Most personal injury cases arise from negligence. Negligence is the failure to exercise reasonable care, resulting in harm to another person. Below, you can learn more about how to prove negligence and how an attorney can help you with your claim.
What Are the Elements Of Negligence In Florida?
Under Florida law, negligence requires four main elements:
- Duty of Care: The defendant owed a legal duty to the plaintiff.
- Breach of Duty: The defendant failed to fulfill that duty.
- Causation: The breach directly caused harm.
- Damages: The plaintiff suffered actual harm as a result.
For example, drivers must operate their vehicles safely. If a driver texts while driving and causes a crash, they have breached their duty of care.
Not all harmful actions count as negligence under the law. The key question is whether a reasonable person would have acted differently in the same situation. Florida courts look at the specific facts and all relevant factors when analyzing negligence-based claims.
Comparative Negligence In Florida
As of March 24, 2023, Florida has adopted a modified comparative negligence standard. Now, if you are found more than 50% at fault, you cannot recover any damages (except in medical malpractice cases, which remain under the pure comparative negligence rule).
If you are 50% or less at fault, your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault, your damages will be reduced by 20%.
Common Types Of Personal Injury Cases That Involve Negligence
Negligence-based cases happen in many different settings. Some of Pensacola’s most common cases include various situations where someone failed in their duty of care.
- Auto accidents, including car, truck, and motorcycle crashes
- Slip and fall incidents on business or residential property
- Medical malpractice by healthcare providers
- Workplace accidents and injuries
- Defective product injuries
Each type of case involves different legal issues and requires different approaches to gathering evidence and building a case.
Proving Negligence In Court
Successfully proving negligence requires credible evidence. This typically includes:
- Witness testimony
- Expert opinions
- Medical records
- Accident reports
- Photos
- Video footage
The burden of proof lies with the plaintiff. You must show each element by a “preponderance of the evidence,” meaning it’s more likely than not that the defendant’s negligence caused the harm.
Statute Of Limitations For Personal Injury Lawsuits
In Florida, as of March 24, 2023, the statute of limitations for most personal injury lawsuits was reduced from four to two years. This means you must file a lawsuit within two years of the date of injury, or you may lose your right to seek compensation.
However, certain types of cases, such as medical malpractice, wrongful death, or claims against government entities, may have different deadlines and notice requirements. Because missing these deadlines can permanently bar you from recovering compensation, speaking with an attorney as soon as possible after an injury is important.
Damages Available In Personal Injury Cases
When negligence causes harm, victims may be entitled to compensation for their losses. The law recognizes a few different types of damages.
- Economic Damages: medical bills, lost wages, property damage, and other measurable losses
- Non-Economic Damages: pain and suffering, emotional distress, and loss of enjoyment of life
In rare cases, punitive damages may be awarded when someone’s conduct was malicious or extremely reckless.
How An Attorney Can Help With Your Personal Injury Claim
Handling a personal injury claim that arises from negligence without legal help often leads to denied claims or smaller settlements. A lawyer provides many benefits in these complex cases.
They can:
- Investigate the facts of your injury
- Gather and save important evidence
- Talk to expert witnesses
- Handle all talks with insurance companies
- Calculate the full value of your damages
- Negotiate for maximum payment
- Represent you at trial if needed
The right attorney will make sure your case is properly presented and your rights are protected.
Contact Gross & Schuster Injury Lawyers For A Free Consultation
If you’ve been hurt due to someone else’s negligence in Pensacola or nearby areas, you don’t have to face the legal system alone. Gross & Schuster Injury Lawyers can provide the experienced help you need to get fair compensation for your injuries. With over $200 million recovered for our clients, we have a proven track record of fighting for the rights of personal injury victims.
Contact us today at (850) 434-3333 for a free consultation to discuss your case and learn how we can help you move forward after an injury.