Protecting Accident Victims Since 1983

Elements of Negligence (Original)

Elements of Negligence

Personal injury law covers a broad spectrum of actions and behavior whereby, in the vast majority of cases, you have been injured through the negligence of another. It is common to speak of the resolution of such matters as dependent on which party was at fault and how much the case is worth. Although these are important considerations, to prevail in a personal injury claim and recover for the injuries you have sustained, a Orange Park injury attorney must prove the negligence of the defendant by a showing of the presence of four key elements.

Duty

It must be shown that the defendant owed you (the injured plaintiff) some sort of duty. Absent a special duty that may be owed by the nature of the relationship between two parties, there is a general duty of care that each individual owes to another to avoid placing him or her in danger of harm. In some cases, the duty is clear; as an example, the Florida law cites specific rules and regulations for driving. In many other instances, there are not such defined standards, and a Orange Park injury lawyer can explain that the duty of care is to act reasonably under the circumstances.

Breach of Duty

Once a duty has been established, it must be proved the defendant breached that duty in some manner. It may seem apparent that running a red light, for instance, is a breach of the duty of care to drive in a safe manner. But what if the duty of care is to act as a reasonable person would? That can be subject to different interpretation. Consider a situation in which a tenant falls in a poorly lit hallway. The landlord does have a duty to maintain the property in a safe manner, but what is reasonable in terms of inspecting the hallway and replacing burned out light bulbs?

Causation

There must be a direct link between the breach of duty and your injury. As an example, one driver may have run the red light, but what if the other driver was making an illegal turn at the same time? Additionally, perhaps the light bulb may have been out in the hallway, but what if the tenant was careless and running?

Damages

The plaintiff must have suffered a measurable loss that is definite and calculable. It may include physical, emotional, property, and other types of damages.

Contact a Orange Park Injury Attorney for Legal Advice

Personal injury cases require experienced and knowledgeable counsel. For an understanding of your rights, call John Fagan Accident Lawyers at (844) 334-6699.

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Renée Darnell
Renée Darnell
17:27 04 Jun 19
I have recommended Accident Lawyer John Fagan to my family and friends. The Team at Accident Lawyer John Fagan has done an outstanding job representing them.read more
Wesley Caton
Wesley Caton
19:00 04 Apr 19
My experience has been nothing but amazing, Daphne has been astounding and no matter what obscure demand was made by me or insurance she rolled with punches. Her transparancy really meant a lot to me, she was straight forward with every step we were in.read more
Paul Wheat
Paul Wheat
19:06 07 Jan 19
Over all it was not bad.. dealing with work comp I found that very few are on your side and no matter who you are, you are now viewed as a lazy criminal. Debbie was great and communication was clear. Dave did his job but nothing more. I do not feel I was prepared for what I heard in mediation to the extent of the numbers.. as an office 4 stars.. Debbie... 5 stars... the experience... well I'm sorry anyone is even looking for an attorney for help.read more
Dawn Battle
Dawn Battle
18:56 07 Jan 19
Had a wonderful experience at The Fagan Law Firm! Mr. Daze was wonderful to work with, full of wisdom and helped me get my settlement quickly. Would use this law firm again!read more
Maria Galarza
Maria Galarza
15:00 13 Nov 18
My experience was not very pleasant, first we were new clients without any experience about car accidents for that reason we did not know how the process will be or how long that could last. When we started the process we never got explained step by step how will work. We expected more communication from the person in charge of the case in our case was Adrianne, She never answered a call and when I sent emails I did not get an answer on time, most of the time it took more than 48 hours for her to respond and I was not pleased with the answer of my question (leaving me with doubts about what I was asking) when the case of property damage part was finally over with her, the case goes on demand for the insurer which never I saw some copy but I have to clarify that Mrs Daphne nail was very kind.read more
Kristen Rosepiler
Kristen Rosepiler
22:41 19 Oct 18
First off, if I could give Daphne ZERO stars, I would. She was terrible with communication! She could never accept a phone call, I always had to leave messages that she never returned, and didn't even call me on SCHEDULED conference calls. The three stars is only because of my beginning experiences..... My case was transferred to Adrienne, if you have a case here, REQUEST HER. She was such a breath of fresh air. She kept me updated via email about everything. I understand that a lot of phone tag happens during these cases, but she kept me updated on everything. Not a week went by that she didn't tell me what was going on. She fought very hard for me to get my bills and med pay down so that my settlement was better. In the end, she turned an awful experience into a good one. She definitely deserves 5 stars!! Thanks!read more
Chaos with the Christopher's
Chaos with the Christopher's
13:07 09 Oct 18
I don't reccomend this attorney at all. They drug my case out for 6 years. I went 8m without them contacting me. They aren't genuinely for you. I was told that my case wasn't putting any money in their pockets. That's when I knew I had to fire them. 6 years too long! I reccomend Byrd & Byrd!read more
Rand Peterson
Rand Peterson
17:26 28 Aug 17
John Fagan did an exceptional job in dealing with my accident claim. Daphne was also a key player in the settlement that I received. I would definitely use John Fagan (and Daphne) again if the need would ever arise in the future.read more
Joan Brackin
Joan Brackin
22:08 28 Jun 17
The challenges that my daughter has experienced since her car accident last summer have been many. This law firm and their supportive staff have always had an open ear and were only a phone call or email away to answer questions regarding getting her the medical help that she has needed. I highly recommend this group of people to be there in your time of need.read more
Alicia Williams
Alicia Williams
18:32 28 Jun 17
I highly recommend John Fagan for your personal injury lawyer. The staff is very professional and knowledgeable. They are always a phone call away ready to address any of your cares and concerns. When you first meet with John Fagan he makes you feel comfortable and confident he will do the best job he can for you.read more
Rick Bartley
Rick Bartley
18:10 28 Jun 17
So far top notch group of staff. From account manager's that are on top of it and get answers quick to John Fagan being available when needed. Couldn't ask for a better law firm to represent my case.read more
Sandra Danner
Sandra Danner
22:56 23 Jun 17
I really wish I had called John Fagan firm to be on my side a couple years ago after an accident. I did not hire any representation and have always felt like the insurance company cheated me from a fair settlement. It was a time I needed to feel like I had family on my side and everyone at this law firm will treat you like family. John is an especially amazing community advocate. Don't make the mistake I did! Call John Fagan law firm today!read more
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