Proving Negligence in Florida Personal Injury Cases: Common Questions

If you have recently been injured and are considering a personal injury claim, you may feel overwhelmed by questions about how to prove negligence and what it means for your case. It is completely normal to feel anxious or unsure in this situation. You are not alone, and we understand the weight of your concerns. Your health, financial stability, and future well-being are at stake, and it is only natural to want clarity and guidance. Serrano Law is here to help you navigate this process with compassion and determination. We know that the process can seem complicated, but with the right legal support, you can pursue the justice and compensation you deserve.

What Does Negligence Mean in a Florida Personal Injury Case?

Negligence is one of the most important concepts in a personal injury case. It refers to the failure of a person, company, or organization to act with reasonable care, resulting in harm to another person. In simpler terms, if someone’s careless or reckless actions cause your injury, they may be held legally responsible for the damage they caused. In Florida, proving negligence requires showing that certain legal elements are met.

The first element is duty of care, which means the person who caused your injury had a legal obligation to act in a way that would prevent harm. For example, drivers have a duty to follow traffic laws to keep other drivers, passengers, and pedestrians safe. The second element is breach of duty, which happens when the responsible party fails to meet that obligation. For example, if a driver is texting while driving and causes a crash, they have breached their duty of care.

Next, it must be shown that the breach of duty directly caused your injuries. This is known as causation. If you would not have been hurt if the person had acted responsibly, then their actions are considered the cause of your injury. Finally, you must prove that you suffered damages, such as medical bills, lost income, or pain and suffering. These four elements — duty, breach, causation, and damages — must all be present to prove negligence in a Florida personal injury case.

How Do You Prove Negligence in a Personal Injury Case?

To prove negligence, it is necessary to gather evidence that supports each of the four elements. This evidence can come in many forms, depending on the type of injury case you have. If you were injured in a car accident, evidence might include photos of the crash scene, traffic camera footage, police reports, and eyewitness testimony. For slip and fall accidents, evidence may include security camera footage, maintenance records, and photos of the hazardous condition that caused the fall. In medical malpractice cases, medical records, testimony from medical professionals, and hospital policies may play a key role.

Michael Serrano

Founding Attorney

Candace “Cea” Hartley

Associate Attorney

The process of collecting and organizing evidence requires attention to detail and a clear understanding of what is legally relevant. Every piece of evidence must be carefully reviewed to determine how it supports the claim of negligence. Medical records are often used to show the extent of the injuries suffered, while wage statements can prove lost income. Witness statements can be critical in explaining how the incident happened. The goal is to build a clear and convincing case that shows how the other party’s careless behavior directly led to your injuries and the losses you experienced.

What Are the Most Common Types of Personal Injury Cases in Florida?

Personal injury cases can arise from many different situations, and each type of case may have its own unique challenges when it comes to proving negligence. Some of the most common types of personal injury claims in Florida include car accidents, slip and fall accidents, medical malpractice, dog bites, defective product claims, and workplace injuries.

Car accidents are one of the leading causes of personal injury claims, often involving drivers who are distracted, speeding, or driving under the influence. Slip and fall cases often involve hazardous conditions, such as wet floors or uneven walkways, on someone else’s property. Medical malpractice cases arise when healthcare providers fail to meet professional standards of care, leading to patient harm. In cases involving defective products, manufacturers may be held responsible if they release a dangerous product to the public. Each of these cases requires a different approach to prove negligence, but the key elements of duty, breach, causation, and damages remain the same.

Mike Serrano’s law office was everything I needed after a very traumatic accident. He was always super up front and honest with me. I never got the feeling he was trying to sell me on something or to do something that I wasn’t comfortable with. He listened to my concerns and when it tough moments came that I needed to stand my ground. He backed me and made me feel 100% secure. He got me exactly what I needed in a settlement and I would never consider using anyone else. His office staff is also phenomenal.”

- Mary

Mike Serrano was a great attorney for my case!! He was very flexible with phone calls/ Zoom meetings. His staff are always friendly, whether it be on the phone or emails. They keep you updated during your entire case! They don’t leave you silent for months. if you call, they always call back with updates! Highly recommend!"

- Kylie Collier Border

I’ve never had to deal with a lawyer before but Mike has set the bar HIGH. He was always available to communicate my concerns and explain each step of the way. I know no other lawyer would have been able to achieve the same results because he jumped on an opportunity that was a little out of the ordinary and it paid off. He really fought for my case and over delivered. I really hope I never have another accident but if I do I’m running to Mike for help."

- Sandy Carter

How Does Florida’s Comparative Negligence Law Affect Personal Injury Cases?

Florida follows a legal rule called “comparative negligence,” which can impact how much compensation you receive if you are partly responsible for your own injury. Under this rule, your compensation is reduced by the percentage of fault assigned to you. For example, if you are found to be 20 percent at fault for a car accident, and your total compensation is $100,000, you would receive $80,000 after the reduction for your share of the fault.

This rule can be challenging for people seeking compensation because insurance companies often try to shift blame to reduce the amount they have to pay. Having a legal advocate on your side can help you fight against unfair accusations of shared fault. The goal is to present strong evidence showing that the other party was primarily responsible for your injuries.

What Damages Can Be Recovered in a Personal Injury Case?

When you prove negligence in a personal injury case, you may be entitled to recover compensation for the losses you have experienced. The types of damages you can seek depend on the specifics of your case, but they generally fall into two categories — economic and non-economic damages. Economic damages are the tangible financial losses you face, such as medical bills, rehabilitation costs, lost income, and property damage. Non-economic damages are more subjective and include compensation for pain and suffering, mental anguish, and loss of enjoyment of life.

The amount of compensation you can recover depends on the severity of your injuries, the cost of your medical treatment, and the impact the injury has had on your life. If the other party’s actions were especially reckless or intentional, you may also be able to seek punitive damages, which are meant to punish the wrongdoer and prevent similar behavior in the future. Calculating the full value of your claim requires a thorough review of all your losses, both financial and emotional.

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How Long Do You Have to File a Personal Injury Claim in Florida?

There is a time limit on how long you have to file a personal injury claim in Florida. This time limit is known as the statute of limitations. In most personal injury cases, you have two years from the date of the injury to file a lawsuit. If you miss this deadline, you may lose the ability to seek compensation for your injuries.

There are some exceptions to this rule. For example, in cases involving medical malpractice, the time limit may differ, and if the injury is not immediately discovered, the deadline may be extended. It is critical to act quickly and not wait too long to seek legal help. The earlier you start the process, the stronger your case may be, as evidence is easier to collect soon after an incident occurs.

How Can a Lawyer Help You Prove Negligence and Win Your Case?

Trying to prove negligence on your own can be difficult, especially when dealing with insurance companies that have their own legal teams. A lawyer can guide you through the process and protect your rights at every step. From gathering evidence to negotiating with insurers, an attorney plays a critical role in building a strong case. They understand how to prove the essential elements of negligence and ensure that your claim is presented clearly and persuasively.

Case Results

Car Accident

This client was injured in an auto accident with a driver who improperly merged into her lane. Her vehicle was totaled. She sustained an aggravation of her pre-existing disc herniations in her neck and new disc herniations in her lower back. We obtained the full limits of both the at-fault driver’s bodily injury coverage and our client’s underinsured motorist coverage, which were significant. The settlement was achieved without a law suit and within four months after the client finished treating.

Rear End Collision

This particular client was injured in an accident in late 2015 when she was rear-ended. She sustained an aggravation of pre-existing disc herniations in her neck and a new disc herniation which ultimately required a surgical fusion. By the time of trial, her medical bills exceeded $180,000.00. The Defendants’ offer pre-suit was $20,000.00. We were able to obtain a jury verdict of $441,000.00, plus attorneys’ fees.

Car Accident

A client was injured in a rear-end collision where he sustained an aggravation of a pre-existing disc bulge that developed into a herniation in his lower back. We obtained a jury verdict which was over 6 times what had been offered prior to trial.

Car Accident

In this case, our client injured her shoulder after being struck by a vehicle while she was performing volunteer services. The driver was traveling at such a high rate of speed entering a parking lot that he clipped another vehicle, hit a parking barrier and was launched into a tree. After the client attempted to negotiate with the insurance company prior to hiring us, we were able to obtain an amount that was over double the prior offer.

Intentional Torts

Our client was injured from an assault by a patron of a party while working security. His shoulder required multiple surgeries. He hired our office to pursue a claim to recoup his medical bills, which exceeded $130,000.00. After his assailant offered him $10,000.00 to resolve his case, we took the case to a jury to decide. The jury awarded our client all of his medical bills and tripled his award for pain and suffering.

Car Accident

This client came to us about a car wreck that occurred in 2014 where she sustained injuries. She approached our firm just one week before the statute of limitations was set to expire after being turned away by several other law firms. We filed a lawsuit and were able to obtain the limits of the at-fault driver’s bodily injury coverage and an additional settlement from the client’s insurance carrier.

Truck Crash

This couple was injured in an automobile accident after they were rear-ended in a seven-car pileup caused by a semi-trailer. Of the 15 people who made claims on the same insurance policy, our clients each received the second and third highest offers, which covered all of their past and future medical bills and their attorney’s fees.

Truck Crash

In this case, our client was injured from a rear-end collision with an eighteen-wheeler. Her original lawyer procured a settlement offer of $7,000.00 to settle her case. Because the offer did not approach the amount of bills she incurred from accident related treatment, she came to our firm for a consultation. She decided to hire us. We promptly filed suit and obtained a settlement for her.

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A lawyer can also help calculate the full value of your claim to make sure you are seeking fair compensation for all your losses. This includes future medical expenses and the long-term effects of your injury. If settlement negotiations do not lead to a fair offer, a lawyer can take your case to court and present it before a judge or jury. Their goal is to secure the best possible result for you and ensure you receive the financial support you need for your recovery.

Get the Help You Need to Prove Negligence and Win Your Case

If you have suffered an injury due to someone else’s negligence, you may be feeling unsure about how to move forward. This is a difficult time, but you do not have to face it alone. Proving negligence requires knowledge, resources, and attention to detail. We are here to provide the support and legal representation you need.

At Serrano Law, we are dedicated to helping you secure the justice and compensation you deserve. We understand how an injury can disrupt your life, and we are ready to stand by your side. If you have questions or need guidance about your case, reach out to us today. Your recovery and well-being matter to us, and we are committed to helping you achieve the outcome you deserve. Contact Serrano Law to take the first step toward justice and accountability.