The Relationship Between Negligence & Personal Injury Law | SteinLaw

The Relationship Between Negligence & Personal Injury Law

Negligence is a significant part of personal injury law. When someone acts carelessly and causes an injury to another person, the responsible party is liable under the legal principle of negligence. This method for determining fault is used in most disputes that involve an accident or injury. These include informal settlement talks and trials in personal injury lawsuits. Here are the typical parts of a negligence claim.

Duty of Care

What it Means:

The first step in a negligence claim is determining if the defendant owed the plaintiff a legal duty of care. This duty means that someone has a responsibility to avoid harming others.

Real-life Example:

For example, drivers have a responsibility to pedestrians and other drivers to obey traffic laws and avoid dangerous behaviors such as drunk driving.

Breach of Duty

What it Means:

After establishing the defendant’s duty, the plaintiff must prove that he or she committed a breach of duty by taking an action or not doing something a reasonably prudent person would do in a similar situation. Children are expected to act as others their age would.

Real-life Example:

Let’s say a store owner knows that the floor is wet but doesn’t put up any sign. If a customer slips and falls because of this, the store owner has breached their duty.


What it Means:

This element requires the injured person to show that the defendant’s negligence directly caused the injury.

Real-life Example:

Texting and driving is dangerous, but it’s not always the cause of car accidents. Even if you were texting, an accident could still be another driver’s fault.


What it Means:

After a court determines that your personal injury is due to negligence, damages will be decided. This is the amount of monetary compensation you should get for:

  • Medical expenses
  • Lost wages
  • Property damage
  • Pain
  • Suffering

Negligent Security

What it Means:

Negligent security is a subcategory of negligence claims where a property owner fails to provide adequate security measures, leading to a person being harmed on their premises.

Real-life Example:

For example, if a hotel fails to fix a broken lock and a guest is robbed or attacked because of this, the hotel may be found liable for negligent security.

Gross Negligence: When Carelessness is Extreme

Gross negligence goes beyond simple carelessness. It involves a reckless disregard for the safety of others. When someone’s actions are so careless that they were either aware of the danger or should have been aware of it, this can be considered gross negligence.

For example, a doctor operating on the wrong body part or a driver speeding through a crowded pedestrian area may be instances of gross negligence.

Understanding Negligence Per Se

In some cases, the very act of breaking a law designed to protect public safety can automatically establish negligence. This is known as negligence per se. For instance, if someone was driving under the influence and caused an accident, the act of driving under the influence can be used as evidence of negligence.

Contributory and Comparative Negligence

Sometimes, the injured person might have also been partially at fault for the accident. Laws regarding how this affects compensation vary by state. In some states, if you are even slightly at fault, you may not be able to claim compensation, while in others, you can claim compensation minus your percentage of fault.

Standards of Care for Different Individuals

The duty of care varies depending on the relationship between the parties involved. For instance, medical professionals have a duty to exercise the degree of skill expected of a reasonably competent healthcare provider in their field, while drivers have a duty to exercise reasonable care to avoid harming others on the road.

Deadlines for Filing a Negligence Claim

It’s important to note that there is a time limit within which you must file a negligence claim, known as the statute of limitations. This deadline varies by state, so it’s crucial to consult an attorney to understand the specifics in your area.

State-Specific Information

While the basic principles of negligence are generally the same across the United States, there are some variations in how states interpret and apply these principles. For example, some states may have different thresholds for establishing negligence or unique laws regarding comparative negligence. Knowing your state’s specific regulations is vital in building a strong case.

In Florida, if you have suffered an injury due to the negligence or wrongdoing of another party, it’s crucial to be aware of the time frame within which you must take legal action. Florida law sets specific deadlines, known as the statute of limitations, for filing personal injury lawsuits. This article outlines the general statute of limitations for personal injury claims in Florida and discusses the exceptions.

Standard Time Frame for Filing Personal Injury Claims in Florida:

The standard statute of limitations for personal injury claims in Florida is typically four years from the date of the accident. Essentially, this means that if you have been injured, you have a window of four years from the date on which the injury occurred to initiate a lawsuit in a Florida court.

Exceptions to the Standard Statute of Limitations:

While the four-year rule is standard, there are instances where different time frames apply. Some of the notable exceptions include:

  • Medical Malpractice Cases: In instances of medical malpractice, the time frame is shorter. The injured party generally has two years from the date of the incident or two years from when the injury was discovered (or reasonably should have been discovered) to file a lawsuit.
  • Wrongful Death Cases: In cases involving wrongful death, the statute of limitations is different. Family members or representatives of the deceased’s estate have two years from the date of death to initiate legal proceedings.
  • Claims Against Government Entities: When the personal injury claim involves a government entity, there is a distinct procedure and a different time frame. A formal notice of claim must be filed within three years from the date of the incident. This notice has to include specific information, and if it is not correctly filed, there may be a forfeiture of the right to pursue the claim.

The Importance of the Statute of Limitations:

You might wonder why there’s such emphasis on the statute of limitations. The reason behind having a statute of limitations is to ensure fairness for both parties involved in a personal injury claim. As time passes, evidence might get lost, degraded, or become less reliable. Witnesses’ memories can fade. Setting a time limit helps in ensuring that the evidence presented in court remains as fresh and accurate as possible, which contributes to a fairer trial.

Florida’s Specific Regulations on Negligence

In Florida, the negligence laws have some unique aspects that are important to understand if you are pursuing a personal injury claim in the state.

Comparative Negligence

Florida follows the pure comparative negligence rule. This means that if you are partially at fault for your injury, your compensation will be reduced by the percentage of your fault. For example, if you are found to be 30% at fault in a car accident and your damages are $100,000, you can still recover 70% of that amount, which is $70,000.

No-Fault Car Insurance

Florida is a no-fault car insurance state. This means that in the event of a car accident, drivers must first turn to their own car insurance policy to pay for their injuries, regardless of who was at fault. To step outside of this no-fault system and file a lawsuit against the other driver, your injuries must meet a certain threshold – they must be considered permanent, result in significant scarring or disfigurement, or result in a loss of important bodily functions.

Finding Legal Assistance

If you believe you have a negligence claim, it’s important to seek legal advice as soon as possible. Understanding the complex nature of negligence laws and how they apply to your specific situation can be challenging. An experienced attorney can guide you through the legal process, helping you understand your rights and options.

Why Legal Representation Matters

In navigating the complexities of negligence and personal injury law, it’s crucial to have knowledgeable legal representation. An experienced personal injury lawyer will work tirelessly to establish the elements of negligence and ensure that you receive the compensation you deserve.

Don’t go through this alone. With STEINLAW, you’ll have a team of experienced lawyers ready to fight for you. Contact Us For a Free Consultation.


Brandon Stein

Chief Executive Officer

Brandon Stein is a Florida based trial attorney born in Queens, New York, and was raised in East Brunswick, New Jersey. Being the son of an accountant that owns a large firm in New Jersey, owning and operating a business is something that was engrained within Brandon Stein from a very young age...[READ BIO]

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