![Proving Negligence in Personal Injury Cases]( "Proving Negligence in Personal Injury Cases")
Proving Negligence in Personal Injury Cases:
Proving negligence in personal injury cases is paramount to the injured party and whether or not they may be entitled to monetary compensation from the negligence of another person which resulted in their injury.
In the United States, this system is complex and controversial. Having an experienced personal injury attorney is essential in proving negligence as these cases can be extremely complex and difficult to win.
Proving negligence in Florida involves demonstrating that the defendant had a duty to act reasonably, breached that duty, caused your injury, and that you suffered actual damages as a result. In Florida, you also need to be aware of comparative negligence and how it could reduce your compensation if you were partially at fault.
Proving negligence often requires some or all of the following types of evidence:
- Eyewitness Testimony: Statements from people who saw the incident happen or can speak to the conditions (e.g., weather, traffic).
- Physical Evidence: Photos of the accident scene, the hazard (e.g., wet floor, broken equipment), or damage to property (e.g., vehicle).
- Medical Records: Documentation of injuries, treatment, and recovery process. This can also include expert testimony from doctors about how injuries were caused by the defendant’s negligence.
- Accident Reports: Police or incident reports, especially in car accidents or workplace injuries, can provide crucial information about how the accident happened.
- Expert Testimony: In some cases, expert testimony (e.g., from accident reconstruction specialists, medical professionals, or safety experts) can help prove that the defendant’s actions directly caused the injuries.
To make a claim you must prove the person you believe is responsible for your personal injury, loss or damage:
- Owed you a duty of care and breached the duty of care they owed you.
- You suffered a loss or injury or other damage.
- Your loss, injury or the damage occurred as a result of the breach of the duty of care.
Personal Injuries must be:
(1) reasonably foreseeable
(2) there must be a relationship of proximity between the plaintiff and defendant and
(3) it must be ‘fair, just and reasonable’ to impose liability.
However, these act as guidelines for the courts in establishing a duty of care; much of the principle is still at the discretion of judges.
All of these things need to be shown for a successful claim. There are laws setting out the requirements for making a personal injury claim and legal advice is strongly recommended.
Our Tampa Lawyers are ready to provide you with a detailed consultation for FREE!
The Tampa personal injury lawyers at Fernandez Law Group devote a great deal of our civil practice to complex personal injury, mass torts, and medical malpractice cases.
Examples of Proving Negligence in Different Personal Injury Cases
1. Car Accidents
In a car accident case, proving negligence might look like this:
- Duty: Every driver has a duty to drive safely and follow traffic laws.
- Breach: The other driver was speeding or ran a red light.
- Causation: Because the other driver ran the red light, they caused a crash with your car.
- Damages: You suffered injuries that required medical treatment and caused you to miss work.
In Florida, the comparative negligence rule applies, meaning that if you’re partly at fault (e.g., you weren’t wearing a seatbelt), the court will reduce your damages proportionally. For example, if you are 20% at fault, and your total damages amount to $100,000, you would only receive $80,000.
2. Premises Liability (Slip and Fall)
In a slip-and-fall case, proving negligence may look like this:
- Duty: The store owner has a duty to maintain safe conditions for customers.
- Breach: The store owner failed to clean up a spilled drink or didn’t put up a warning sign.
- Causation: You slipped on the wet floor and fell because the store owner didn’t clean it up or warn you.
- Damages: You suffered a broken ankle, which required medical treatment and caused you to miss work.
You must show that the store owner knew or should have known about the dangerous condition and failed to act in time. In Florida, the burden of proof may be easier if you can show that the condition existed long enough that the property owner should have noticed and fixed it.
After years of representing hundreds of clients all over the State of Florida, our firm has established a solid reputation of seeking justice, proving negligence, and receiving settlements for injured persons. We are committed to providing our clients with the best legal representation available.
Martindale Hubbell peers and judges have rated us as having the highest levels of legal ability and professional ethics. Our Tampa personal injury attorneys are supported by a superior staff of Legal Assistants.
If you or a loved one has a question about a potential personal injury case or if you’re in need of a personal injury lawyer in Tampa, we hope that you will contact our office for a free consultation.