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Elements Needed to Prove a Florida Personal Injury Claim

Establishing Duty to Exercise Reasonable Care to Prove a Florida Personal Injury Claim

The duty to exercise reasonable care refers to the responsibility someone may have to another person to prevent injury.  It is the obligation of every person to protect another against unreasonable risk of injury. In Florida, the defendant owes a duty of reasonable care to people within the foreseeable zone of danger. 

For example, duties of care include paying attention to the road and driving safely to avoid car accidents. Every driver has the duty to keep other members of the public safe to the best of their abilities. Another instance is where a doctor owes a patient a legal duty to provide them with competent medical care.

A Breach of Duty of Care

A breach of duty refers to an act or omission that falls outside the defendant's legal duty of care to someone. People are expected to be a reasonably prudent person. The term "reasonably prudent person" refers to a legal standard that represents how an average person would reasonably act in a given situation. 

Negligence is mostly the basis for personal injury claims in Florida. This refers to the failure of upholding a standard of care towards the other person. Proving someone else's negligence during your injury claim may take accounts from eyewitnesses, testimony from subject-matter experts, surveillance footage and other forms of evidence.

Damages Available in Personal Injury Claim
Economic or Special Damages Economic or special damages refer to the medical bills incurred by the victim. These medical bills are included in their personal injury claim. Every expense they spent has had to pay out over the course of receiving treatment, and should also factor in what future medical costs will be.  
Punitive Damages This type of damage is specifically designed to hold the defendant responsible for their negligent actions which lead to personal injuries on the plaintiff's side. This is awarded by the judge if they do not believe that the other damages amount to a reasonable judgment.
Non-economic Damages Non-economic damages are awarded upon the evaluation of elements like pain and suffering, inconvenience, emotional distress, loss of consortium, or loss of enjoyment in life. Emotional distress can be difficult to prove but psychiatric records and medical diagnoses can be presented as evidence. 

If you’ve been injured in an accident that wasn’t your fault, your rights are based on Florida negligence elements. Contact Tom Grajek now to help with your personal injury claims.

Causation’s Role When it Comes to Florida Personal Injury Claims

Causation is the link between the defendant’s breach of duty and your injuries. It must be established that there is a causal relationship between the defendant's actions and the accident or injuries in question. Another aspect of this element is whether the defendant could reasonably have foreseen that his or her actions might cause an injury. 

There are many intervening or superseding causes that affect the complexity of the case. An experienced personal injury attorney can provide enough evidence to show without reasonable doubt that the plaintiff's actions were directed towards the defendant to cause harm. 

Specific Damages

The Florida civil justice system requires proof of real, specific damages if you wish to bring a personal injury claim. It must be proven that the victim sustained losses because of the injuries.

This element requires that the court be able to compensate the plaintiff for their injury usually through monetary compensation for expenses such as medical care or property repair.  The value of the case depends on the circumstances of the accident. Without compensable damages, the victim does not have grounds for a lawsuit.

Pro Tip

Filing a personal injury lawsuit and claim takes time. Be guided and directed by a personal injury attorney.

Contact a Florida Personal Injury Attorney

For car accidents, Florida is one of the states that have Personal Injury Protection (no fault) auto insurance. The intention is to provide injured drivers up to $10,000 in immediate medical coverage in lieu of establishing fault through the court system. 

In Florida, the victims need to seek first compensation through their Personal Injury Protection coverage and exhaust their policy limit before they can seek additional compensation through a lawsuit.

In other cases involving negligence, the plaintiff is covered by the insurance policy. For example, recovering from a slip and fall accident in a workplace, a victim can file a claim with the insurance company that handles their employers or the company they are working with. 

The most important step is to seek guidance and consult with a personal injury attorney. Talk to Tom Grajek to learn how to maximize the compensation from a personal injury claim.

FAQs about Personal Injury Claims in Florida

Establishing Duty to Exercise Reasonable Care to Prove a Florida Personal Injury Claim

The duty to exercise reasonable care refers to the responsibility someone may have to another person to prevent injury.  It is the obligation of every person to protect another against unreasonable risk of injury. In Florida, the defendant owes a duty of reasonable care to people within the foreseeable zone of danger.

For example, duties of care include paying attention to the road and driving safely to avoid car accidents. Every driver has the duty to keep other members of the public safe to the best of their abilities. Another instance is where a doctor owes a patient a legal duty to provide them with competent medical care.

A Breach of Duty of Care

A breach of duty refers to an act or omission that falls outside the defendant’s legal duty of care to someone. People are expected to be a reasonably prudent person. The term “reasonably prudent person” refers to a legal standard that represents how an average person would reasonably act in a given situation.

Negligence is mostly the basis for personal injury claims in Florida. This refers to the failure of upholding a standard of care towards the other person. Proving someone else’s negligence during your injury claim may take accounts from eyewitnesses, testimony from subject-matter experts, surveillance footage and other forms of evidence.

Damages Available in Personal Injury Claim
Economic or Special Damages Economic or special damages refer to the medical bills incurred by the victim. These medical bills are included in their personal injury claim. Every expense they spent has had to pay out over the course of receiving treatment, and should also factor in what future medical costs will be.
Punitive Damages This type of damage is specifically designed to hold the defendant responsible for their negligent actions which lead to personal injuries on the plaintiff’s side. This is awarded by the judge if they do not believe that the other damages amount to a reasonable judgment.
Non-economic Damages Non-economic damages are awarded upon the evaluation of elements like pain and suffering, inconvenience, emotional distress, loss of consortium, or loss of enjoyment in life. Emotional distress can be difficult to prove but psychiatric records and medical diagnoses can be presented as evidence.

If you’ve been injured in an accident that wasn’t your fault, your rights are based on Florida negligence elements. Contact Tom Grajek now to help with your personal injury claims.

Causation’s Role When it Comes to Florida Personal Injury Claims

Causation is the link between the defendant’s breach of duty and your injuries. It must be established that there is a causal relationship between the defendant’s actions and the accident or injuries in question. Another aspect of this element is whether the defendant could reasonably have foreseen that his or her actions might cause an injury.

There are many intervening or superseding causes that affect the complexity of the case. An experienced personal injury attorney can provide enough evidence to show without reasonable doubt that the plaintiff’s actions were directed towards the defendant to cause harm.

Specific Damages

The Florida civil justice system requires proof of real, specific damages if you wish to bring a personal injury claim. It must be proven that the victim sustained losses because of the injuries.

This element requires that the court be able to compensate the plaintiff for their injury usually through monetary compensation for expenses such as medical care or property repair.  The value of the case depends on the circumstances of the accident. Without compensable damages, the victim does not have grounds for a lawsuit.

Pro Tip

Filing a personal injury lawsuit and claim takes time. Be guided and directed by a personal injury attorney.

Contact a Florida Personal Injury Attorney

For car accidents, Florida is one of the states that have Personal Injury Protection (no fault) auto insurance. The intention is to provide injured drivers up to $10,000 in immediate medical coverage in lieu of establishing fault through the court system.

In Florida, the victims need to seek first compensation through their Personal Injury Protection coverage and exhaust their policy limit before they can seek additional compensation through a lawsuit.

In other cases involving negligence, the plaintiff is covered by the insurance policy. For example, recovering from a slip and fall accident in a workplace, a victim can file a claim with the insurance company that handles their employers or the company they are working with.

The most important step is to seek guidance and consult with a personal injury attorney. Talk to Tom Grajek to learn how to maximize the compensation from a personal injury claim.

FAQs about Personal Injury Claims in Florida

How are personal injury settlements paid out in Florida?

Category: Elements Needed to Prove a Florida Personal Injury Claim

Most personal injury attorneys operate on a contingency fee basis. This means that plaintiffs do not have to pay until they are compensated or received a financial reward. Once they have the settlement, they will pay the attorney a percentage of the total amount for their services.

What is the average time to settle a personal injury lawsuit in Florida?

Category: Elements Needed to Prove a Florida Personal Injury Claim

Every case is different, so there is no definite amount of time that a case will be resolved. In an average, a Florida injury lawsuit takes nine to eighteen months. A typical Florida accident case timelines progresses through the same steps as the processes are similar despite the variation of each case.

What is the statute of limitations for personal injury cases in Florida?

Category: Elements Needed to Prove a Florida Personal Injury Claim

Under Florida’s statute of limitations for personal injury cases, victims have four years from the date of the accident to file a lawsuit in Florida’s civil courts (this law can be found at Florida Statutes Annotated section 95.11(3)). If they don’t file their case within this time window, the court will very likely refuse to hear it at all.

Categories: Personal Injury
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