What Are the Most Common Causes of Personal Injury Claims in Florida — and How Does Negligence Factor In? The umbrella of “personal injury” law is home to many different sub-categories. At the most basic level, personal injury cases most commonly arise from the negligence of one party that resulted in injuries and other related damages to the other party. Negligence is broken down into four elements: duty, breach, causation, and damages. For example, in a car accident, if the at-fault party runs a red light and T-bones another vehicle that had the right-of-way, the victim of that accident would need to prove: 1) that the at-fault driver had a duty to drive their vehicle in a reasonably safe manner, 2) the at-fault driver breached that duty by failing to pay attention and drive in a reasonably safe manner, 3) the at-fault driver’s breach of that duty caused the injuries and other related damage to the victim, 4) what those damages are (injuries, past lost wages, past and future pain and suffering, loss of future earning capacity, etc…). Car accidents and premises liability cases remain the two most common sources of personal injury claims in Florida. WWW.LAWYER-MONTHLY.COM 13
RkJQdWJsaXNoZXIy Mjk3Mzkz