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What Negligence Might Mean for Your Accident in Florida


When accidents happen as they invariably do, some may be inclined to turn the other cheek or—to another extreme—take matters into their own hands. Unfortunately, not all accidents are equal, and nor are all responses. Like other states, Florida law has evolved to significantly protect victims of negligence, while also acknowledging potential defenses, as well.

In the wake of an injury, the victim and negligent party may both be fraught with concerns and unsure how to proceed. Both sides have basic rights at stake. Given the potential risks associated with exacerbating an already problematic situation, this is no time to take matters into your own hands. Even when it comes to communicating demands or asserting your ground, you should almost always have an attorney at your side. Before reaching out, however, it may be helpful to familiarize yourself a bit more clearly with what “negligence” actually means.

What Constitutes Negligence in Florida

Not all accidents and injuries occur because someone was at-fault or negligent. Naturally, in deciding the issue it may first be helpful to know how the law defines negligence. Chapter 768 of Florida statutes outlines the law regarding negligence and there are a few basic elements worth understanding. In order to prove that a responsible party was negligent, there are five considerations that must be entertained amid any argument advanced by a plaintiff.

First, was there a duty of care owed to the individual that suffered an injury? In many situations, individuals have a duty to act in a certain manner (or to avoid acting in a certain manner) so as to not cause injury to those nearby. This is the case for a driver on the road, or a doctor providing care to a patient.

Second, did the responsible party breach what was otherwise a previously established duty? If a driver or doctor was indeed doing everything according to their duty, there may be no grounds for alleging negligence.

Third, was the defendant’s breach of their duty a cause of the victim’s injuries? If the harm a plaintiff incurs was merely incidental to another individual’s behavior, there may be no substantial connection between the two.

Finally, the victim must establish that there were real damages (medical bills, lost wages, pain & suffering) on account of the defendant’s relevant conduct.

If these criteria have been met, a victim likely has the basis of a personal injury claim.

When Negligence Causes Injury and Damages, It’s Time to Get Help

Seeking the help of a Martindale-Hubbell AV rated attorney will assure that your basic rights and interests are well represented. The Matassini Law Firm, P.A. in Tampa has the skill and professional pedigree to provide you essential assistance during any personal injury, auto accident, or medical malpractice case.



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The greatest distinguishing feature among attorneys is their level of experience. Our firm has more than 60 years of legal experience, much of it spent in the courtroom at trial. As a result, our Tampa personal injury lawyers rarely encounter an unfamiliar situation and can thoroughly answer your urgent questions. Our criminal defense practice features a board certified criminal trial lawyer and two former prosecutors with impressive knowledge of trial tactics and procedures.

The resources to provide quality representation for the length of your case

Whether your case involves medical malpractice, an auto accident or a wrongful death, your attorney must be prepared to take the case all the way through trial to verdict. Many personal injury attorneys advance the cost of litigation, so they can only last so long before financial pressures start to mount. As a client, you have to wonder whether an attorney's advice to settle your case reflects the quality of the offer or your attorneys need to get paid. Fortunately, The Matassini Law Firm has the resources to pursue civil verdicts and settlements that reflect the actual value of your case.

Call our Tampa Bay car accident lawyers for a free consultation

A crisis in your life calls for capable and compassionate assistance. The Matassini Law Firm, P.A. addresses your needs all the way through the legal process. For your free initial confidential conference with one of our Tampa car accident attorneys, call us today at 813-217-5715 or contact us online.

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