When harm occurs due to someone else’s negligence, establishing fault is crucial yet complex, requiring an understanding of legal principles, compelling evidence, and precision. That’s where the personal injury lawyers of Herman & Wells come in – with experience and expertise, they can help ensure the responsible party is held accountable for your suffering.

If you’ve been a victim of personal injury in Florida, don’t hesitate to call (727) 821-3195 today and take the first step towards obtaining the maximum compensation you deserve.

A Floridian involved in a motorcycle accident fills out their injury claim form.

The Cliff Notes: Key Takeaways From This Post

  • 1
    Understanding Negligence: Negligence is a legal term for failing to meet the care level of an ordinary prudent person. In a personal injury claim, proving the other party’s negligence is crucial.
  • 2
    Proving Negligence: Establishing negligence in a personal injury case involves showing duty of care, breach, causation, and damages. Without proving these, a claim won’t succeed.
  • 3
    Duty of Care: It’s the legal obligation to ensure safety and avoid harm to others, a foundational element in proving negligence.
  • 4
    Breach of Duty: This occurs when the defendant fails their duty of care, leading to injury.
  • 5
    Causation: Proving a direct link between breach of duty and injuries sustained is essential.
  • 6
    Damages: Demonstrating actual damages like physical injury or financial loss due to negligence is necessary.
  • 7
    The Role of a Personal Injury Lawyer: Working with a skilled personal injury lawyer can significantly impact a negligence claim, guiding through legal complexities for protecting rights and maximizing compensation.
  • 8
    Contact our personal injury attorneys at Herman & Wells at (727) 821-3195.

Understanding Negligence In Florida Personal Injury Claims

Understanding negligence is key to navigating personal injury claims. As per the Legal Information Institute, negligence is characterized by a failure to act with the caution expected of a reasonably prudent person under similar circumstances, leading to harm.

If a person’s reckless or wrongful behavior led to an accident or injury causing you financial losses and distress, they may be held legally liable through a negligence-based personal injury claim or lawsuit. Thus, a better understanding of negligence can help protect your rights and secure compensation for damages incurred.

Key Factors Of Negligence In Personal Injury Cases

Duty Of Care

Duty of care is a legal obligation requiring individuals to avoid causing harm to others. This concept is universally applicable, for example, all drivers are required to exercise care on the road, obey traffic regulations, and abstain from harmful behaviors to ensure the safety of others.

Breach Of Duty

The second key factor is proving that the liable party has breached their duty of care. In a car accident situation, this may involve evidence of reckless behaviors such as running a red light, speeding, driving under the influence, or disregarding the state’s traffic laws, as seen in Florida.


Causation refers to making a direct connection between the offender’s actions and the victim’s injuries. In a vehicular accident, it would be necessary to demonstrate how a driver’s decision to run a red light led to a collision which subsequently resulted in specific injuries, such as a broken leg or a concussion.


Lastly, for a successful claim, the victim must show that the injury led to tangible damages. These can range from financial costs such as medical bills and lost wages, to non-economic impacts like pain and suffering.

A Floridian involved in a motorcycle accident fills out their injury claim form.