The Essential Elements of Negligence in St Pete Personal Injury Cases
Michael Babboni
Personal Injury
If you have recently been injured in an accident that wasn’t your fault, you probably want to learn more about your rights and what you can do.Florida negligence elements are the facts you are responsible for proving to obtain monetary compensation for any and all damages resulting from your accident and personal injury claim.
In an accident claim, negligence is one of the more common theories regarding liability in accident claims and generally covers acts considered reckless or careless.
What Are the Essential Elements of Negligence?
Under Florida negligence laws, one must prove four primary elements or key facts in their personal injury claim.
• Duty: You have to prove that the party responsible had a legal obligation to act with reasonable care.
• Breach: You have to prove that the other person or entity breached their duty of care to not cause the risk of harm.
• Causation: You have to show there is a link between the breach of duty and the accident where your injuries were caused.
• Damages: Finally, you must also prove that you sustained losses as a result of those injuries.
What Is Comparative Negligence?
If you can prove the four elements of negligence, there is still another Florida law that can ultimately affect the amount of compensation you can receive. Florida has a comparative fault statute. This puts your own conduct into the equation when it comes to determining fault and compensation.
According to this statute, the court can enter a judgment against each liable party based on their percentage of fault and not on the basis of the doctrine of joint and several liabilities.
For example, if you were hurt in an accident that resulted because another driver failed to stop at a red light, your compensation can be reduced if there is evidence that you were speeding at the time of the accident. Instead of receiving 100% of your compensation, your percentage of blame in the accident could reduce this.
What Are the Monetary Damages in These Cases?
When you prove the above four essential elements of negligence in Florida, you can recover medical costs, lost wages, pain and suffering, emotional distress, and losses based on how your injuries ultimately affect your personal relationships and diminished quality of life. Most of these damages in Florida are covered under an insurance policy.
According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), Pinellas County has already had 242 accidents as of January 2023. There was also a total of 15,646 crashes in the last year alone. The accidents themselves range in severity; however, there is a consistent 40% of these accidents end in injuries. As of January 14, 2023, there has been just one fatal accident, with a total of 113 fatal accidents in St Pete in the last year.
As you can see, these accidents are more common than we care to admit, so it is important to understand negligence in these cases and how it can affect the amount of compensation you receive for your injuries and damages.
Hire an Experienced Attorney
If you have been involved in an accident in St Pete or the surrounding area, you want to reach out to an experienced personal injury attorney who can help you prove the four elements of negligence. They will help you fight for a fair settlement while guiding you through the entire process, from start to finish.