Florida Auto Accidents

Elements of Negligence

Florida auto accidents are one of the leading causes of personal injury lawsuits in the state, and while many people assume that obtaining compensation for damages incurred in an accident that was not their fault is simply a matter of filing a claim, the reality is that there is much more involved and that help from an experienced Florida auto accident lawyer is highly recommended.  Below is a brief overview of the elements of negligence necessary for successful proof of a claim in a Florida personal injury lawsuit.

Duty of Care

The law assigns a duty of care to people who may encounter others in almost any situation.  When it comes to automobiles, this duty of care assigned to anyone behind the wheel extends to anyone else who could be in the area or who may have to deal with or react to the actions of that driver.  This includes other motorists, bicyclists or pedestrians and any passengers in the vehicle at the time.  The plaintiff must prove the presence of this duty in order to establish negligence.

Breach of the Duty of Care

After the presence of this legal duty has been established, the plaintiff in a Florida auto accident lawsuit must then prove that the defendant breached this duty.  The standard that's used is that of what a reasonable person would have done in like circumstances.  Therefore, the plaintiff must show that the defendant did not act as a reasonable person would have in that situation.

Causation

After the first two elements have been established, the plaintiff must prove a very tricky and difficult concept known as causation.  Broken down to its simplest form, causation involves proving that the defendants breach of the duty of care either directly or indirectly led to the injuries suffered and damages incurred by the plaintiff. 

Damages

Finally, if the three elements of negligence above are proven, the plaintiff must prove to the court that he or she has suffered actual damages in order to win the case.  Damages can be proven in direct form with costs such as medical bills or lost income, but Florida personal injury cases also allow for a claim of pain and suffering damages.

Ultimately, proving the presence of negligence in a Florida auto accident lawsuit is an involved and technical process that also requires the powers of argument and persuasion.  These characteristics are honed by experienced Florida auto accident lawyers over years of successful practice.  If you or someone you love has been harmed in an accident, seek the help of Florida auto accident lawyers who have years of experience in successfully proving negligence on behalf of their clients. 

Contact Bernstein & Maryanoff today to schedule a free initial consultation.