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What is Negligence?

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If you were in a Miami car accident, you might be entitled to financial compensation if the Miami car accident was due to negligence. A personal injury lawyer must prove negligence in a court of law to be able to win a car accident court case. Negligence is defined as the failure to use reasonable care, which is the care that a reasonably careful person would use under like circumstances. Negligence is doing something that a reasonably careful person would not do under like circumstances or failing to do something that a reasonably careful person would not do under like circumstances. 

What this basically means is that negligence is the failure to take reasonable care in one’s actions or omissions that cause harm or injury to another. For example, if you were involved in a Miami car accident and the other driver was inebriated or on their mobile device, you could be entitled to financial compensation because in a court of law, our lawyers may be able to prove negligence.

Elements of Negligence

In order to prove that negligence has occurred in a Miami car accident, the plaintiff must prove four elements:

  1. Defendant owed plaintiff a duty of care;
  2. Defendant breached the duty of care owed to plaintiff;
  3. Defendant’s breach caused the accident;
  4. Plaintiff suffered damages as result from the accident.


The first element, duty, means that the plaintiff must prove that the responsible party had a legal obligation to act with reasonable care, so as to not cause risk or harm.


In order to prove the element of breach, the plaintiff must show that the defendant breached their duty.


The next element, causation, means that the facts presented must provide a link between the defendant’s breach of duty and the accident that caused damages.


To prove these damages the plaintiff must demonstrate that they sustained losses because of said injuries. The plaintiff can recover medical expenses, loss of income, loss of property, pain and suffering, loss of enjoyment, loss of consortium, and/or emotional distress.

PereGonza The Attorneys can offer a free consultation and give you insight on what the best course of action for your specific case may be. Fill out our personal intake form for more information.


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