Florida stands out as one of the few states with a no-fault car insurance law. According to this rule, each party’s insurer must cover their client’s economic damages, regardless of fault. While this simplifies the process for monetary claims, it complicates matters when it comes to general damages.
General damages refer to non-monetary harms resulting from a personal injury, such as pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. In cases where an injury causes significant general damages—like paraplegia—these damages can far exceed the economic ones.
To secure general damages, the plaintiff must file a lawsuit against the at-fault party and their insurer. The defense may contest the causation of general damages and argue against awards based on multiples of perceived economic damages.
Establishing Negligence and Linking It to Damages
To prevail in a Florida personal injury case, four critical elements must be demonstrated:
- The defendant owed a duty of care.
- The defendant breached that duty.
- The breach directly caused harm.
- The harm resulted in specific damages.
Establishing the Defendant’s Duty of Care
In American law, a duty of care is the obligation to protect others from unreasonable risk of injury that is foreseeable. Often, this duty is clear and unequivocal. For instance, all drivers inherently have a duty of care towards others on the road.
Demonstrating the Breach of Duty
A breach of duty occurs when a defendant’s actions deviate from reasonable standards, thereby endangering others. For example, a driver breaches their duty of care by driving under the influence or by speeding, disregarding posted limits.
While breaches involving drunk or speeding drivers are relatively straightforward to prove, other cases necessitate extensive investigation.
Proving Causation and Damages
In Florida, to prevail in a personal injury case, a plaintiff must demonstrate actual harm. A breach without resulting harm is not actionable under personal injury law.
Various damages—including medical expenses, lost wages, and pain and suffering—are recoverable in a personal injury case. The plaintiff bears the burden of proving that the claimed damages originated from the alleged breach of duty.
Comparative Negligence Defenses
Defense attorneys often attempt to shift some of the blame onto the plaintiff, as the law permits the reduction of awards for plaintiffs who bear partial fault. Nonetheless, these defenses frequently falter due to the absence of compelling arguments or substantial evidence.
Please call Warren Chin and the lawyers at ECD law for a free consultation at 941-366-8888.