Tort is a legal term that refers to a personal injury caused by a civil violation. So if a party causes you an injury, you can take civil action against them. Tort law aims to provide compensation to the victim who has endured an injury, undue loss, or suffering caused by reckless behavior or an intentional act of a wrongdoer. The losses may include physical and emotional pain, loss of quality of life, lost income, and medical expenses.
Here is a brief guide to help you understand the Florida tort law for negligence:
Negligence
Negligence means failing to do something that a reasonably careful person would do under similar circumstances. It is by far the most common type of tort. It may include personal injury and medical malpractice claims.
Florida negligence consists of four important elements:
Duty: A duty of care is the legal responsibility of a person to another person. For instance, the driver of a car has a duty to safely operate the vehicle in such a way that is consistent with the law. It helps prevent any injury and damage in normal circumstances. By breaking the law or operating in an unsafe manner means a person has violated this duty.
Breach: If a person’s conduct falls below the standard of care for the activity, it may amount to a breach of duty. For instance, drivers have a duty to follow the rules of the road, i.e., a red light or stop sign. If the driver fails to follow the rules of the road, and runs a stop sign, or fails to obey a red light, then that driver breaches his or her duty of care.
Causation: It is the most important element of Florida negligence law. It connects the breach of duty, and the harm suffered. For instance, if another driver runs a stop sign or fails to obey a red light and hits your car, but you are not injured, then there is no causation of injuries. In other words, the breach has to cause an injury. If you already had a bad back, and the accident made your symptoms worse (aggravation or exacerbation of a pre-existing condition), you are still entitled to recover compensation for the worsening of your symptoms from your pre-existing condition.
Damage/Injury: An essential element of a cause of action in negligence is bodily injury or property damage. In simple terms, the victim must have suffered some type of measurable harm. In a car accident, bodily harm is usually manifested in injury such as a broken bone, a joint injury, head trauma, muscle spasm, or herniated disc in the neck and/or back.
Comparative Negligence
This law affects your compensation even if you can prove the essential elements in a personal injury case. This standard puts the focus on your conduct in an accident. In simple words, your compensation would be reduced in an amount that’s proportionate to your own negligence (carelessness). For instance, if you are using another driver and your actions contributed 20 percent to the accident, your damages will be reduced by 20 percent.
About Joseph Discepola
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