Norden Leacox Accident & Injury Law | April 17, 2024 | Personal Injury
If you have suffered an injury because of someone else’s negligence, you should not have to pay for it. In Florida, a person may bring a personal injury claim to recover damages, money awarded as compensation for a loss.
A person who brings a claim is referred to as a plaintiff, and the alleged at-fault party is called the defendant. A personal injury lawyer can help you recover damages by filing a claim on your behalf.
Elements of a Personal Injury Claim
To recover damages for a personal injury, you must prove negligence – at least in most cases (some types of cases have other causes of action, such as intentional torts). To prove negligence, the evidence must establish four elements: (1) duty, (2) breach, (3) causation, and (4) damages.
Duty
The very first question in a personal injury claim is whether the defendant owed a duty to the plaintiff. A duty is an obligation to act in a particular manner. For example, if you drive in Florida, you owe a duty of care to other drivers on the road to drive your car safely.
Breach
Once a duty is established, the next question is whether the defendant breached that duty. A breach occurs when someone fails to meet his or her duty of care.
A drunk driver who crashes into another car has breached their duty of care. Driving intoxicated is negligent because it violates the law and increases the risk that an accident will occur.
Causation
Next, the causation element must be met, meaning the defendant’s conduct must have caused the plaintiff’s injuries. In Florida, the evidence must establish that, but for the defendant’s negligent conduct, the injury would not have occurred.
The harm must also have been a foreseeable result of the defendant’s negligence, which is called proximate cause.
Damages
Finally, damages must be proven. In Florida, there are two primary types of damages: economic and non-economic. More on these below.
Damages Available in a Personal Injury Claim
In Florida, you can recover economic and non-economic damages from a successful personal injury claim. Economic damages cover the victim’s losses from the car accident, including medical expenses and wages. These damages are meant to place you in the position you would have been in had the accident never occurred.
Economic Damages
Economic damages also include lost and future wages. If you cannot work due to an accident, you can recover your loss of earnings, including your salary and paid vacation time.
Further, if the accident caused a permanent injury that prevents you from working in the future, your damages include the money you would have earned had you not been injured.
Non-Economic Damages
You can also recover non-economic losses. These losses are subjective and include things like pain and suffering. To prove non-economic damages, a lawyer may present a full picture of how the victim’s life has changed since the accident. This is typically done by presenting the victim’s own testimony, psychological evaluations of the victim, and testimony from friends and family members.
To calculate pain and suffering, a jury considers factors like a victim’s age, the extent of injuries, and how the injuries have affected the victim’s daily life.
Contributory Fault in Florida Personal Injury Claims
Sometimes, more than one party is negligent, and a damages award will reflect that. In Florida, damages are reduced by a victim’s percentage of fault. There is also a 51% bar to recovery.
For example, if a victim is found to be 20 percent responsible for a car accident and the damages suffered are $1 million, then the victim would receive only $800,000. Further, if the victim is more than 50 percent responsible for causing the accident, the victim cannot recover anything.
Note, however, that this principle only applies to car accident claims against the other driver. You can utilize your Personal Injury Protection (PIP) insurance without regard to fault.
Get in Touch With an Experienced Personal Injury Lawyer
If you have suffered injuries because of someone else’s negligence, you should be compensated for it. If successful, a personal injury claim will result in a damages award that will cover your losses.
Generally, a claim founded on negligence must be brought within two years of the date of the accident in Florida. Set up a free consultation with an experienced attorney as soon as you can.
Contact a Personal Injury Lawyer at Norden Leacox Accident & Injury Law Today
For more information, please contact Norden Leacox Accident & Injury Law to schedule a free consultation. We have five convenient locations in Florida, including Orlando, Palm Bay, Melbourne, Cocoa, and Titusville. If you have been injured in Melbourne, FL, talk with our Melbourne personal injury lawyer today for a free consultation.
Norden Leacox Accident & Injury Law – Orlando, FL Office
964 Lake Baldwin Ln Ste. 200
Orlando, FL 32814
Phone: (407) 801-3000
Hours: Open 24/7
Our firm is located near you. We have an office in Orlando, FL.
Find us with our GeoCoordinates: 28.5593579,-81.3271749
Norden Leacox Accident & Injury Law – Palm Bay, FL Office
4620 Lipscomb Street N.E Suite #3K
Palm Bay, FL 32905
Phone: (321) 677-5964
Hours: Open 24/7
Our firm is located near you. We have an office in Palm Bay, FL.
Find us with our GeoCoordinates: 28.039083,-80.6083109
Norden Leacox Accident & Injury Law – Melbourne, FL Office
1600 W Eau Gallie Blvd #205j
Melbourne, FL 32935
Phone: (321) 450-7134
Hours: Open 24/7
Our firm is located near you. We have an office in Melbourne, FL.
Find us with our GeoCoordinates: 28.1289147,-80.6461588
Norden Leacox Accident & Injury Law – Cocoa, FL Office
717 S Cocoa Blvd STE 203
Cocoa, FL 32922
(321) 449-8042
Hours: Open 24/7
Our firm is located near you. We have an office in Cocoa, FL.
Find us with our GeoCoordinates: 28.3511613,-80.7312948
Norden Leacox Accident & Injury Law – Titusville, FL Office
4527 S Hopkins Ave Suite B
Titusville, FL 32780
Phone: (407) 801-3000
Hours: Open 24/7
Our firm is located near you. We have an office in Titusville, FL.
Find us with our GeoCoordinates: 28.5584923,-80.8010051