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How To Prove Negligence In Florida


Proving negligence is one of the most important tasks for any plaintiff who wants to successfully resolve a personal injury lawsuit. If you have been injured by someone else’s carelessness or recklessness in Florida, you cannot receive any compensation until you prove negligence. While proving negligence can sometimes be challenging, you can give yourself a solid chance of success when you work with a qualified, experienced personal injury attorney in Orlando.

After getting in touch with one of these attorneys, you’ll book your first consultation. During this initial meeting, your attorney will assess your unique situation and start developing an effective action plan. They will help you gather the necessary evidence to prove negligence and ensure that you receive a fair, adequate settlement for your injuries. This settlement can help you pay for medical expenses, missed wages, and a range of non-economic damages.

The Elements of Negligence 

If you want to prove that someone else’s recklessness and misconduct caused your injuries, you’ll need to establish the four elements of negligence:

  • Duty of Care: First, you’ll need to establish that the defendant actually owed you a duty of care. In other words, you expected them to act in a more reasonable manner prior to the injury. There are many people who may owe you a duty of care. For example, a property owner owes members of the public a duty of care. Doctors also owe their patients a duty of care, and product manufacturers owe consumers a certain duty of care.
  • Breach of Duty: Next, you’ll need to show that the defendant failed in their duty of care. For example, a property owner may have failed to follow proper buildings codes, resulting in an unsafe building. Perhaps a doctor botched a simple surgery, or maybe a product manufacturer sold you an item with a dangerous defect.
  • Causation: You are then required to show a clear link between the defendant’s failure to provide you with a duty of care and the injury itself. For example, you may have fallen on stairs that were not built according to code because the incline was too steep.
  • Injuries: Finally, you’ll need to prove that your injuries are legitimate. Usually, this is as simple as showing your medical records.

When Proving Negligence is Not Necessary 

While proving negligence after an injury is often important, this step isn’t always necessary. Since Florida is a “no-fault” state, you likely won’t have to prove negligence if you have been injured in a car accident. In this situation, you would simply turn to your own insurance provider to receive compensation for your damages. This is because all Florida drivers are required to have Personal Insurance Protection (PIP), and this means that you can file an injury claim without blaming anyone for the crash. In many ways, this makes getting your hands on compensation much easier.

 Enlist the Help of a Qualified Attorney Today 

If you need help from an experienced Orlando personal injury attorney, look no further than Payer Law. Over the years, we have helped numerous injured victims prove negligence. We know how important this step can be, especially if you’re relying on a future settlement to pay medical bills and cover missed wages. Book your consultation today, and we’ll fight for your rights with an effective action plan.

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