March 14, 2025 | Personal Injury
Negligence is a critical concept in Florida personal injury cases. If you or a loved one has been injured due to someone else’s negligence, you must prove four key elements: duty of care, breach of duty, causation, and damages. Below, we will explore each of these elements in detail, in addition to Florida’s modified comparative fault standard.
1. Duty of Care
The first element of negligence is establishing that the defendant, or party responsible for your injury, owed you a duty of care. Duty of care refers to the legal obligation people have to act in a certain manner to minimize the risk of harm to others.
This obligation varies depending on the circumstances. For example, drivers have a duty to follow traffic laws and operate their vehicles safely.
2. Breach of Duty
The next element to prove is a breach of duty. A breach occurs when the defendant fails to meet the standard of care expected of them in a certain situation. This means the defendant acted recklessly, carelessly, or failed to take necessary precautions to prevent injury.
For example, a driver may have breached their duty if they ran a red light and caused a car accident, and a store owner may breach their duty if a wet floor causes a customer to slip and fall. Proving a breach often requires evidence such as surveillance footage, eyewitness testimony, or expert opinions.
3. Causation
Proving causation is the next element in a negligence claim. You must show that the defendant’s breach of duty directly caused your injury. There are two aspects of causation:
- Actual Cause: This requires showing the injury would not have occurred but for the defendant’s actions.
- Proximate Cause: This requires showing harm was a natural and foreseeable consequence of the defendant’s actions.
For example, if a distracted driver runs a stop sign and hits you, the driver’s negligence is the actual and proximate cause of your injuries. However, if an unrelated third party intervenes and causes harm, the driver may not be held liable.
4. Damages
The final element of negligence is proving that you suffered actual damages because of the defendant’s actions. Damages can be economic or non-economic. Economic damages include tangible losses, such as medical expenses, lost wages, and property damage.
Non-economic damages include subjective losses, such as pain and suffering, emotional distress, or loss of enjoyment of life.
In rare cases, punitive damages may be awarded if the defendant’s conduct was especially reckless or intentional. A negligence claim will not succeed without provable damages, even if the other elements are met.
Comparative Negligence in Florida
Florida follows a modified comparative negligence rule, meaning that you can still recover damages after an accident even if you were partially at fault. However, your compensation will be reduced proportionally by your share of fault and barred entirely if it exceeds 50 percent.
Insurance companies often attempt to minimize personal injury payouts by alleging comparative negligence and disputing duty of care, causation, or the extent of your damages. An experienced personal injury lawyer can help gather evidence, prove the necessary elements, negotiate settlements, or even represent you in court.
Seek Legal Help Today
Negligence is the foundation of most personal injury claims in Florida. To succeed in a personal injury involving negligence, you must prove the four essential elements: duty of care, breach of duty, causation, and damages. If you have been injured due to someone else’s negligence, consulting an experienced Port St. Lucie personal injury lawyer can help protect your rights and pursue the compensation you deserve.
Contact Our Personal Injury Law Firm in Florida
If you’ve been injured in an accident, please contact our experienced personal injury lawyers at Graves Thomas Rotunda Injury Law Group to schedule a free consultation today. We have three convenient locations in Florida, including Vero Beach, St. Petersburg, and Port St. Lucie.
Graves Thomas Rotunda Injury Law Group – Vero Beach
2651 20th St
Vero Beach, FL 32960
(772) 758-5735
Graves Thomas Rotunda Injury Law Group – St. Petersburg
200 Central Ave Suite 304
St. Petersburg, FL 33701
(772) 404-3858
Graves Thomas Rotunda Injury Law Group – Port St. Lucie
10805 SW Tradition Square Unit 024A
Port St. Lucie, FL 34987
(772) 617-8814
