Need Help Proving Negligence?

Negligence is a legal theory that is often used in personal injury cases. Under this theory, someone who causes an injury to another person may be held liable if they did not act with the proper level of care. In order for someone to be found negligent in Florida, the following elements must be present:

– The defendant owed the plaintiff a duty of care
– The defendant breached that duty
– The plaintiff was injured as a result of the breach
– The plaintiff suffered damages as a result of the injury

If all of these elements are present, then the court will likely find the defendant negligent and award damages to the plaintiff. However, there are some defenses that can be used against a negligence claim, such as contributory negligence or assumption of risk.

If you have been injured in an accident and believe that the other party was negligent, you should contact a personal injury lawyer to discuss your case. An experienced attorney at Kemp Ruge and Green will be able to review the facts of your case and help you determine if you have a valid claim.

1. The Defendant Owed the Plaintiff a Duty of Care

The first element that the plaintiff must prove is that the defendant owed the plaintiff a duty of care. This means that the defendant had a legal obligation to act in a certain way toward the plaintiff. For example, all drivers have a duty to operate their vehicles in a reasonably safe manner. This means that they must obey traffic laws, drive responsibly, and be careful not to cause accidents.

2. The Defendant Breached That Duty

The second element that the plaintiff must prove is that the defendant breached his or her duty of care. This means that the defendant did not act in the way that he or she was supposed to. For example, if a driver runs a red light and hits another car, the driver has breached his or her duty of care.

3. The Plaintiff Suffered an Injury

The third element that the plaintiff must prove is that he or she suffered an injury. This means that the plaintiff must have been physically harmed in some way by the defendant’s actions. For example, if a driver runs a red light and hits another car, the occupants of the other car may be injured.

4. The Defendant’s Breach of Duty Was the Cause of the Plaintiff’s Injury

The fourth and final element that the plaintiff must prove is that the defendant’s breach of duty was the cause of the plaintiff’s injury. This means that the plaintiff would not have been injured if the defendant had not breached his or her duty of care. For example, if a driver runs a red light and hits another car, the occupants of the other car may be injured. But if the drivers had been careful and obeyed the traffic laws, the accident would not have happened and the occupants of the other car would not have been injured.

The plaintiff must prove that the defendant was negligent in order to recover damages. This can be a difficult task, as it requires showing that the defendant did not act with the level of care that a reasonable person would have under the same circumstances. An experienced attorney can help investigate the accident and gather evidence to support the claim that the defendant was negligent. Additionally, an attorney can provide guidance on how to present this evidence in court so that the jury understands how the defendant’s actions (or lack thereof) led to the plaintiff’s injuries. In some cases, an attorney may also be able to negotiate a settlement on behalf of the plaintiff without having to go to trial.

If you have been injured in an accident and believe that another party was at fault, you should not hesitate to contact an experienced personal injury attorney. An attorney can review your case and help you understand your legal options. Additionally, an attorney can help you gather evidence and build a strong case so that you are more likely to recover the compensation you deserve. Contact us at Kemp Ruge and Green right away if you or a loved one has been involved in a personal injury matter, we will fight to prove negligence and help you understand the process involved.