An accident can leave the victim with painful injuries, excessive medical bills, and emotional trauma. Thankfully, Florida personal injury law allows them to seek compensation for their losses if the accident was caused by negligence. But what is negligence? How does the law define it, and more importantly, how does it affect your right to fair compensation?
The personal injury attorneys in Cape Coral with our law firm discuss negligence, the evidence needed to prove it, and the damages you may be able to recover.
What Is Negligence Under Florida Law?
Negligence occurs when someone fails to act as a reasonable person would under similar circumstances, and that failure causes an injury. For a successful claim, you and your Cape Coral injury attorney will need to prove:
- Who caused the accident?
- How did the accident happen?
- What losses did you suffer?
In some instances, there may be more than one party at fault. Under Florida’s modified comparative negligence rules, each party would be assigned a degree of fault, which would reduce the compensation available to them by that same percentage.
The Four Elements of Negligence
Negligence is often presented in four key elements:
Duty of Care: The Legal and Professional Relationship
There must first be a legal obligation between the victim and the at-fault party. For example, Florida drivers all have a legal obligation to obey traffic laws. Property owners have a legal obligation to maintain safe premises for guests and tenants.
Breach of Duty: Violating Their Obligations
Next, there must be a point where the at-fault party, whether through an action or inaction, deviated from the accepted norm, a standard practice, or broke a law. Continuing our example from above, this would be the car driver texting while driving, or the property owner failing to fix a broken handrail.
Causation: The Accident and Injuries Suffered
Next, we will show how the at-fault party’s actions led to an accident and resulted in injuries for the victim. Our Cape Coral personal injury lawyers call this the “but for” causation. The injury would not have happened but for the other person’s actions. In other words, if the negligent act had not occurred, the accident and resulting injuries would not have happened.
Damages: The Losses Suffered
Finally, we must also demonstrate that the victim suffered measurable harm. Physical injuries, financial losses, and emotional trauma are all recoverable losses that can be sought.
Each of these elements builds on the one before and must be proven with evidence.
Common Types of Evidence Used to Prove Negligence
When you work with a Fort Myers personal injury attorney, they will need to prove negligence. This is often done with such evidence as the following:
- Accident reports, such as incident and police reports
- Medical records and bills
- Photographs and video footage
- Witness statements
- Testimony from medical experts and accident reconstruction specialists
Your injury attorney has the resources and staff to investigate your accident, gather records, and preserve evidence before it is lost or inadvertently destroyed.
Types of Damages You May Be Able to Recover
From the evidence your attorney gathers and reviews, they can compile a complete list of the damages you may be able to seek in a fair settlement. Typically, there are two categories of damages:
Non-Economic Damages: The Impact on Your Quality of Life
Non-economic damages reflect such losses as:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Though harder to value, these losses are just as important to recover.
Economic Damages: The Financial Burden
Economic damages are the most common loss that accident victims consider. These losses can include:
- Medical expenses
- Lost wages
- Property damage
However, your Florida personal injury attorney will also assess how your injuries will affect you in the future, seeking compensation for future healthcare, reduced earning capacity, and any long-term or permanent disability.
Punitive and Wrongful Death Damages
Punitive damages are rare but possible in extreme cases. They are awarded by judges and juries as a punishment and warning against egregious behavior.
Wrongful death damages are available to families who have lost a loved one. They include similar economic and non-economic losses, but also account for funeral and burial expenses and the effect the loss will have on your family’s future.
Why Working With a Cape Coral Injury Attorney Can Make a Difference
Working with a personal injury lawyer or car accident attorney in Cape Coral can be beneficial, especially when you are dealing with serious injuries or facing difficulties with the insurance company. Your attorney can:
- Handle all communications with the insurance companies, including negotiations
- Meet all Florida statute of limitations deadlines and follow court procedural rules
- Determine your full and fair damages, both current and future needs
- Provide legal representation and guidance through the claims process and at trial
Plus, we understand how the Lee County courts operate and the tactics insurers often use to devalue or deny claims.
Reach Out to an Injury Attorney in Cape Coral Today
A successful claim requires evidence of negligence and a clear understanding of the damages suffered. If you have suffered injuries in a Cape Coral accident and have questions about your legal rights, contact the Law Offices of Wolf & Pravato at (844) 643-7200. The initial consultation is free, and we work on contingency. You pay nothing unless we win.
Call today.