Negligence

What is it? But they didn’t mean to do it, they didn’t intend to hurt anyone. Do I still have a case?

Negligence is not acting reasonably and you cause injury to someone. That is it. It does not require any intent, ill will, malice, or anger on the part of the person who caused the injury.

But just because you got hurt on someone else’s property or in a car crash does not mean you have a case. You do have to show that the other person or company was acting unreasonably.

And if the person or company which caused the crash or fall or injury was more than careless, was reckless, was angry, did not care whether they injured someone or not, that will go a long way to proving negligence.

What is ordinary negligence in Florida?

In Florida, ordinary negligence means failing to use reasonable care under the circumstances. This does not mean a person has to act perfectly. It just means that their actions fell short of how a cautious, reasonable person would have in the same or similar circumstances.

For example, if a store doesn’t clean a slippery floor in a busy walkway, or if a driver rear ends you because they were looking at their phone because they were distracted, this is likely just ordinary negligence.

The elements of ordinary negligence

To show that someone was negligent, Florida courts look at four main elements. Each one must be present for a claim to succeed.

Duty

The first element asks whether the person owed you a duty of care. A duty is simply a legal responsibility to act a certain way toward others. For instance, stores have a duty to keep aisles reasonably safe for shoppers, and drivers have a duty to pay attention on the road to prevent others from being injured.

Breach

After you’ve shown that this party owed you a duty of care, you need to provide evidence that they breached their duty. If a shop manager ignores a puddle after being told about it, or if a driver texts while moving, these can count as breaches.

Causation

Next is proving that the other person’s behavior – either their actions or lack thereof – caused the accident and your harm. This sounds simple, but it can sometimes get complicated. Just because you can prove that someone owed you a duty and they breached it doesn’t mean you have proven causation. You have to actually connect that negligence to the accident. For example, just because there was water on the floor doesn’t mean it caused your fall, unless you slipped in that exact puddle.

Damages

Finally, you must be able to show you were actually hurt physically, emotionally, or financially. Without bills for treatment, proof of lost wages, pain, or other actual damages, you won’t have a successful claim.

Insurance companies fight claims.

Insurance companies have lawyers on their side. They may try to reduce or deny your claim by questioning your story, hiring experts who challenge your evidence, or finding technical reasons to avoid paying. A personal injury lawyer knows how to keep you from falling into these traps or being pressured into an unfair settlement.

Collecting and protecting valuable evidence

Collecting the right evidence is critical in personal injury cases. While you can get some of this on your own, it can be difficult to collect certain types. Important proof, like camera footage or maintenance records, can disappear if it’s not requested on time.

Sometimes, businesses may even destroy records they consider unimportant. A personal injury lawyer knows how to send legal requests for this information so things are preserved correctly and are available when needed for your case.

Dealing with severe injuries can be overwhelming. Lawsuits take work, and the best way to get what you deserve is by getting adequate legal representation. Contact Hickey Law Firm today to schedule a free consultation with a personal injury lawyer in Florida. We’re here to handle your legal claim so you can focus on healing.