Duty of Care and Your Florida Personal Injury Claim

Florida personal injury claim

A Florida personal injury claim allows you to receive compensation for injuries caused by the negligence of another person.  From a legal perspective, a personal injury claim is associated with a lawsuit by the victim to obtain compensation for the negligent actions of another person. In Florida, if you are intentionally harmed you are legally eligible to recover certain damages. A personal injury must always involve physical harm; however, it may also include property damages.

In most cases, compensation is provided for economic damages including medical expenses, lost wages, and property damages. In addition to your out-of-pocket expenses, you can also file for non-economic damages that primarily include pain, suffering, and emotional distress.

In 2019, there were 48.3 million injuries reported in the USA. You can file a personal injury lawsuit after a traffic accident that resulted in serious injuries. An injury is considered to be serious when it is permanent, causes permanent significant scarring, causes permanent loss of a body function, or even death.

If you are planning to file a Florida personal injury claim, there is basic information regarding the duty of care that you should know. The information includes what is the duty of care, how it impacts your case, and how it is used in legal proceedings to establish negligence. Duty of care can aid you to receive the financial compensation you need for the damages you have experienced.

What Is Duty of Care in a Florida Personal Injury Claim?

The duty of care in a Florida personal injury claim is to show obligation towards the safety of others. The duty of care is usually linked with the statutory obligation to act rationally; thus lowering the potential to harm others. If someone fails to comply with the duty of care they can be held responsible for the damages caused by their negligent behavior.

In an attempt to prove negligence in a case, it is essential to show that duty of care existed between the people involved. You might not be able to pursue a case if the duty of care cannot be proved.

It is a difficult process to determine negligence in a personal injury lawsuit. You will be needing the expertise and knowledge of a Tampa personal injury lawyer, who will assist you in strengthening the case and establishing fault for the personal injury claim. Your attorney will help you gather evidence to prove four basic elements of negligence.

  • Duty of Care:

It is particularly significant to show that the other party owed a duty of care. Every case has unique circumstances. According to your situation, you can establish an obligation for the other’s safety. For instance, both the parties were on the road at the same time or you have been invited to the personal property of another person.

  • Breach of Duty:

Proving that the duty of care was breached is crucial for the case. It can be showed by comparing another person with the same context, education, and background; and that they would have acted in the same way as a defendant to avoid any harm to people involved.

  • Causal Link:

The violation of the duty of care should be proved through substantial evidence. It is important to establish in court that the violation of the duty of care resulted in your injuries. A simple breach does not completely fulfill the requirement. Your attorney will establish the claim that if the duty of care was not breached, the plaintiff would not have suffered the injuries.

  • Damages Due to Negligence:

You need to prove the extent of your damages due to the injuries. It could be economic damages and non-economic damages. Injuries caused by an accident can lead to serious consequences such as emotional damage, financial damage, and property damage. You would need to clarify the ones you experienced.

Get in Touch With Competent Personal Injury Attorneys in Tampa, FL:

Several variables are linked with each case. The outcome of your case is highly dependent upon the expertise and experience of your personal injury attorney.  To achieve a successful Florida personal injury claim, consult our team of skilled Tampa personal injury attorneys. We aim to protect your legal rights while ensuring maximum claim for your damages.

We will help you in documentation, gathering essential evidence, negotiating, and filing a case on your behalf. If you or your loved ones suffer due to some else’s negligence, our team will guide you through the legal options. You should completely focus on healthy recovery while we protect your rights.

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