Legal Blog

Freeway with cars

What Is Negligence?

Attorney David I. Fuchs

Author

Attorney David I. Fuchs

Date

Nov. 30, 2020

Category

Personal Injury

Basically, negligence is the failure to use reasonable care. It is a concept in personal injury claims that is used to figure out who should pay for damages that were caused. However, it is a complex legal idea that should be analyzed by your attorney when determining who is at fault and who should pay for your injuries.

Attorney David I. Fuchs has more than 30 years of experience proving that at-fault parties are negligent. He will listen to your story and evaluate the evidence to determine who is to blame. Attorney Fuchs helps injury victims in Boca Raton, Fort Lauderdale, and throughout South Florida. Call today at (954) 568-3636 or use our online contact form to schedule a free consultation.

What Is Negligence in Florida?

According to Florida Law, a person may be negligent if they failed to use reasonable care. Reasonable care is that which a reasonably careful person would use in similar circumstances. If a person does something that a reasonably careful person would not do, they may be negligent. Also, if a person fails to do something that a reasonably careful person would do, they may be negligent.

What does this all mean? Well, a reasonably careful person is expected to follow all rules of the road and basic traffic laws. If a person speeds, then they violate that law and may not be a reasonably careful person. That may make them negligent. If they then cause an accident due to their negligence, they can be held responsible for their actions.

A person may also be negligent if they fail to do something that they should have done. For example, if a person should use their turn signal to turn left, but they fail to do so, then they may be negligent. A reasonable person would use their turn signal to notify others of a left turn. If they cause an accident because they failed to notify others of a left turn, then the driver may be responsible for their actions.

Can I Sue Someone for Negligence?

Yes, but in order to obtain compensation in a negligence claim, you must prove certain elements. The elements of a cause of action for negligence are:

    1. There was a legal duty to use due care. This means that the person at fault had a legal responsibility to act in a certain way.
    2. There was a breach of that duty. This means that a person must have violated the law or failed to act responsibly.
    3. There breach of duty caused injuries. You must show that the illegal actions of the person at fault directly caused your injuries.
    4. You suffered damages as a result of your injuries. You must have actual losses, or monetary expenses, that resulted as a result of the injuries caused by the at-fault person.

This can be difficult to understand without a real-world example.

Every driver has a legal duty to maintain the speed limit. If they violate the law and speed, then they are breaching that duty. If their speeding causes a car accident in which you are injured, then their breach of that duty can be seen as causing your injuries. However, you must go to a doctor and incur medical expenses or miss work and have lost wages in order to prove that you have damages to be compensated. There are other things that you can get compensation for too, like pain and suffering or disability. Your attorney can help you determine exactly how you were damaged in a wreck.

How Can an Attorney Help Me?

If you were injured due to someone else’s negligence, you need to speak with a personal injury attorney who can guide you through a successful claim. You will likely have to file a claim with the at-fault person’s insurance company. This can be difficult because the insurance company will have a team of lawyers who will deny negligence. We can fight back.

Attorney David I. Fuchs will gather all of the evidence and prove that negligence exists. You need money to cover your damages, and attorney Fuchs can help. Call us today at (954) 568-3636 or use our online contact form to schedule a free consultation today.