The Elements of Negligence in Florida Tort Law

Ever wondered what it takes to win a personal injury case? It revolves around something called negligence, a concept deeply rooted in American law. Negligence happens when someone fails to act with the level of care that a reasonable person would in a similar situation, leading to harm. Think of it as someone dropping the ball on safety.

Here’s a friendly walkthrough of what you need to know about negligence and tort law in Miami-Dade County, Florida, and how it might apply to you.

To prove negligence, there are four main things you need to show:

• Duty of Care
  First off, you need to prove that the person or entity who hurt you owed you a duty of care. This means they had a legal obligation to act (or not act) in a certain way towards you. For example, a driver has a duty to follow traffic laws to keep others safe.
• Breach of Duty
  Next, you need to show that this duty of care was breached. This breach can happen in many ways, like a driver running a red light or a store owner not cleaning up a slippery spill.
• Causation
  Now, you have to connect the dots between the breach and your injury. You need to prove that the other party’s actions directly led to your harm. Essentially, their negligence must be the foreseeable cause of your injuries.
• Damages/Injury
  Finally, you must demonstrate that you suffered actual harm or loss. This is often in the form of financial losses, like medical bills or lost wages. Even if it seems obvious, it’s crucial to show that you’ve been affected by the incident.

Florida follows a system called modified comparative negligence. This means that if you are found to be no more than 50% at fault for the accident, your recovery is reduced by the same proportion as your percentage of fault.

If you’ve been injured because of someone else’s negligence, you have the right to seek compensation. That’s where we come in! At the Law Office of John J. Torikashvili, PA, our legal services in Aventura, Florida, are here to help you understand your rights and fight for the compensation you deserve.

We’re committed to providing top-notch criminal law in Florida to help you achieve your goals. Let us take care of the legal stuff while you focus on getting back to normal. Stay safe, and take care! Do you have any inquiries about us or the services we offer? If you have any, please do not hesitate to contact us.