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Why Is Duty of Care Important in Florida Personal Injury Claims?

Duty of Care

Operating as a law-abiding citizen comes with an expected standard of care for those around you. Though equally important, duty of care extends further than being kind or generous to others and instead primarily focuses on their safety. When you are out and about in the world, there is a statutory obligation to adhere to the laws and regulations and behave in a manner that is conducive to a safe environment. Failure to do so may leave your community at risk for injury or even death. 

If you are dropping your children off at school or walking to the bathroom in a convenience store, the last thing on your mind is being in an accident due to someone failing to provide duty of care. This recklessness can cost you and your family thousands in medical bills, lost wages, and prescriptions. McPherson & Thomas, P.A. is a Florida-based personal injury law firm with the resources, dedication, and knowledge to help you navigate the overwhelming aftermath of an injury.

What Exactly Is Duty of Care? 

Duty of care is one of the four basic elements of negligence. When filing a personal injury claim, you must prove the defendant was exhibiting all four elements. To get a better picture, here they are broken down: 

  • Duty of care: Duty of care is the standard by which you must operate. This can vary based on your location. For example, in a motor vehicle, it is expected that all drivers adhere to the rules of the road. 
  • Breach of duty: This is the failure to comply with one’s duty of care. Following the motor vehicle example, a breach of this duty would be speeding, not using proper turning signals, running a red light, or driving intoxicated.
  • Causal link: Someone breaching their duty of care does not immediately qualify you for compensation. If someone is speeding on the highway next to you and it does not result in an accident, there is no established link. Through gathered evidence, your personal injury attorney will establish a causal link between the breach and the damages. 
  • Resulted damage: These are the economic and non-economic damages suffered as a direct result of the negligent behavior. 

Demonstrating that the defendant behaved in a negligent manner that directly resulted in an injury takes time, evidence, and knowledge of the law. It can become even harder to do when you are recovering. McPherson & Thomas, P.A. is here to take that burden off your shoulders and begin establishing a duty of care. 

How Will Failure to Adhere to Duty of Care Affect Your Florida Personal Injury Case? 

Failure to adhere to the expected duty of care is the spine of negligent behavior. The difference between adhering to duty of care and failure to do so will determine whether or not you have a case. When you have been injured, it is vital you reach out to a personal injury attorney as soon as possible. This will allow them to begin collecting information and evidence to build a story that demonstrates the four elements of negligence. 

A person, business, or entity’s failure will inform the amount of compensation you are entitled to, whether it is economic or noneconomic. Economic damages as a result of a breach of care can be medical bills, lost wages, rehabilitation therapy, prescription medicine costs, and more tangible items and costs. Non-economic damages refer to the losses not so easily measured, such as depression as a result of the accident, along with stress, anxiety, and loss of enjoyment of life. 

Have a Knowledgeable Personal Injury Attorney Review Your Case Today

Filing a claim takes time and a specific toolkit of knowledge that a personal injury lawyer can help with. The team at McPherson & Thomas, P.A. is ready to help fight for you today. We believe in a people-first approach and will work alongside you from the initial consultation to the end settlement. We don’t see a single penny unless we win the compensation you so rightfully deserve for your losses. 

Let us begin establishing a breach of duty of care today by filling out our contact form or by calling our Florida office at (727) 848-8892.

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