Most personal injury claims are based on the legal concept of negligence, including those involving car accidents, slips and falls, medical malpractice, and more.
A breach of duty is one of the elements that must be proven for a victim to be successful with a negligence claim. Dive into all the details below to learn more about negligence and how to prove a personal injury claim.
What Are the Legal Elements in a Negligence Case?
Negligence includes four legal elements that must be proven in a personal injury case.
These elements are:
- Duty of care
- Breach of duty
- Causation
- Damages
Before you can prove a breach of duty, you must first prove that a duty of care existed. A duty of care is a legal obligation to act in accordance with some standard of behavior. For instance, when you drive a vehicle, you owe others a duty of care to operate your car in a safe and reasonable manner.
The specific conduct required under a duty of care varies depending on the situation. However, it is often judged against the “reasonable person” standard. This means the duty of care is based on how a reasonable person would act under similar circumstances.
How Does Someone Breach Their Duty of Care?
A breach of duty occurs when someone acts outside the standard of care that has been established. It is worth mentioning that a breach may occur because of someone’s action or inaction. For instance, failing to act in some situations could be considered a breach of duty.
In personal injury cases, a judge or jury must first determine the standard of conduct that was required in the specific situation of the case. Next, they will determine whether the defendant’s conduct met or failed to meet that standard. If their conduct failed to meet the standard, then a breach of duty occurred.
Some examples of conduct that might be considered a breach of duty include:
- A driver is operating a vehicle on a busy city street and is using their cell phone to text while driving
- A doctor fails to order an X-ray or other diagnostic testing when a patient exhibits all the symptoms of a broken bone
- A property owner knows the steps inside their store are broken but does not repair them or even place any warning signs around them
- An aggressive dog has bitten several people already, but the owner does not use a leash when walking the dog in public
- A product manufacturer knows that a defect in their design has led to several injuries, but they continue to produce the product without any changes
It can sometimes be challenging to prove that a breach of duty occurred. The reasonable person test is somewhat subjective, so you may need an experienced personal injury lawyer to help you prove your case.
What Damages Are Available in a Personal Injury Case?
Injury victims who successfully prove their case may be entitled to both economic and non-economic damages. Economic damages compensate victims for their financial losses, while non-economic damages compensate them for their physical and emotional pain.
Some common examples of damages in personal injury cases are:
- Medical bills
- Lost wages
- Pain and suffering
- Emotional distress
- Loss of quality of life
- Loss of consortium
- Permanent scarring or disfigurement
In some cases, the value of your non-economic damages can be much higher than the value of your financial losses. An experienced lawyer can help you identify all your damages and put an appropriate value on your case.
How Does Comparative Negligence Impact Florida Personal Injury Cases?
In some situations, the victim’s own negligence may have played a role in their accident. In Florida, a victim is not barred from getting a recovery simply because they share some of the fault. Instead, Florida follows a modified comparative fault rule.
Under this rule, a victim can recover damages as long as they are found to be less than 51% responsible for their accident. Their recovery will simply be reduced by their portion of the fault. For instance, if they are found to be 30% responsible for the accident, they would still be entitled to recover 70% of their damages.
How Long Do I Have to File a Personal Injury Lawsuit in Florida?
Florida law sets a two-year statute of limitations in most personal injury cases. This means that you have two years from the date of your injury to file a lawsuit against the at-fault party. Failure to file your suit before time expires may result in a permanent bar to getting any compensation for your injuries. It’s important to consult with an attorney to make sure you don’t miss any deadlines.
Get Help With Your Breach of Duty Claim Today
If you have been hurt in Jacksonville because of someone else’s conduct, let the experienced team at Coker Law Personal Injury Lawyers help you get the compensation you deserve. Proving a breach of duty can be tricky, but our experienced lawyers know how to get results. We can help you with every aspect of your claim and get the justice you deserve. Contact us today for a free consultation.
Contact Coker Law Personal Injury Lawyers for a free consultation. They can review your case, help gather the necessary evidence, and guide you through the legal process. With the right help, you can get the compensation you deserve and hold the wrongdoer accountable for their actions. You can contact us online or call (904) 356-6071.