Our team of attorneys truly care about you and your family, not just the outcome of your case.
Proving Negligence with a Skilled Port St. Lucie Attorney
Our Personal Injury Lawyers Have 85+ Years of Experience to Support Your Claim
Are you involved in a serious accident that was caused by no fault of your own? Have you been injured in an accident due to someone else’s mistake, error, or oversight? If so, you must speak with our skilled Port St. Lucie civil litigation and arbitration lawyers immediately. Your potential personal injury claim will rely on the burden of proving negligence.
Take action before an insurance company has the opportunity to do so! Contact our Port St. Lucie negligence attorneys immediately following an accident.
As one of the oldest law firms on Florida’s Treasure Coast, we have proudly served victims, clients, individuals, and businesses throughout Port St. Lucie since 1927. Our firm is home to a lawyer who is Board Certified in Civil Trial Law, which is the highest level of certification available for legal professionals. We are ready to put decades of experience, extensive legal knowledge, and a history of proven case results to work for your benefit.
What is negligence?
In order for any personal injury claim to be valid, negligence must be proven. As opposed to an intentional act of malice, negligence is an indirect act of carelessness that causes harm to another. Negligence can arise in a number of situations, which is why our firm is prepared to handle such a wide variety of personal injury cases.
Rather than is the case in criminal law, someone accused of negligence is responsible for proving their innocence, rather than having the label of “innocent until proven guilty.” This is called preponderance of the evidence. It rests upon the idea that individuals are responsible for exercising “reasonable care” so others can avoid potential harm.
Examples of Negligence
Negligence also does not have to be a direct action. For example, an employer can have a personal injury claim filed against them if their employee tripped over a pothole on the premises. This is because employers are responsible for the maintenance of their property, even if the employer did not directly create the pothole.
Other common examples of negligence may include:
- A motorist fails to adhere to traffic laws, leading to a serious car accident with multiple injuries.
- A grocery store owner fails to clean up a spill on the floor, leading to a slip and fall injury.
- An apartment complex property manager fails to install adequate lighting after multiple requests from the tenants, leading to a premises liability accident or criminal activity.
In the event that a property owner did not take the necessary steps to prevent injury from happening, they may be held responsible for third-party negligence. On the other hand, negligence can also be a direct cause. Whatever the particulars of your accident and ensuing injuries, we would like to speak with you to determine if you are entitled to a personal injury claim.
Understanding the Elements Involved in a Negligence Case
Loosely defined, negligence refers to any action where a person is accused of failing to exercise care or failing to act as a reasonable person would. If you feel that you have been the victim of negligence, it is important to note that there are certain things that must be proven to establish negligence as the cause.
Below, we explain the elements which must be proven to make a claim:
- Duty of Care – The first step to take in any given case involving negligence is to prove whether or not the defendant had a duty of care to the plaintiff. Essentially, this refers to a legal obligation of one party to exercise reasonable care around another. This may be direct or could be across a considerable amount of time and space; for example, someone building a home may not know the future tenants, but they have a duty of care to build it safely.
- Breach of Duty – The second step is to prove that the defendant breached this duty in some manner. This may occur when the defendant acts in a certain way that they know will cause harm or even if they fail to exercise reasonable care and causes harm through their failure to behave reasonably.
- Factual Causation – The third step is proving that the breach of duty was the direct cause of the injury or illness suffered by the plaintiff. Causation is often much more complicated than one would seem. This is done through the “but for” test. Example: “But for the defendant driving the car drunk, the plaintiff would have not suffered catastrophic injuries in a car accident.”
- Legal Causation – The fourth step is legal causation, which is separated from factual causation to help protect against unfair blame. Essentially, this step determines whether or not the injury could reasonably have been foreseen. If it could not have been, the defendant can often not be blamed.
- Harm – The final step is to prove whether or not the breach of the duty caused a “pecuniary injury,” which is defined as financial damages.
Contact Crary Buchanan at (888) 899-8161 Today
If you believe that you were the victim of a negligent action then please speak with a Port St. Lucie attorney from Crary Buchanan. Our firm is committed to fighting for the rights of accident victims, which can be seen in our firm’s 85-year history. There are many ways that you may have become the victim of negligence, so the only way to find out if you qualify is by speaking with a legal professional.
Injured? Looking to prove negligence? Crary Buchanan is here to help.
Contact us by calling (888) 899-8161 or scheduling your confidential consultation to get started.