How to prove negligence in personal injury claims is a top concern for winning your case. Negligence refers to the failure to exercise a reasonable level of care, resulting in harm or injury to another person. Understanding the elements of negligence surrounding Florida personal injury cases sheds light on their complexity and the importance of proper legal representation.
How Common Is Negligence in Personal Injury Cases?
Unfortunately, negligence is all too common in personal injury accidents:
- In 2020, the National Highway Traffic Safety Administration reported 5,250,837 police-reported traffic crashes in which 38,824 people were killed and an estimated 2,282,015 people were injured.
- The National Safety Council reports that unintentional injuries, which often involve elements of negligence, rank as the third leading cause of death in the U.S., with over 200,000 fatalities annually.
- The Florida Highway Safety and Motor Vehicles (FLHSMV) Crash Dashboard reveals that between January 1 and July 25, 2024, there were 208,531 crashes, 135,384 injuries, and 1,687 deaths throughout the state.
Personal injuries refer specifically to harm experienced by individuals, as distinct from damage to property. When someone suffers a personal injury as a result of another party’s negligence—either through their actions or failure to act—they may have the right to file a lawsuit under Florida law to seek compensation for their damages.
How Is Negligence Legally Defined?
The Cornell School of Law Legal Information Institute defines negligence as “the failure to behave with the level of care that a reasonable person would have exercised under the same circumstances. Either a person’s actions or omissions of actions can be found negligent. The omission of actions is considered negligent only when the person had a duty to act (e.g., a duty to help someone because of one’s own previous conduct).”
Key Elements of Negligence in Personal Injury Lawsuits
Under Florida law, individuals who can demonstrate that another person or entity acted negligently and caused them physical harm are entitled to pursue fair compensation for their injuries. What is the role of the plaintiff in proving negligence? To establish negligence, a plaintiff must prove four essential elements:
- Duty of Care: The defendant had a legal obligation to act with a certain standard of care toward the plaintiff.
- Breach of Duty: The defendant failed to meet that standard of care, either through action or inaction.
- Causation: The breach of duty caused the injury. This often includes both direct causation and proximate causation.
- Damages: The plaintiff suffered actual harm or injury as a result of the breach.
Collecting evidence and demonstrating how the defendant’s negligent behavior directly caused or contributed to your personal injury accident underscores the importance of competent and knowledgeable legal representation in personal injury cases.
What If I Am Partially At Fault In a Personal Injury Accident?
On March 24, 2023, Florida Governor Ron DeSantis enacted HB 837, a comprehensive tort reform bill aimed at transforming the state’s litigation framework. One of the key changes introduced by this legislation is the implementation of a modified comparative negligence system for personal injury claims.
Under this new system, individuals deemed to be more than 50% responsible for their injuries will be prohibited from recovering any compensation. In cases where individuals are found to be 50% or less at fault for their injuries, they are eligible to receive compensation; however, the amount granted will be reduced according to their level of responsibility as assessed by a jury. Thus, the total compensation awarded will reflect the proportion of fault attributed to the injured party.
In other words, if you are determined to be 25% at fault for a car accident, and the other party’s negligence was judged to be 75% responsible, your overall lawsuit compensation would be reduced by 25%.
This rule does not extend to claims involving medical negligence.
Need Help Proving Negligence? Contact Florida Personal Injury Accident Attorneys
Proving negligence in personal injury cases is a critical and often challenging process that hinges on demonstrating the key elements of duty, breach, causation, and damages. With the prevalence of personal injury incidents and the high stakes involved, individuals seeking to prove negligence should seek seasoned legal support to navigate the complexities of the legal system effectively. Contact Parrish & Goodman, Attorneys at Law, to request your free consultation after a Florida personal injury accident.