Florida Car Accident Lawyer

When a Florida car accident occurs and someone who was not at fault for the crash is injured or worse, any legal steps that are taken in an attempt to recover compensation will most likely fall under an analysis of negligence. Negligence is generally the legal standard used when there is no malicious intent involved and a motorist makes a mistake. However, proving that a motorist was negligent in court is easier said than done, as several elements of proof must be met in order for a plaintiff to succeed.

Below you will find information regarding how the tenets and the overall standard of negligence tends to be applied to Florida car accidents that lead to the filing of a lawsuit. Anyone who faces this difficult situation needs to obtain the help of experienced Florida car accident lawyers as soon as possible to give themselves the best chance for a recovery.

Duty of Care

The first element of negligence that a plaintiff must prove is that the duty of care was present and that it applied to the plaintiff. Specifically, this means that the defendant was required to act in a way that did not place people in positions of unreasonable danger. In addition, the injured plaintiff must have been someone who could have been foreseen to have been harmed by the defendant’s conduct.

Breach of Duty of Care

After the plaintiff has proven that a legal duty of care existed, he or she must then prove that the defendant breached that duty of care. This is usually done by applying the ‘reasonable person’ standard to a crash situation. The court will judge the defendant’s actions and determine whether or not he or she acted as a reasonable person would have in a similar situation. If the defendant failed to act as a reasonable person would have, then he or she has breached the legal duty of care.

Causation

The next element of negligence as it applies to a Florida car accident is causation. Causation is one of the most difficult concepts that exists within Florida personal injury law. In its most simple terms, causation means that a plaintiff must prove that the breach of the duty of care by the plaintiff caused, either directly or indirectly, the injuries and damages suffered by the plaintiff. There are several rules and exceptions that exist within the realm of causation.

Damages

Finally, if all three of the previous elements of negligence have been proven successfully, the plaintiff must show that he or she suffered damages as a result of the defendant’s actions. Damages can be tangible in nature and include such losses as medical costs and the like or they can be intangible and deal with pain and suffering or emotional distress.

Ultimately, anyone who is injured in a Florida car accident must prove that the other driver was negligent in order to recover damages. If you or someone you love has been harmed in this manner, seek the help of Florida car accident lawyers who have been fighting for the rights of clients for many years. Contact Bernstein & Maryanoff today to schedule a free initial consultation.