What Does Duty of Care Have to Do With My Florida Personal Injury Claim?

Anyone who is thinking about filing a Florida personal injury claim, there are some basic facts regarding the duty of care that you need to be familiar with, specifically, what it is, how it has the potential to impact your claim, how attorneys use it to determine negligence, and how it can aid you in your quest for financial compensation for your losses.

What Is Duty of Care?

For the majority of people, their duty of care is nothing more than their statutory obligation to act in a rational manner, minimizing their potential for causing harm to others. When someone neglects to maintain their duty of care, they can be held liable for any type of damage resulting from that negligence. Due to this, in attempting to prove negligence, it is necessary to show that a duty of care existed between the parties involved. If a duty of care cannot be established, you might not have a practicable Tampa personal injury case.

How an Attorney Establishes Fault for a Claim

Determining negligence in a personal injury case is often a complex and difficult process. In order to ascertain fault for a personal injury claim, you are going to want a knowledgeable attorney who understands the most effective way of collecting the evidence that will prove the four basic elements of negligence, including: 

Duty of Care

Showing that the other party owed you a duty of care. Based on the circumstances of your specific claim,  this can include several things, such as establishing a professional relationship, that you were both on the same roadway at the same time, or that you were invited as a guest on the other party’s property.

Breach of Duty

Proving that a duty of care was broken by showing that another person with a similar job, education, background, under those same circumstances, would have acted in the same way as the defendant and, as a result, no one would have been harmed.  

Causal Link

Giving evidence that shows that a duty of care was violated and was directly responsible for your injuries. Regrettably, establishing a simple breach does not fulfill this requirement. Your Tampa personal injury attorney will also be required to prove that if a duty of care had not been breached, the plaintiff would not have been injured.

Damages Resulted

Proving that you encountered both economic and non-economic damages and losses because of your accident-related injuries, such as lost income, medical bills, and pain and suffering.

As with every kind of personal injury case, the endless number of variables makes your claim unique. Someone with a case that sounds very similar to yours could end up with a very different outcome than what you should expect. This is just one of the many reasons why hiring a skilled attorney is beneficial to your Florida personal injury claim. 

Your attorney will know the most thorough and efficient way of collecting vital evidence that proves you were not at fault for the accident. Establishing this fact is essential to the success of your Tampa personal injury case.

If you have sustained injuries during any kind of accident that was caused by another person’s negligence or carelessness, there is evidence out there that will substantiate your claim. A reputable personal injury attorney from Fulgencio Law will be able to help you. Call us at (813) 463-0123 to schedule your free Tampa personal injury consultation today.