Personal injury law is largely based on the concept of negligence. This is commonly used to obtain compensation for injured plaintiffs.
Negligence (n.) – failure to exercise the care toward others which a reasonable or prudent person would do in the circumstances, or taking action which such a reasonable person would not.
One of the most common types of personal injury cases based on negligence is the automobile accident. More than 200,000 accidents occur every year in Florida. These accidents don’t only involve cars. Trucks, motorcycles, bicycles and even pedestrians are involved in road accidents each and every day.
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Four Elements of Negligence
- There must be a duty of care to act in a certain way
- The duty of care was breached
- The breach of such duty of care directly caused injuries
- Monetary damages must be proven.
To pursue a claim of negligence, all four of those elements must be true.
How Negligence Works in an Automobile Accident
Drivers have a duty of care to their passengers and other drivers on the road to operate their vehicle carefully. If a driver causes an accident, then their duty of care is breached. That satisfies the first two elements of negligence.
If the driver is speeding and causes an accident, then the speeding is the direct cause of any injuries resulting from the accident. Finally, hospital treatment records, doctor’s diagnosis, physical therapy and chiropractic records and bills may be used to prove monetary damages.
In this scenario, all four components of negligence are in play. A claim of negligence can be pursued.
Related – Three Common Personal Injury Myths
Suffering because of a negligent driver? Contact The Ticktin Law Group to help get the compensation you deserve
If you have suffered from a personal injury contact the attorneys of The Ticktin Law Group for a free consultation. Our experienced personal injury attorneys will go over the facts of your case to determine if you have a claim.
Call (561) 232-2222 or click on the button below to get started.