Negligence is a key concept in many personal injury claims. But what does it mean to be negligent, and how do you prove it? 

If you or a loved one have been injured, negligence will likely be a major part of your claim. A personal injury lawyer can explain the legal elements involved and help you prove your case.

What Are the Legal Elements of a Negligence Claim?

Negligence is a legal term that describes someone’s failure to behave as a reasonably prudent person would in a similar situation, which causes harm or injury. Providing negligence is often required to secure compensation through a personal injury claim. To do so, you must establish four elements: duty, breach of duty, causation, and damages.

Duty of Care

The first element is the duty of care – or a legal obligation someone has to avoid causing harm to another. The duty of care varies depending on the circumstances. However, there are some common duties. For example, drivers have a duty to follow traffic laws and drive safely to avoid accidents, and property owners have a duty to maintain safe premises for visitors.

Breach of Duty

Once the duty of care is established, the next step is to prove that someone breached this duty. A breach occurs when someone fails to behave as a reasonable person would in a given situation, such as by being careless or reckless. For example, a driver running a red light or speeding has breached their duty to obey traffic laws and drive safely.


The causation element links the breach of duty to your injury. You must show that the breach of duty directly caused the harm you suffered. This involves proving that your injury was foreseeable and would not have occurred “but for” the other person’s actions.


The final element in a negligence claim is damages. You must show that you suffered actual harm or injury. Damages can be economic, such as medical expenses, lost wages, and property damage. They may also be non-economic, such as pain and suffering, emotional distress, and loss of enjoyment of life. A negligence claim cannot succeed without damages, even if the other elements are proven.

Examples of Negligence in Florida

Negligence can occur in many different ways. Our personal injury lawyers represent the injured in negligence claims across Florida. 

Examples include:

  • Car accidents: Drivers who engage in reckless behavior, such as speeding, texting while driving, or driving under the influence, can cause serious accidents and injuries. Their failure to adhere to traffic rules and drive safely often constitutes negligence.
  • Slip and fall accidents: Property owners who fail to maintain safe premises and repair hazardous conditions, such as wet floors, uneven surfaces, or poor lighting, may be held liable for slip and fall accidents.
  • Medical malpractice: Healthcare professionals have a duty to provide a standard level of care to their patients. They may be negligent if their conduct results in misdiagnosis, surgical errors, or improper treatment.
  • Product liability: Manufacturers have a duty to ensure that their products are safe for consumers. They may be negligent if a defective product causes injury.
  • Workplace accidents: Employers must provide a safe working environment for their employees. Negligence involving workplace safety protocols, training, or equipment maintenance can lead to accidents and injuries.

If you or a loved one has been injured, our team can evaluate whether negligence may be involved.

How Do Florida Personal Injury Lawyers Prove Negligence?

Proving negligence is no easy task, but a personal injury lawyer can improve the odds of doing so successfully. 

Our team can handle all aspects of a negligence claim, including:

  • Investigating your accident: We will conduct a detailed investigation into the circumstances of your accident. This includes gathering police reports, medical records, and witness statements.
  • Collecting evidence: We can gather evidence to prove each element of negligence. We might obtain video footage, photographs, expert testimony, and other materials that may be available to support your claim.
  • Establishing duty and breach: We’ll use decades of experience in personal injury law to show that the person responsible for your injuries breached the legal duty that applied.
  • Proving causation: We will use evidence and expert testimony to show how someone’s actions caused you harm.
  • Calculating your damages: We’ll assess the full extent of your economic and non-economic damages. Our team can work with medical professionals, economists, and other experts to calculate the impact of your injury so that no potential compensation is left behind.

Schedule a free consultation to learn more about how an Orlando personal injury lawyer can help with your negligence claim.

Injured Due To Someone’s Negligence? Contact a Florida Personal Injury Attorney For Help

If you have been injured due to someone else’s negligence, an experienced Orlando personal injury attorney at Norden Leacox Accident & Injury Law can help you understand your rights. Our team can investigate your claim, collect evidence, establish negligence, and fight for the compensation you deserve. Contact us at (407) 801-3000 for a free consultation today to discuss your case and legal options.