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Florida’s Negligence Laws Explained

Negligence occurs when someone fails to uphold their legal duty to another and causes harm like injuries and financial loss. In such cases, it’s unfair for the victim to pay for these resulting damages. The responsible party must be held accountable.

Each state has its own laws on negligence. They outline things like who pays for what damages, elements to prove negligence, when to sue the liable party, and what to do if you are partially at fault.

Understanding Florida’s negligence laws are crucial in winning such cases. If you suspect someone’s negligence caused your injuries, a personal injury lawyer from Gross & Schuster, P.A. is ready to help determine if you have a claim and how to move forward from here. 

How to Prove Negligence in Florida

Negligence often leads to personal injury claims, where the accident survivor pursues compensation for the harm caused. But to even start these claims in court, you have to prove these four components of the case:

  • The defendant owes you a duty of care
  • They breached this care
  • Your injuries were solely caused or worsened by the defendant’s negligence
  • You have evidence to support the damages you’re seeking to recover

Negligence can occur nearly anywhere. The result is a list of different types of claims depending on where the negligent actions occurred

Examples include product liability, premises liability, medical malpractice, car accident claims, dog bites, and nursing home abuse. If you believe you have the evidence to prove you’re due compensation for someone’s negligence, reach out for guidance. 

Florida’s Comparative Negligence Laws

What happens when investigations show you were partially at fault for causing the accident? This is a big worry for most personal injury victims because it threatens their chances of getting a settlement for the injuries.

Florida’s comparative negligence laws outline what should happen in such situations. 

You can still receive compensation for your damages after a personal injury accident, even if you were partially at fault. However, your percentage of the fault must not be more than the defendant’s percentage. 

For the settlement, you’ll receive an amount that’s less your percentage of contribution to the accident. Don’t worry, our attorney and the insurance company will come up with and agree on these fault percentages.   

Auto Negligence Laws in Florida

Car accidents follow a different set of laws when it comes to seeking compensation. Instead of pursuing a settlement from the defendant’s insurer, you’ll file a claim with your auto insurance first. This is known as no-fault insurance.

The advantage of this arrangement is that most cases are straightforward, and the settlement kicks in fast. Unfortunately, you can only recover economic damages like medical bills, lost wages, and property repair costs. 

You can only recover non-economic damages like pain, suffering, and loss of life enjoyment if you reach Florida’s serious injury threshold for car accidents. These damages cover the intangible suffering you’ve experienced, but you may need a lawyer’s tools to determine what those damages are worth. 

Learn More from a Personal Injury Lawyer

There’s so much you need to know to navigate a negligence-related claim, let alone win the compensation you deserve. Let a personal injury lawyer with legal experience and knowledge of Florida’s negligence laws take care of your case. 

Speak with a compassionate lawyer from Gross & Schuster, P.A. to answer any questions you have. Call us at 850-434-3333 or fill out our contact form below to claim your free consultation. 

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