneys have a proven track record of success handling negligence cases and are committed to fighting for our clients' rights. Don't wait to seek legal assistance if you believe you have a valid negligence claim.
Contact Coker Law today for a free consultation. You can discuss your case and learn how our legal team can help you seek the compensation you need to rebuild your life after a serious injury.
