In the realm of personal injury litigation, proving negligence is essential for holding responsible parties accountable for their actions. Negligence per se a Latin term meaning “negligence in itself” represents a powerful legal doctrine that simplifies the process of establishing negligence under specific circumstances.
This blog will explore the nuances of negligence per se and its application in Florida tort law. Whether you’re a legal professional, a victim seeking justice, or simply curious about the legal landscape, this discussion promises to deepen your understanding of this critical concept.
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What is Negligence?
Negligence, a key principle in personal injury law, involves failing to exercise the reasonable care expected under specific circumstances, leading to harm or damage to another individual or their property. To prove negligence in court, the injured party must demonstrate four elements: the existence of a duty of care, breach of this duty, causation linking the breach to the injury, and actual damages incurred.
Duty of care is determined by the relationship between the involved parties and the situation’s specifics, such as safe driving or competent medical care expectations. A breach occurs when this duty is not met through actions like reckless driving or medical malpractice. Causation must show that the injury directly resulted from the breach, and damages refer to the tangible losses suffered, including medical bills and lost income.
Negligence manifests in various forms, notably ordinary negligence, where standard care is not met, and gross negligence, indicating a severe disregard for others’ safety. In Florida, a comparative negligence system allows for the reduction of the plaintiff’s compensation based on their fault percentage if it is 50% or less.
Negligence per se, a distinct legal concept, is established when a defendant violates a specific statute or regulation, thereby assuming responsibility for the resultant harm. This doctrine necessitates proving the statute’s violation, its applicability to the case, and a direct causal link between the violation and the injury.
Franklin Domenech, Esq.
Attorney - Partner
William Alexander Corzo, Esq.
Attorney - Of Counsel
Instances of negligence per se include traffic law breaches leading to accidents, property owners disregarding safety regulations, and manufacturers failing to adhere to product safety standards. This doctrine eases the plaintiff’s proof burden, as statute violation can lead to an assumed negligence, aiding in liability establishment and damage recovery.
Understanding negligence per se is crucial in personal injury cases in Florida, as it can significantly influence the case’s outcome and facilitate the legal process for those injured due to others’ negligence.
Negligence per se is a powerful legal doctrine that can significantly impact the outcome of personal injury cases in Florida. If you’ve been injured due to someone else’s negligence, it’s essential to understand how negligence per se may apply to your situation and how it can strengthen your case.
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Negligence Per Se vs. Negligence
While both “negligence per se” and “negligence” relate to the breach of a duty of care and can lead to liability in personal injury cases, they have distinct differences that are important to understand. In this blog post, we’ll delve into the definitions of negligence and negligence per se, explore how they apply in personal injury law, and highlight their key distinctions.
The primary differences between negligence and negligence per se lie in the burden of proof and the role of statutory law:
Burden of Proof: In a negligence case, the plaintiff must prove all elements of negligence by a preponderance of the evidence — in other words, the burden is on the plaintiff to prove it. In contrast, negligence per se establishes a presumption of negligence based solely on the defendant’s violation of a statute or regulation, shifting the burden to the defendant to prove that they were not negligent.
Role of Statutory Law: Negligence per se relies on the violation of a specific statute or regulation to establish negligence, whereas ordinary negligence does not necessarily require a violation of law. However, evidence of a statutory violation can still be used to support a claim of ordinary negligence.
What Types of Damages Can Proving Negligence Help Win?
In cases where an individual sustains injuries due to the negligent or reckless behavior of another, it’s pivotal to comprehend the spectrum of damages that could be awarded in tort litigation. Central to securing such awards is the establishment of negligence. Compensatory damages are the cornerstone of the financial remedy, tailored to address the losses and expenses incurred from the incident or injury. These compensations are bifurcated into two principal categories: economic and non-economic damages, each addressing different facets of the victim’s losses.
Economic damages are concerned with tangible, monetary losses that can be precisely quantified. These include medical expenses, encompassing the gamut of past and future medical care, hospital stays, surgical procedures, medications, rehabilitation services, and ongoing therapy. Lost wages are another significant aspect, compensating for the income the victim forfeited due to the injury. This category extends to cover wages, salaries, bonuses, and other employment benefits that were lost. Property damage compensation is also included, addressing the costs of repairing or replacing property, such as a vehicle damaged in an accident. Furthermore, economic damages cover additional out-of-pocket expenses directly related to the injury, including transportation to medical appointments and costs incurred for necessary modifications to the home.
Non-economic damages, in contrast, pertain to intangible losses that, while not directly quantifiable in monetary terms, hold significant impact on the victim’s life. These damages include compensation for physical pain and suffering, acknowledging the victim’s endured discomfort and emotional distress post-injury. Emotional distress compensation covers the mental and emotional fallout from the accident, such as psychological trauma, anxiety, depression, and other mental health conditions that arise. Loss of enjoyment of life is another critical aspect, compensating for the diminished ability to engage in hobbies and activities previously enjoyed. Lastly, loss of consortium addresses the repercussions on the victim’s personal relationships, particularly with spouses or family members, compensating for the loss of companionship, affection, and support these relationships provided before the injury.
Punitive Damages
In cases involving egregious misconduct or intentional harm, punitive damages may be awarded in addition to compensatory damages. Unlike compensatory damages, which aim to compensate the victim, punitive damages are intended to punish the defendant and deter similar misconduct in the future. However, punitive damages are relatively rare and are typically only awarded in cases involving extreme negligence or malicious intent.
Calculating Damages
Calculating damages in a personal injury case can be complex, as it requires assessing the full extent of the victim’s losses and the impact of the injury on their life. Economic damages can be calculated based on medical bills, pay stubs, and other financial records, while non-economic damages are more subjective and may require expert testimony from medical professionals and mental health experts.
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Establishing negligence per se or negligence in a personal injury lawsuit demands meticulous attention to detail and a comprehensive grasp of legal standards. But by focusing on the key elements of violating a statute or regulation, proving that statute or regulation applied to what happened to you, and proving that breaking that statute or regulation caused you harm, we can establish negligence per se and help strengthen your case.
If you or someone you care about has suffered a personal injury in Florida, don’t face the legal intricacies by yourself. Reach out to Victory Law Firm P.A. for seasoned counsel and advocacy. Our dedicated attorneys are here to assist you in securing the compensation owed to you for your injuries and damages.
Contact us today.