Winters & Yonker Personal Injury Lawyers located in Tampa, FL

What Is Breach of Duty?

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What Is Breach of Duty?

A duty of care is an obligation or requirement to act in a specific manner as required by custom, law, or morality. A breach of duty is failing to act in the manner required by your duty of care. Duty and breach of duty are the first two elements of a negligence claim.

Negligence is the basis for most personal injury claims in Florida. It is the failure to act with a reasonable level of care to prevent an increased risk of harm or injury to another person. In other words, it’s failing to avoid reckless and careless conduct that could cause an accident or injury.

How Does Breach of Duty Apply in a Personal Injury Claim Based on Negligence?

How Does Breach of Duty Apply in a Personal Injury Claim Based on Negligence?

An injured party (plaintiff) has the burden of proving all four elements of negligence. The elements link together to create a chain of causation that leads to damages. You will not win your case if you cannot prove all four elements.

Before applying breach of duty to the case, you must define the duty of care.

Duty of Care

You must prove that the defendant owed you a legal duty of care and what that duty of care was given the circumstances. In most situations, everyone owes a duty of care not to put others at risk of harm or injury. 

However, the specific duty owed varies depending on the relationship between the parties and the situation. For example, Florida drivers have a duty to drive with reasonable caution and obey traffic laws to avoid car accidents

You must know the appropriate level of care before you can prove breach of duty. The level of care is based on the “reasonable person” standard. The defendant must have acted with the same level of care that a person with ordinary prudence would have used, given the same set of circumstances. 

Breaching the Duty of Care

Now that you have established the duty of care and the level of care that should have been used, you must prove that the defendant breached the duty of care. In other words, they failed to act or acted in a way that was inconsistent with what a reasonable person would have done in the same situation. 

For example, drivers must obey traffic signals. They must stop for red lights and remain stopped until the light turns green and they have the right of way. Running a red light would be considered a breach of duty because a reasonably prudent person obeys traffic laws.

Evidence that could be used to prove a breach of duty might include:

  • Video from traffic cameras or nearby surveillance cameras
  • Testimony from eyewitnesses
  • Statements from the injured party
  • Opinions from accident reconstructionists and other expert witnesses
  • Physical evidence from the accident scene and the vehicles

Proving breach of duty might be challenging in some cases. A Florida personal injury lawyer will investigate the cause of the accident or injury to gather evidence. The sooner you contact a lawyer, the quicker the lawyer can begin collecting and preserving evidence necessary to prove breach of duty.

Causation 

Even if you proved a breach of duty, you have not won the case. You must also prove the last two elements of negligence to hold the defendant responsible for your damages.

Causation is the reason something happens. In a personal injury case, it is the reason you are injured. 

Proving causation requires you to prove:

  • Direct or Factual Cause – The actual reason you were injured or the “but for” test. You would not have been injured “but for” the other party’s conduct.
  • Proximate Cause – Your injuries were a foreseeable consequence of the defendant’s conduct.

Causation can be difficult to prove in some personal injury cases. You must prove both elements to establish causation. One without the other is not sufficient.

Damages

If you did not sustain damages, you cannot receive compensation from the at-fault party. Therefore, proving damages is just as important as proving breach of duty. 

Compensatory damages include economic damages and non-economic damages

Examples of these damages include:

  • The pain and suffering caused by physical injuries
  • The medical costs to treat your physical injuries, including diagnostic tests, doctor’s bills, surgery costs, nursing care, physical therapy, and medications 
  • Loss of income and benefits, including diminished earning potential and future lost wages because of a permanent impairment
  • Out-of-pockets expenses and costs, including help with household chores and personal care
  • Emotional distress and mental anguish
  • Loss of enjoyment of life
  • Disfigurement, impairments, scarring, and disabilities 
  • A decrease in your quality of life

The value of your damages and how much your claim is worth depend on many factors. Permanent impairments and catastrophic injuries generally increase the value of damages. However, allegations of comparative fault could reduce the compensation you receive. 

Your attorney will diligently document your damages to maximize the value of your personal injury claim

Contact a Florida Personal Injury Lawyer For Help Proving a Breach of Duty and Other Elements of Negligence

Our Florida personal injury attorneys from Winters & Yonker Personal Injury Lawyers will help you prove the legal elements of your case to recover compensation for damages.

Call or contact our law office today to schedule a free consultation with one of our experienced lawyers. We have five convenient locations in Florida, including Tampa, Clearwater, St. Petersburg, New Port Richey, and Lakeland. 

Anthony David
Anthony David
1695918895
Winters & Yonker are an extremely knowledgeable car accident attorneys in Tampa. Marc represented me injured in a car crash when I was coming off I-4. He is clearly the best in the field! The entire team at his firm is AMAZING!!!They helped through my whole process always keeping me up to date. They referenced me to the best doctors to assist in my recovery. I always felt comfortable with every part of it specially now in the pandemic time. The stuff is very friendly and always available for you. I specifically like to thank PRE-LITIGATION department. They were passionate, dedicated and professional. Marc worked very hard on my case and did fantastic job!!! I am very pleased with the outcome of my case. The results are outstanding. I highly recommend Marc and his entire Firm. You guys are AWESOME! Thank You to everyone at this firm!
Karla Rogers
Karla Rogers
1695770121
Best lawyer ever! I had an accident gave them a call and like three months later, case Settled and full payout... Excellent service!
Lenette Montalvo
Lenette Montalvo
1695641293
Christopher from Winter and Yonker was amazing. Very nice person to talk to, listen to what I had to say, and even gave his opinion when needed. From start to finish I felt very important and I was impressed by this law firm every one i spoke to made me feel safe and comfortableto. My accident has done a lot of damage to me, and knowing I had an attorney from Winters and Yonker on my side made me feel great. My compensation for my accident is amazing and it will help me in my life. Thank you very much I will definitely recommend this law firm.
coleman vera
coleman vera
1694712772
I went to Winter & Yonker Law Firm for my Tampa car accident case I was involved in. My case manager throughout the process and she took care of me from start to finish. The process was very seamless, I received the medical treatment that I needed immediately and at the very end, concluded with a very rewarding settlement. I've worked with a few law firms from prior accidents and none can compare to the service OR expertise I received from Mr. Yonker.👉 If you're seeking help for an injury related case, I would definitely recommend working with him and their amazing legal staff at Winter & Yonker Firm in Tampa. I will always use this firm for all my Personal Injury Claims! If you are l@@king for an Attorney to give you Top Notch legal help and the MOST money for your Pain & Suffering then take it from me I'm a paralegal and this firm continues to OUTSHINE them all!
Meredith Wilson
Meredith Wilson
1694489029
This was my first personal injury experience. I wanted to choose a law office I could trust. A friend of mine recommended the law offices of Winters & Yonker, Personal Injury Lawyers in Tampa. Through the entire process Attorney Marc Yonkers was helpful and communication was stellar. I never felt out the loop. I felt confident throughout entire process. Which this month (Sept. 2023) they were able to settle my accident case successfully and to my 100% satisfaction. I cannot recommend Winters & Yonker and or Marc any higher. In short they are firm, fair, aggressive, responsive, super smart and know the numerous ins and outs of Personal Injury cases (which can be quite complicated). Upon hiring them you get a law firm that will leave you confident that your case will be handled expertly and with your interests front and center.
Geneva Ramirez
Geneva Ramirez
1694089126
Winters and Yonkers has been a legend of the Tampa Bay personal injury Attorney community for a long time. I was in a car accident recently with my husband, we suffered back and neck pains after two days and thought to get someone’s help. I found Winters & Yonker Personal Injury Lawyers through a google search and called them right up. The same day Mr. Winters contacted both of us, listened, and was compassionate to our situation. He helped us through the entire process including getting me seen by a Doctor so we could heal our injuries correctly, and we got our medical bills reduced! Bill Winters, my case manager, and the entire staff were very knowledgeable and exceptional at their work. We would like to express my sincere gratitude to them and recommend them without any hesitation to anybody who needs help, don't try and fight the at fault's insurance on your own. If you're injured and need someone to protect your rights you won't find a better Attorney than Bill Winters at Winters & Yonkers!-Geneva, Tampa FL#personalinjurylawyer #caraccidentlawyer #tampainjuryattorney
Shelley Torres
Shelley Torres
1694088835
Bum Boi
Bum Boi
1693705250
My wife and I are work in Mediation and Arbitration but know nothing about personal injury cases. When a young delivery Truck driver who was distracted by his phone hit us at full speed and rear-ended us as we were stopped in traffic on Wesley chapel. We knew we needed to hire the best lawyers with PI experience and expertise in the Tampa legal community that we could.From our first phone call with Bill Winters and then all the way through Trial preparation then Trial, we never felt any bad about our case because we knew Bill and the entire staff at Winters and Yonker would take care of us.Their dedication, innovation, motivation, reliability, unparalleled intellect, and exceptional skill as trial lawyers make them extraordinary individuals. My experience working with them was nothing short of exceptional. Experiencing a car accident is an ordeal that encompasses fear, trauma, and frustration. It's a life-changing event in anyone's life. There was no amount of money that could ever make me alright, because I would give any amount of cash to not have to go through the nightmare that the car accident was and continues to be.It took almost 2 years from the time of the car crash to go to trial, but ultimately the jury verdict that Bill Winters got for my family was worth fighting for. There were so many times over the course of the three years that we actively realized how amazing it was that we felt no anxiety or concerns or worries about our case, because Bill is truly outstanding!If you or anyone you know gets hurt in a car accident, call Winters and Yonkers RIGHT AWAY! And then rest assured that you, your family, or friends are being cared for by the ABSOLUTE BEST legal team in Tampa Bay. Thank you, Winters & Yonker!
Glenda Litimco
Glenda Litimco
1693536170
Winters & Yonker law firm did excellent work with my injury case. Luckily, I was referred to Winters & Yonker from a good friend after I was injured in a car accident. I did some initial research about injury lawyers near me, but the reviews for this office really stood out to me in Tampa. I decided to call and after a single phone conversation, the choice was easy to make! Not only was everyone extremely professional, they made the entire process smooth and clear. I was at ease with each step of the way because they were always there to answer my questions and keep me informed of what was happening. All expectations were met and my settlement was exceeded. I got much more than I thought was even possible from the insurance company. I highly recommend the Winters & Yonker Personal Injury Lawyers, and their team in Tampa to anyone in need of help after a car, truck, or motorcycle accident. You'll be in good hands!
Dandrea Ikner
Dandrea Ikner
1693513818
This is the best lawyer in town
Nicky Warner
Nicky Warner
1692997375
Max was amazing! He kept me updated throughout the whole process and was extremely easy to talk with. He also explained everything so I can completely understand it. It was an amazing experience. Thank you, Max!
Erika Smith
Erika Smith
1692795764
I had a great experience with them! They truly care about you!! Thank you so much🤗
Jonathan Clem
Jonathan Clem
1692661489
I was injured in a car crash here in town. Since it was essentially a "he said she said" accident case the opposing insurance claimed it was a 50/50 fault. Even though it clearly could not have been my fault. However, Bill worked diligently to get me everything I was needed to get my life back. He worked to get me access to all the doctors I needed and medical treamtment for my neck and back. Plus, a large settlement amount. Bill even took the time to calm me down when I saw the initial amount and cost for seeing my medical bills piling up! He even managed to get them to reduce their bills significantly! Plus, I received as much as possible. Winters & Yonker Personal Injury Lawyers in Tampa provided a great legal service. They were strait forward and honest about the approach, and communicated every aspect of the process. The firm took care of everything. I would 100% without a doubt recommend him if I knew someone that need a personal injury attorney. Given the circumstances of our introduction I hope I never have to, BUT Bill Winters will definitely be my first call if I'm ever injured again!
marie silvers
marie silvers
1692107771
They are the Best! They care about you as a person!
jorden reagan
jorden reagan
1692106640
Everyone on their staff is amazing! Chris and Sara won my case and helped me out with an accident that occurred a few months back. They made the entire process so easy! They called with case updates but not too often where it was constant phone calls. It was just enough to know what was going on the whole time without being bombarded. Thankful for Tayler on their staff who helped inform me on why Winters and Yonker was the best choice to go with!
Kimberly Rushton
Kimberly Rushton
1691849813
Yes, I would highly recommend winners in Yonkers. I worked with Trevor and Trevor was the best. I recommend anyone that ever needs a lawyer to go to them. They are the best.
Pat Pawelkop
Pat Pawelkop
1691761083
Highly recommend. Bill Winters and his staff took time to answer my questions, and handled my case in a timely and professional manner. I almost didn't contact a lawyer over my "small" injury case because I feared it would be so difficult and stressful. But he got me the settlement that my insurance company owed me, and I would never have been able to do that on my own. And with less stress that I anticipated. I'm glad I called them.
Amysway Barton
Amysway Barton
1691599586
Always available
Certified Soul
Certified Soul
1691535470
Winters and Yonker is who you want to go to when you get in a car accident because they will take care of you and won’t let you get low balled on your settlement. I got in a car accident where my back and shoulder was injured and I was referred to a attorney named Trevor. I appreciate Trevor for handling my case and keeping me informed with all the information I needed.
Sean S
Sean S
1687270653
One of the best law firms in Tampa. My family was involved in a serious car accident. We went to that other personal injury firm with the two M's they were trying to make us settle the case quickly and they we're not listening to us with the arrogant attitude that they were the experts and we were just ignorant. We promptly fired them and then hired Winters & yonker. Our settlement was 5 times higher than what the MM wanted to settle for.I would like to thank Winters and Yonkers entire staff for a wonderful experience. They were all very knowledgeable and walked us through the whole process. We really felt like they cared, unlike the other firm.
Linda Robinson
Linda Robinson
1686789803
I’m giving Winters & Yonker a shout out. My mother fell in Winn Dixie afew months ago. Her first choice wasMorgan & Morgan; however, after theinterview with them they decided not to take the case. My perception was that it was not a big enough case for them. I knew that she deserved to be compensated for her injuries, and I had mad faith in Winters & Yonker from using them in the past. They not only took the case but settled it in record time. Thanks Winters and Yonker, and I like to send a special thank you to Christopher Smith, who was never to busy when I needed answers. I would recommend your law firm to anyone. I found you to be ethical, professional, and respectful to my family, but most of all you will fight for the little guy. Much love and respect. God bless you all and your families👏👏👏👏
Reuben Rodriques
Reuben Rodriques
1686354543
Other said it couldn't be done called your law firm and immediately you got on it impressive shocking furthermore you showed integrity did what you had to do though you didn't have to do it and I was shockingly pleased thank you you surprised me had I to choose any other law firm I would not hesitate to call you or share my experience with my friends thank you once again from me and my family amen
Hameed Owens
Hameed Owens
1684355539
PATRICK IS THE GOAT 🐐 I WAS INJURED ON A PROPERTY THAT CLAIM THEY DIDN'T COVER MY INJURY PATRICK SAID BE PATIENT & LET HIM WORK!:& HE DEFINITELY DID JUST THAT!!!: HE CHANGED MY LIFE 🐐💯
Enrique
Enrique
1684002987
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