Elements of Establishing Negligence in Florida (Part B)

After you have proven that the defendant owed you a duty of care and then breached that duty of care, you'll need to move to the third aspect of establishing negligence in a Florida personal injury claim, which is proving "cause in fact". This means that but for the defendant's actions, your injuries would not have occurred.

For example, a driver causing a car accident by running a red light or a grocery store that doesn't warn customers of a wet floor which results in a slip and fall injury would be examples of cause in fact. Had the driver not run the red light or had the grocery store warned of the wet floor, the injuries of the victim would not have occurred.

Establishing Negligence: Proximate Cause

This naturally leads to the fourth requirement for establishing negligence in a Florida personal injury claim, which is proving "proximate cause". This refers to whether or not the defendant could have foreseen that their actions could lead to a serious injury.

The defendant who causes the initial injury is also legally responsible for any negligence that is caused by a subsequent health care provider treating the original injuries.

Establishing Negligence: Injury and Damage

The last part of establishing negligence for your Florida personal injury claim is proving that you suffered injury and financial damage as a result of your accident. This can include your physical injuries, property damage as well as pain and suffering.

A Florida personal injury claim may allow you to recover compensation for your:

• medical bills (present and future);
• property damage;
• lost present and future wages;
• any permanent disability;
• any disfigurement;
• pain and suffering;
• mental anguish; and
• other accident-related expenses

Working with a South Florida injury attorney can help you learn more about what will be required to establish negligence in your Florida personal injury claim as well as what types of damages you should seek.

Contacting a South Florida Injury Attorney

Florida has strict limits on when you can bring a claim against another party so, you shouldn't wait too long after your accident to file your personal injury claim. It's always best to schedule a no-cost consultation with an experienced South Florida accident attorney as soon as possible.

With Ellsley Sobol, P.L. on your side you can focus on your recovery while we fight to obtain just compensation for your medical bills, lost wages, pain and suffering, and other losses. Contact us today at 954-888-7720 or toll-free 888-258-6914.