What Is Breach of Duty, and How Can It Impact a Personal Injury Claim?

Every time you hop into your vehicle and hit the road, you’re at risk of being involved in an accident. Sometimes, you may be the driver at fault for the collision but other times the other motorist may be the one responsible for causing the collision.

Proving fault in a vehicle accident is crucial if you’re planning on filing a compensation claim, which means establishing breach of duty—which is only one of the key elements of negligence. But, before you can file a personal injury claim in Florida or pretty much any other state, you must first prove the at-fault party’s negligence.

What is Negligence in a Florida Car Accident?

Negligence is a legal term that can refer to any type of accident resulting in some kind of loss. The losses can be injuries, property damages, or even an impact on your mental health. Lost income also counts as damage, but first, you need to prove negligence.

Okay, so now you have a general idea of what you can list on a personal injury claim but you’re probably still a little confused about the legal definition of negligence.

The legal definition of negligence is blatantly ignoring the safety or well-being of others. In other words, you’re willfully or unknowingly acting in a way that’s placing others at risk.

A crucial part of a personal injury claim is proving negligence. This is a little more complicated than simply stating the other driver is responsible for causing your damages. You must prove the four crucial elements of negligence which include showing the defendant is in breach of duty.

The Elements of Negligence

Proving negligence is a requirement of any personal injury case, regardless of the type of accident. If you can’t prove negligence, there’s a good chance you won’t have a claim against the other party.

This applies whether it’s a car accident or an injury caused by a slip-and-fall. So, what are the elements of negligence and how do you go about proving each one?

Duty of Care

Pretty much everyone has a duty of care to others. Duty of care refers to your actions and behaviors. Everyone is expected to act in a manner that doesn’t place others at risk.

For retail employees, it can include ensuring the aisles are free of hazards like spilled liquids. Motor vehicle drivers have a duty to follow all traffic laws to minimize any potential risk to other drivers.

A duty of care can also be a legal requirement. For example, motorists. If another driver isn’t following all traffic regulations, they’re violating their duty of care and legal obligations. If an employee doesn’t clean up a spill in an aisle or at least place a warning sign, they’re also in violation of their duty of care.

Breach of Duty

Sometimes, proving a breach of duty is relatively easy. You may have video footage from surveillance cameras to help support your claim. Eyewitness testimony can also be crucial. A breach of duty occurs when someone violates their duty of care.

An example of a breach of duty in a car accident can occur when a driver runs a red light and slams into your vehicle. Since the at-fault driver failed to follow all traffic laws, they’re in breach of their duty of care.

Causation

Proving causation can go either way. Sometimes, it’s relatively easy. For example, there’s camera footage of the at-fault driver running the red light. Other times, it’s a little harder to determine the cause of your injuries and other damages.

Both you and the other involved driver may be partially responsible for the accident. We should also note that causation doesn’t specifically apply to how the vehicle accident occurs. Causation also refers to your damages, and this element of negligence typically refers to how you sustained the damages listed in your claim.

The accident scene investigators can help determine the accident’s cause. Typically, the authorities investigate the accident, along with the involved insurance companies. Your personal injury attorney may also send experts to the accident scene, which is common practice if you feel like you’re being assigned more than your fair share of the blame.

Your medical records, along with property repair bills and estimates, also help prove the accident is the cause of your damages. This is one of the few times it pays to save all of your paperwork relating to the accident. You never know what might be important for your personal injury claim.

Damages

This is usually the easiest element of negligence to prove in a car accident claim. Your damages are any losses you experienced from the accident. These can include both economic and non-economic damages.

Your economic damages are usually pretty easy to prove. These are your medical expenses, property damage costs, and any lost income if applicable. Remember how we recommended saving all bills and receipts? This is why you need to keep the paperwork. All of it probably needs to be submitted with your personal injury claims. These documents show that you sustained economic losses.

Most injury claims also include non-economic damages, and this is a little more complicated to prove. Your non-economic damages are intangible losses, which means you don’t have handy bills and receipts to help you prove this loss.

You and your personal injury attorney can use one of two different methods to calculate your non-economic damages. The insurance companies also accept both of the following methods. The per diem method often gives a greater value to your non-economic damages.

However, this doesn’t mean the insurance adjuster is going to approve this amount. You can also calculate non-economic damages using the multiplier method. The total of your non-economic damages may be a little less compared to the per diem method, but you’re still filing to receive fair compensation.

Talk to An Attorney About Proving a Breach of Duty

Proving a breach of duty requires demonstrating that your vehicle accident meets all four elements of negligence, which can be a complex and challenging task. This is why it’s usually best to work with an experienced accident attorney.

Your attorney can guide you through the intricacies of the legal process, ensuring that all necessary evidence is presented and your case is as strong as possible. With their expertise, you can focus on your recovery, knowing that your claim is in capable hands.