When one party sues another in Miami, Florida for the injuries they suffered in an accident, they will be required to prove how the other person or party was negligent. Cornell Law School defines negligence as “a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.” For example, drivers in Florida are required to follow all traffic laws and operate their vehicles with caution and care. When a driver fails to do this, s/he can be held liable for their actions or lack thereof.


Proving Negligence


When a personal injury lawsuit is brought against another party, negligence must be proven. To establish negligence, a person must be able to prove these four elements:

  1. The defendant owed a legal duty to the plaintiff.
  2. The defendant breached that duty.
  3. The plaintiff suffered an injury.
  4. The defendant’s breach of duty caused the plaintiff’s injury.


Important: In a civil case, the plaintiff is the person who files the lawsuit and the defendant is the party who is being sued.


Examples of Negligence


To clarify what negligence looks like, here are a few examples of when an individual might be considered negligent:


  1. Drivers in the state of Florida must drive at or below the posted speed limit, taking into account roadway and environmental conditions. If a driver exceeds the speed limit or travels too fast for roadway conditions and causes an accident as a result, s/he may be required to compensate any parties they injure.


  1. If a manufacturer sold a hazardous product and failed to warn consumers of the dangers they would be exposed to if they use the product, the company and/or manufacturer could be sued if someone suffered an injury or became ill as a result of using the product as intended. Although a case like this would be classified as a product liability case, it still falls under the personal injury umbrella and negligence would still need to be proven.


Let the Miami, FL Personal Injury Attorneys at Mario Trespalacios P.A. Fight Your Case


With years of experience in handling personal injury cases, the lawyers at Mario Trespalacios P.A are more than qualified to help a victim file a personal injury lawsuit and fight for any compensation they may be due. To learn more about filing a lawsuit against another party who caused an accident, contact Mario Trespalacios P.A. at 305-261-5800. Mario Trespalacios P.A. offers free consultations to individuals who have been involved in an accident are looking to learn more about their legal rights.


Mario Trespalacios P.A. can be contacted at:


9495 SW 72 Street, Suite B-275

Miami, FL 33173

Phone: 305-261-5800

Website: www.mtpalegal.com

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