Negligence is one of the central components of Florida personal injury law. Typically, the victim of an auto accident or any other event that resulted in injuries or property damage must prove the defendant’s failure to exercise reasonable care. Also, the plaintiff must prove that the defendant’s negligence caused their injuries.
Generally, proving negligence is a challenging task. In some case, the law may create a shortcut that makes it easier for plaintiffs to recover damages for injuries or property loss they suffered as a result of someone’s negligence. That ‘shortcut’ is known as negligence. You need a personal injury lawyer in Miami to prove this element of a personal injury lawsuit to get fair compensation.
What is negligence?
Florida State law defines negligence in the instructions state courts give to juries handling any personal injury case. Under this definition, negligence is simply the failure to use reasonable care. This is the standard care any careful person would exercise under similar circumstances. It also means doing something that a careful person wouldn’t have done under the same circumstances.
Proving negligence, according to many personal injury lawyers, isn’t a walk in the park. Basically, there are important elements that you, a personal injury plaintiff, must prove for your claim to be successful. These include;
1. The defendant owed you a duty of care
This basic concept is an essential principle in the law and relates to many laws. It implies that every person individual has a legal obligation to practice a reasonable standard of care. They should avoid all acts and omissions that might cause harm to other people. If someone fails to act reasonably, the law considers them negligent.
2. Breach of duty
According to Florida State law, breach of duty simply means someone failed to observe a reasonable standard of care. For instance, if a driver is reckless and drives his or her car in a way that can cause property damage or injury to other road users, the law reveals that such a driver has breached the duty of care. If it is established that someone violated some safety rules or did not act the way a reasonable person would, then, it means that individual or entity was negligent.
To get fair compensation for the injuries or property damage you suffered, you must also prove that the breach of a duty of care caused you property damage or injuries. Thus, there should be a clear link between the defendant’s negligent action and the result.
The costs and the losses associated with the injury or accident should be expressed in monetary terms. These are known as damages. They include medical expenses, lost wages, and other costs incurred when repairing or replacing the damaged property. You, the plaintiff, should be able to express these damages in numbers to ensure that your claim isn’t denied.