Defining Negligence in Florida Personal Injury Cases
Posted By Todd Miner Law || May 16, 2013
Most personal injury cases are built around the concept of negligence, which occurs when a person or organization fails to meet a certain standard of care to another person. When this failure causes serious injuries or property damage, the injured party may have grounds for filing a legal claim. This can be the most effective way to receive fair compensation for expenses related to his or her injury.
However, winning a lawsuit based on negligence is not as easy as telling a judge that the other party has harmed you. There are four basic elements to negligence, each of which must be demonstrated by a preponderance of the evidence in court. In other words, the evidence of the defendant’s guilt must outweigh the evidence of his or her innocence.
If you have been harmed by a negligent party, call the top personal injury attorney Orlando has to offer, Todd Miner, to help you organize the facts and present a clear, solid legal case.
The Elements of Negligence
Todd Miner Law can help you demonstrate the four components of legal negligence, which are:
- The defendant had a certain level of responsibility to you. This responsibility will depend on your relationship to him or her. For example, each of us has a duty to avoid unreasonable behavior that may hurt others. Professionals, manufacturers, and other parties may have a higher duty of care to their customers or the general public.
- The defendant failed to live up to that responsibility. This will require proving that he or she failed to act like a reasonable person or meet the standards of his or her profession.
- This failure directly caused your injuries. Proving this can be difficult, as there may have been more than one factor in the incident that harmed you. The defendant’s behavior needs to have been a significant contributing factor.
- Your injuries are significant enough to merit compensation. You will need to show that you have suffered some kind of loss, such as medical bills or impairment.
These cases are often complex, and there are many potential defenses that negligent parties can use. Fortunately, a qualified attorney can be a great help as you pursue justice.
Contact a Personal Injury Attorney in Orlando
Todd Miner, the personal injury attorney Orlando residents rely on, can put his years of experience to work helping you. Contact our offices today for a free consultation.