Justia Lawyer Rating
AVVO Rating
AVVO Reviews
Super Lawyers

The Elements of a Car Accident Personal Injury Lawsuit

Car accidents are unfortunately common occurrences, especially in Florida and New York. When they result in a personal injury, navigating the legal aftermath can be challenging when you’re trying to focus on recovering physically.

If you find yourself in this situation, it's crucial to understand the elements of a car accident personal injury lawsuit to ensure you can seek the compensation you deserve for your injuries. At The FAB Law Firm, our team regularly handles these cases in Florida and New York. We want to help you understand the basic elements necessary to pursue a lawsuit against others involved in your accident.

Negligence: Establishing the Foundation

When pursuing a personal injury claim after a car accident, one of the primary legal elements at play is negligence. In simple terms, negligence refers to the failure to exercise reasonable care under the given circumstances on the road. To establish a successful personal injury claim, a plaintiff and their attorney must demonstrate several key elements.

Duty of Care: The first element involves showing that the defendant, typically the at-fault driver, owed a duty of care to other road users. All drivers must adhere to a certain standard of care while operating their vehicles.

Breach of Duty: Next, the plaintiff must prove that the defendant breached their duty of care. This breach can take various forms, such as tailgating another vehicle or engaging in distracted behaviors like texting while driving. Any conduct that deviates from the standard of care can be considered a breach.

Causation: Once the breach is present, the plaintiff must establish a link between the defendant's breach of duty and the injuries suffered. In other words, they must demonstrate that the defendant's actions or failure to act directly contributed to the accident and the resulting injuries (and thus, medical costs associated with them).

Quantifiable Harm: Finally, the plaintiff must show that they suffered quantifiable harm as a result of the accident. This harm can encompass physical injuries, medical bills, lost wages, pain and suffering, and other related damages.

Proving Liability: A Key Challenge

In car accident personal injury cases, establishing liability is often a significant challenge. While the defendant's behavior doesn't have to be the sole cause of the collision, it must be a primary factor contributing to the accident. Additionally, the plaintiff needs to demonstrate that the accident would not have occurred if the defendant had properly operated their vehicle without a breach of duty.

One common defense strategy employed is to argue that the plaintiff shares some responsibility for the accident. Fortunately, in Florida and New York, even if a plaintiff is found partially at fault, they can still recover compensation (Florida’s laws recently changed so recoverable damages are more limited now). The damages awarded will be reduced in proportion to the plaintiff's degree of fault, but they won't be barred from seeking compensation entirely.

Seek Reliable Legal Representation From The FAB Law Firm

If you or a loved one has been a victim of a personal injury car accident, it's crucial to seek legal assistance promptly. Navigating the complexities of personal injury law, establishing negligence, and proving liability require experienced professionals on your side. At The FAB Law Firm, we are dedicated to providing aggressive, honest, and compassionate representation for car accident victims.

Don't let the legal process overwhelm you – contact us today to get the best representation that brings you peace of mind while you focus on recovering from your injuries.
Client Reviews
"Felicia is an outstanding lawyer who cares dearly for her clients. I have seen first hand the lengths she'll go to protect her client's rights and fight for the best outcomes in their cases. She keeps them informed and involved and always has their best interests in mind. I highly recommend The FAB Law Firm for Family Law.” Vaneskha H.
"I couldn't be more happier with Ms.Bunbury. She's efficient and understanding. Very dedicated to her profession and making sure her clients get the best outcome possible. I would recommend her to anyone!!! Thank you so much!!!!" Nikeisha A.
"I had an absolutely great experience with the FAB LAW FIRM. I used them for a personal matter and I must say they are professional, honest and punctual. I was very satisfied with the end result. I would recommend them to anyone I know." Arianne C.