How to Prove Negligence in a Florida Personal Injury Case
Negligence is the foundation of most personal injury claims in Florida — whether you’ve been injured in a car accident, slip and fall, or other type of incident. But proving that someone else was negligent requires more than just pointing a finger.
At The Bonderud Law Firm, we build strong negligence cases by focusing on the key elements the law requires. Here’s what it takes to prove negligence in Florida and win the compensation you deserve.
What Is Negligence?
Negligence occurs when someone fails to act with reasonable care, resulting in harm to another person. Florida law requires that four elements be proven in any negligence case:
- Duty
- The defendant owed a legal duty to the plaintiff.
- Example: Drivers have a duty to follow traffic laws; property owners have a duty to maintain safe premises.
- Breach of Duty
- The defendant breached that duty through action or inaction.
- Example: A driver runs a red light; a store fails to clean up a spill.
- Causation
- The breach directly caused the plaintiff’s injury.
- There must be a clear link between the defendant’s conduct and the harm suffered.
- Damages
- The plaintiff suffered actual harm (e.g., medical bills, lost wages, pain and suffering).
- No damages = no case.
Evidence That Supports a Negligence Claim
To prove these four elements, strong evidence is key. This may include:
- Accident reports
- Surveillance or dashcam footage
- Photos of the scene or injuries
- Eyewitness statements
- Medical records
- Expert testimony (e.g., accident reconstruction, medical opinions)
- Maintenance logs or company policies (in slip and fall or workplace cases)
Florida’s Comparative Fault Rule
Florida follows a modified comparative fault system. This means:
- You can still recover damages if you were partially at fault, as long as your share of fault is 50% or less.
- Your compensation is reduced in proportion to your percentage of fault.
Example: If you are awarded $100,000 but found 25% at fault, you would recover $75,000.
How a Lawyer Strengthens Your Case
A personal injury attorney can help by:
- Gathering and preserving evidence early
- Identifying all potentially liable parties
- Coordinating expert witnesses
- Calculating the full value of your damages
- Negotiating with insurance companies or litigating in court
Don’t Let Negligence Go Unchallenged
If you’ve been injured due to someone else’s careless or reckless behavior, Florida law gives you the right to pursue compensation — but you must prove your case clearly and convincingly.
At The Bonderud Law Firm, we fight for injury victims and build strong, evidence-based claims. Contact us today to schedule a consultation.
