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How to Prove Liability in a Florida Personal Injury Case

If you’ve been injured due to someone else’s negligence or misconduct in Florida, you may be entitled to compensation for your injuries. To pursue a successful personal injury case, though, you need to establish liability. At Flaxman Law Group, our personal injury attorneys work to establish liability in each case and to gather strong evidence to build strong claims.


What Is Liability?

To seek compensation in a Florida personal injury case, you need to prove that another party caused your injuries through negligence or a wrongful act. The party responsible for causing your losses through such actions is said to be liable for your injuries.

Gathering Evidence

To establish liability, it’s vital to gather evidence that supports your claim. You might want to do this by taking the following steps:

  • Take photos that capture the accident scene, any visible injuries, property damage, or hazardous conditions that contributed to the incident.
  • Collect contact information from possible witnesses, if possible.
  • If possible, keep any objects or equipment that contributed to the incident in a safe place.
  • Get prompt medical care and keep copies of medical reports, bills, prescriptions, and any other documentation related to your treatment and recovery.

Understanding Duty of Care

To prove liability, you must establish that the at-fault party owed you a duty of care. In Florida, duty of care refers to the legal obligation to act with reasonable care to avoid causing harm to others. The specific duty of care varies depending on the circumstances. For example:

  • Drivers have a duty to operate their vehicles safely and follow traffic laws.
  • Doctors have a duty to provide a reasonable standard of care to their patients.
  • Property owners have a duty to maintain their premises in a safe condition.

Once you’ve established the duty of care, you must demonstrate that the at-fault party breached that duty. This means you need to prove that they failed to exercise reasonable care. For example, you may need to prove that a store owner knew about loose tiles that posed a tripping hazard but failed to fix the problem.

Causation and Damages

Proving causation means demonstrating a direct link between the at-fault party’s breach of duty and your injuries and also showing that the breach of duty was the primary cause of your injuries. An experienced personal injury attorney can help you establish causation by securing evidence.

In a personal injury case, you must also provide evidence of the damages you’ve suffered because of the incident. Damages may include:

  • Medical expenses.
  • Lost wages.
  • Pain and suffering.
  • Property damage.
  • Incidental expenses.

Working with a Personal Injury Attorney in Florida

Navigating the legal process and proving liability in a personal injury case can be complex. That’s why you might want to call Flaxman Law Group at 866-352-9626 or contact us online to set up a free, no obligation case consultation. Our team has more than 60 years of combined experience and through our offices in Miami, Homestead, and Hollywood, we have recovered more than $100 million on behalf of injured people just like you. Reach out today to discuss your potential case.

Client Reviews
Mr. Flaxman is highly skilled and very pleasant to work with. He communicated with me at every step in the process, and clearly presented information relating to my case. To anyone considering retaining his firm, I highly recommend him. Clara Barman
THE BEST. Honest, very knowledgeable, fast and easy. has helped me in numerous situations and has never failed me. Joe Gee
Charlie is a very skilled attorney that advocates hard for his clients. But the best part is he is an all around great guy. He cares about helping and doing what is right for people and his community. And he is not afraid to fight against those who do wrong or against threats to our world. He is fluent in Spanish as well. Do yourself a favor and call him. Andy
I had a lawyer on another case and I never spoke to the lawyer and I hated that I never knew what was going on in my case. Mr. Flaxman was in constant communication with me, explained everything to me, and his staff was really great too. My phone calls were always returned immediately. It was refreshing to be able to speak to my attorney personally. I would HIGHLY recommend Mr. Flaxman as an attorney to anyone who has been in an accident. Gloria
I found Mr. Flaxman to be an excellent attorney for my personal injury case. This is actually the second time I have used him and he really represented my interests. He explained everything thoroughly and he was very available for my questions. Carol
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