What is a Cause of Action for an Orange Park Negligence Case?

April 10, 2012

Orange Park Negligence AttorneyAs a Orange Park Negligence Attorney I handle all types of Personal Injury claims resulting from car accidents, product defects, slip and falls, dog bites, PIP claims, and others. Although there are numerous reasons a party can be found at fault for the injuries, the most common is Negligence. Negligence is a legal standard whereby the person's failure to exercise the standard of care that a reasonably prudent person would have exercised in a similar situation. Therefore, if you are found to have acted negligently, you could be liable for the damages caused.

An Orange Park Negligence Claim requires a showing of:

  1. A Duty;

  2. A Breach of said Duty;

  3. Causation; and

  4. Damages resulting because of the Negligence.

The duty requirement in an Orange Park Negligence action is defined as a standard of care that the defendant was required to maintain in order to protect the plaintiff from risk of injury or death. In the case of a car accident, the at-fault driver has a duty to drive their vehicle in such a manner that would not cause a risk of injury or death of other drivers on the roadways. A Breach of said duty is when the defendant has failed to conform to the standard of care. In my example, the defendant has breached this duty when he rear-ended the plaintiff's vehicle.

Now, it must be shown a correlation between the breach of the duty and the damages that have resulted. In an Orange Park Negligence action, two types of causation must be proven, actual and proximate causation. Actual causation is determined whether the plaintiff's injuries would have not occurred but for the defendant's negligence. In addition, proximate causation is determined on a foreseeability standard. Meaning, the injuries sustained are foreseeable from this type of negligence. In my car accident example, the plaintiff would not be injured but for the defendant's negligent driving. Furthermore, the injuries sustained are a foreseeable consequence to a rear-end collision.

The last aspect of an Orange Park Negligence action is damages. Damages are just that, damages you have sustained from the negligent act. These include, personal injuries, medical bills, lost wages, property damages, etc.

Although an Orange Park Negligence action seems straightforward, the process can be quite complicated and cumbersome, especially when an insurance company is involved. That is why if you or a loved one have been injured by the negligent actions of another, contact an Orange Park Negligence Attorney to discuss what legal remedies may be available to you. I offer my client FREE consultations and have three convenient offices located in San Marco, Jacksonville, and the Jacksonville Beach area.