Negligence in Florida Personal Injury Cases

| Feb 24, 2023 | Firm News

If you have been injured due to someone else’s negligence, you are protected by laws that allow you to seek compensation for any financial losses, pain, or suffering you have experienced. To start the process, you must make sure that your case meets the criteria for valid negligence in Florida. This means that you must prove that the injury or damage was caused by another person’s carelessness or failure to meet their legal duties. Once you can demonstrate that, you can file a personal injury claim and pursue the compensation you deserve.

Here, our Tampa personal injury attorney is sharing what you need to know about negligence in a Florida personal injury case:

What Is Duty of Care?

A person’s duty of care requires them to take reasonable steps to protect others from harm. This includes making sure that their property is maintained in a safe way, such as shoveling and salting walkways during snowy times or having plans and processes for cleaning up spills. It also includes following traffic rules and taking good care of their vehicles when driving.

What Happens When Duty of Care Is Breached or Neglected?

Negligence is when a person or company doesn’t take proper care to ensure that people and their belongings stay safe from harm. This could mean a driver not following the rules of the road or a property owner not taking care of their property and letting something dangerous happen to another person. Everyone has a responsibility to ensure the safety of others and themselves, and negligence is when that responsibility is not fulfilled.

Failing to adhere to a duty of care can have devastating consequences. Carelessness can lead to unfortunate accidents that cause physical injury, property destruction, and financial losses. Accident victims may suffer broken bones, brain trauma, and other serious injuries, in addition to costly medical bills and lost wages. Property damage is also a possibility, resulting in damaged homes, destroyed vehicles, and more. Personal injury claims are a way for those affected by breached duty of care to seek reimbursement for their losses, as well as compensation for the pain and suffering caused by the accident.

Determining Fault and Value of Damages or Losses Due to Neglect in a Personal Injury

Negligence in a personal injury case is a legal concept that can be used to determine whether or not an individual or entity is responsible for causing harm to another person. In a personal injury case, negligence is defined as the failure to exercise reasonable care to prevent harm to another person or property. Negligence can occur in many different ways, including failing to follow safety rules, failing to maintain a safe environment, or failing to properly manage a business.

When a person is injured as a result of another person’s negligence, they may be entitled to compensation. Negligence is a type of legal theory that is used to determine whether or not a person or entity is responsible for causing harm to another person. In order to prove negligence, several elements must be present. The plaintiff must show that the defendant owed them a duty of care, that the defendant breached that duty of care, and that the breach of duty caused the plaintiff’s injury.

When negligence is established, the injured party may be able to recover damages for their injuries. Damages may include medical bills, lost wages, and pain and suffering. Negligence can be difficult to prove because the plaintiff must show that the defendant acted unreasonably and that the defendant’s actions were the cause of the injury.

In order to prove negligence in a personal injury case, it is important to consult with an experienced attorney who can help you gather the necessary evidence and build a strong case. An experienced attorney can advise you on the best course of action and help you determine a fair settlement amount.


Neglect of Duty of Care is an important legal concept in Florida and across the United States. It refers to a person or organization failing to take reasonable steps to protect another person or property from harm or damage. When a person or organization fails to take reasonable steps to protect another person or property, they become liable for any damages that result from their negligence.

Negligence in a personal injury case in Florida can be complex, and it is important to have an experienced Tampa personal injury attorney on your side to ensure that you receive the compensation you deserve.

Mendes, Reins & Wilander offers the legal expertise of a Tampa personal injury lawyer who can help you go through the complexities of your case and who will dedicate time and effort to get you compensated for your injury or loss. Contact us to set up a meeting!