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Explaining Breach Of Duty Of Care

Below is a look at one of the central components of this legal analysis as it relates to Florida auto accidents in regards to injured person’s legal rights and options. You’ll also find information regarding how you should proceed if you need the help of a Florida auto accident lawyer.

Breach of the Duty of Care

There are four elements that must be proved in order for the plaintiff in a Florida personal injury lawsuit to succeed with his or her claim. One of those elements concerns the crux of whether the defendant was negligent. This element involves whether or not the defendant breached the legal duty of care that was owed to the plaintiff.

When it comes time to determine whether or not someone was negligent, the court must use what’s generally described as the ‘reasonable person’ standard. What this means is that the court will review the conduct and actions of the defendant and compare them to what a reasonable person would have done in similar circumstances. While this analysis necessarily involves the use of hypothetical situations, it’s the fairest way to come to some sort of tangible measurement of the defendant’s actions leading up to and during the accident that occurred.

Why You Need the Help of a Florida Auto Accident Lawyer

Over time, there have been many different cases that have helped to refine and further define how the reasonable person standard should be applied. In fact, some situations in which it seems that the defendant was unreasonable have been decided differently by courts and vice versa. Therefore, before making a decision by yourself regarding whether or not you should file a Florida personal injury lawsuit, you need the perspective of experience and intimate knowledge of the law and how courts have treated it before you make a final decision.

If you or someone you love has been harmed in an accident, you need the help of an experienced Florida auto accident lawyer who understands how to accurately complete this all-important analysis. Contact Bernstein & Maryanoff today to schedule a free initial consultation.