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What Is Negligence and How Can It Impact My Case?

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When you are involved in an accident, whether it’s a car crash or slip and fall in your local supermarket, it’s important to understand how recovering compensation works. Unfortunately, this is not as simple as filing a claim and receiving a check in the mail for the damages you endured. Generally, you’ll need to show that the other party was negligent. Additionally, there are different statutes surrounding negligence in the United States, so you’ll need to familiarize yourself with the laws in Florida. If you were hurt and are unsure how to proceed, the following blog explores what you must know about these matters and how a Broward County personal injury attorney can assist you through these challenging times.

What Is Negligence?

Generally, when you are injured because of the actions or inactions of another person, it can be considered negligence. Essentially, this occurs whenever someone fails to exercise a degree of caution that any reasonable person would exhibit in order to prevent harm and injury to another party. Examples of negligence include:

  • Texting and driving
  • Violating building codes
  • Failing to put up a wet floor sign after cleaning
  • Installing inadequate lighting in a stairwell
  • Failing to put up a fence around a pool
  • Running a red light
  • A doctor performing surgery while under the influence of drugs or alcohol

In order to prove negligence, you must show four different elements. Essentially, if you can show the other party owed you a duty of care, a violation of this duty, what the cause of the damages is, and the injuries you sustained as a result.

How Can This Impact My Personal Injury Case in Florida?

As mentioned, you must be able to prove that the four elements of negligence existed in order to hold the other party liable for the damages and injuries you’ve endured.

However, it’s important to understand the negligence statute in place in Florida. Though the other party may be responsible, there are instances in which you can play a role in your injury. For example, if you were struck by a drunk driver, but you were going 5 miles over the posted speed limit, you can be found somewhat responsible for the injuries you endured, because you violated the law. As such, under Florida’s comparative negligence law, you’ll find that your compensation can be reduced by your percentage of fault.

For example, in the aforementioned scenario, if you are going over the speed limit, you ay be found 10% liable for the damages sustained since you were also negligent. As such, the compensation you recover from the other party would be reduced by your percentage of fault.

When you are hurt in an accident and you believe the other party involved is negligent, understanding your legal options is critical. Generally, the most important thing you can do during these matters is connect with an experienced personal injury attorney who can help prove the other party is liable for the damages you’ve endured while working to protect you during these matters. At the Finizio Law Group, we can help. Connect with us today to learn how we can fight for you during these complicated times.

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