What Falls Under Negligence When It Comes To Personal Injury?

What Falls Under Negligence
When It Comes To Personal Injury?

Negligence is a term used to describe when someone is responsible for causing injury or damage to another person due to their careless or reckless behavior. 

The concept of negligence applies to Florida personal injury cases, which are civil lawsuits filed by the injured party against the responsible party. To prove negligence, four elements must be established: duty, breach of duty, causation, and damages.

Personal injuries frequently result from negligence on the part of others. The several categories of carelessness that may be present in Florida personal injury cases are discussed by a Florida personal injury lawyer, along with how each category may affect the amount of compensation to which you may be entitled.

What Falls Under Negligence When It Comes To Personal Injury?

The traditional concept of carelessness includes failing to take reasonable precautions or engaging in actions that cause personal injury. Holding someone accountable for the harm their reckless behavior causes is feasible.

Four components of carelessness must be proven to receive compensation in a Florida personal injury lawsuit:

  1. You have a duty of reasonable care to the at-fault party;
  2. They violated this commitment through their deeds or omissions;
  3. You suffered immediate physical harm as a result of this duty breach;
  4. That, as a result, you truly experienced losses.

Economic losses in a personal injury case refer to monetary damages, including medical costs, missed wages, and property damage. 

After you can demonstrate your actual losses, you can be qualified for non-economic damages like payment for your pain and suffering and any enjoyment of life that was diminished due to your injuries.

Comparative Negligence 

Under the legal doctrine of comparative negligence, you may still be entitled to compensation if you made a major contribution to an accident that resulted in injuries.

Comparative negligence explained Even if you share some of the blame, you may still bring a negligence claim under Florida Statutes Section 768.81, sometimes known as comparative or contributory culpability. 

The judge or jury will assess the proportionate responsibility owed by each party in light of the evidence given. 

The potential amount of compensation is reduced by the degree of blame attributed to you. 

For instance, you might only be entitled to 60% of the damages, or $60,000, if you are found to be 40% at fault, and your damages total $100,000.

In personal injury cases involving comparative or contributory negligence, two often utilized factors—pure comparative and modified comparative negligence—may impact your right to compensation.

What is pure comparative neglect, to begin with? You are still entitled to compensation even if you bear most blame for your accident or injuries in jurisdictions that apply the pure comparative negligence standard based on the level of responsibility.

What does modified comparative negligence mean? In states that use modified comparative negligence, similar percentages of fault are given, but to be eligible for compensation, you must be less than 50 or 51 percent at fault for your injuries.

Thankfully, Florida courts follow the strict comparative negligence principle. This implies that you may still be eligible for compensation in a lawsuit even if you are solely responsible for your injuries.

What Is Gross Negligence?

Drunk driving is one example of egregious negligence that could lead to increased compensation in a Florida personal injury case.

Another element of personal injury claims in Florida that may impact how much compensation you are eligible for is gross negligence. 

When someone acts responsibly, it must be clear from their actions that they intentionally disregard the rights, safety, or life of others. What’s occurring here is egregious negligence. 

How Are These Instances of Negligences Proven?

Suppose you wish to prove this carelessness in Florida personal injury cases. In that case, you need a skilled Florida personal injury attorney to form a solid legal defense and gather the required proof. This comprises:

  • accident investigation findings;
  • observations made by witnesses;
  • video or photographic evidence of the event;
  • testimonies from experts in accident reconstruction.

You can support your claim by going to the doctor as soon as you can after an accident, keeping all of your follow-up visits, and according to your doctor’s recommendations for work or activity limitations.


Negligence can take many forms, including negligent acts, omissions, and entrustments. Negligent acts refer to the failure to meet a reasonable standard of care, while negligent omissions refer to the failure to take reasonable steps to prevent foreseeable harm. Having a personal injury lawyer in Florida is important to ensure the best outcome for any personal injury case.

Mendes, Reins & Wilander is a personal injury litigation firm, and our areas of expertise include major and catastrophic injury, nursing care and assisted living neglect and abuse, medical malpractice, wrongful death, and automobile accidents involving cars, motorcycles, and trucks. Speak to a Florida personal injury attorney today!