Do I Have a Case Under Florida Law?
Were you injured in a traffic accident or work accident? Did you fall or trip while on another person’s property? Were you injured because of medical negligence or medical errors? Was a family member harmed because of nursing home negligence? If so, you may have a case.
A “case” refers to a legal claim under one or more of Florida’s various injury laws:
- Traffic accidents and nursing home negligence fall under Florida’s personal injury laws
- Injuries that occur on another party’s property typically fall under Florida’s premises liability laws
- If you are injured through medical negligence or medical errors, the medical malpractice laws in Florida govern your case
- Accidents at work are covered under workers’ compensation laws
- Deaths caused by negligence or other wrongdoing are typically governed by Florida’s wrongful death statutes
Proving Fault and Liability for an Injury Claim
Whether you have a “case” depends on whether the evidence supports the legal elements required to prove fault, liability, and causation under the applicable injury laws.
For example, most cases must prove the elements of negligence. The basic elements of a negligence claim are:
- Breach of Duty
Let’s look at an injury arising from a motor vehicle accident. The elements of negligence would be:
- Duty – All drivers have a duty of care to operate motor vehicles in a manner that does not place other individuals in danger.
- Breach of Duty – You must prove that a motorist did something that violated the duty of care. For example, a driver failed to yield the right of way, or followed too closely, or crossed the centerline.
- Causation – The failure to obey traffic laws, which was a breach of the duty of care, was the actual cause of your injuries.
- Damages – The traffic accident caused injuries, and you suffered damages as a result of those injuries.
The above example is a simplified explanation of how you prove the elements of negligence in an injury case. However, most injury cases are much more complicated. Also, some injury cases have different requirements or elements which you must prove.
For example, in a traffic accident case, all motorists have the same duty of care to operate the vehicle safely. However, in a medical malpractice case, you must establish the medical duty of care for a specific situation. The medical duty of care varies depending on the type of case. In a premises liability claim (slip and fall case), you need to prove the property owner’s knowledge of a dangerous condition and their subsequent failure to act.
On the other hand, in a case involving a work accident, if workers’ compensation covers the work accident, you do not need to prove negligence to receive workers’ compensation benefits. However, if the case involves a third-party claim, you would need to prove the third-party was negligent in causing the accident, which resulted in your injury.
Hiring an Experienced Florida Personal Injury Attorney
Some injury claims may be settled directly with the insurance company for the responsible party if the insurance company admits liability and agrees to pay full compensation for all damages. However, most insurance companies are interested in protecting their profit margin by paying the least amount possible to settle a claim. For this reason, it is usually best to consult an experienced personal injury lawyer before discussing your claim with the insurance company or other representative for the at-fault party.
Insurance companies have a team of professionals working to limit the company’s liability for an injury claim – typically including investigators, adjusters, defense attorneys, and other professionals. These individuals do not work for you, and they do not protect your legal rights or your best interests.
You need a team of legal professionals on your side who understands Florida’s negligence laws and the nuances of injury claims. A legal team who aggressively fights for your best interest. A law firm with a reputation for gaining justice for their clients. Trelles & Bichler is that law firm.
Find Out If You Have a Case During a Free Consultation
We do not charge you for an initial consultation – a meeting in which you can talk to one of our partners and get answers to your questions. You can meet with one of our attorneys for a free case review and learn if you have a case.
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