Negligence can be a tricky concept to grasp. Plus, when you consider all the different types of negligence — such as collateral negligence, concurrent negligence, and contributory negligence — personal injury victims are often left wondering what negligence really is and how to prove it in court. As the top-rated negligence attorney in Zephyrhills, Florida that specializes in personal injury cases, we are going to discuss everything you’ll need to know about proving negligence in the State of Florida below.
What are the Elements of Negligence?
Negligence is primarily classified into four elements: duty, breach, causation, and damages. We are going to discuss each element below — but before we do that, it’s worth noting that your Zephyrhills negligence attorney must prove all four to win a lawsuit for negligence in the State of Florida.
1. Duty
In Florida, many negligence cases are determined by whether the defendant owed the plaintiff a duty. When the law requires the defendant to act in a certain way — often with a standard of care — toward the plaintiff, that is when the element of duty comes into play. The judge, not the jury, decides whether a defendant owed a duty of care to a plaintiff.
2. Breach
It is not enough for the plaintiff to show that the defendant owed them a duty of care. The plaintiff must also prove that the defendant breached their duty in some way. A breach occurs when the defendant fails to use reasonable care in carrying out their duty. For example, if the defendant runs a stop sign, they have breached their duty to other drivers on the road by not driving their vehicle safely. By reviewing all the facts of the case, the jury will decide whether the defendant breached their duty of care.
3. Causation
Causation is relatively straightforward — to win a negligence claim, your Zephyrhills negligence attorney must also prove that the defendant’s actions were the direct cause of their client’s injuries. This is often the most contentious aspect of negligence cases in Florida. Medical evidence — such as physical examination reports and diagnostic test results — is often necessary to prove that the defendant’s negligence caused the injuries sustained by the plaintiff.
4. Damages
In a negligence case, the plaintiff must prove a legally recognized form of damage, which is often in the form of physical injury or property damage — such as damage to the plaintiff’s car in an auto accident, for example. It is not enough to prove that the defendant failed to act with reasonable care. Their negligent conduct must also cause actual harm to someone to whom they owed a duty of care.
Why Do You Need an Experienced Zephyrhills Personal Injury Attorney on Your Side?
Even if you believe you have all the elements of a negligence case covered, it’s still important to partner with a professional negligence attorney in Zephyrhills, Florida that can help you build a convincing case and secure the win. A qualified and experienced attorney will know which evidence to present in your case, how to quantify damages accurately, and how to negotiate with the defendant’s insurance company.
Are You Looking for the Best Personal Injury Attorney in Zephyrhills, Florida?
If you or a loved one has been injured in an accident in the Zephyrhills area due to someone else’s negligence, Tonya Stewart Law is here to help. As the top-rated negligence attorney in Zephyrhills, Florida, Tonya can help you build a compelling case by proving the at-fault party’s negligence and how their negligence caused your injuries, ensuring you receive the compensation you deserve. Contact us today at (863) 241-5504 to schedule a free legal consultation with our team.