Most personal injury cases are built around the concept of negligence, which occurs when a person or organization fails to meet a certain standard of care to another person. When this failure causes serious injuries or property damage, the injured party may have grounds for filing a legal claim. This can be the most effective way to receive fair compensation for expenses related to his or her injury.

However, winning a lawsuit based on negligence is not as easy as telling a judge that the other party has harmed you. There are four basic elements to negligence, each of which must be demonstrated by a preponderance of the evidence in court. In other words, the evidence of the defendant’s guilt must outweigh the evidence of his or her innocence.

If you have been harmed by a negligent party, call the top personal injury attorney Orlando has to offer, Todd Miner, to help you organize the facts and present a clear, solid legal case.

The Elements of Negligence

Todd Miner Law®️ can help you demonstrate the four components of legal negligence, which are:

  • The defendant had a certain level of responsibility to you. This responsibility will depend on your relationship to him or her. For example, each of us has a duty to avoid unreasonable behavior that may hurt others. Professionals, manufacturers, and other parties may have a higher duty of care to their customers or the general public.
  • The defendant failed to live up to that responsibility. This will require proving that he or she failed to act like a reasonable person or meet the standards of his or her profession.
  • This failure directly caused your injuries. Proving this can be difficult, as there may have been more than one factor in the incident that harmed you. The defendant’s behavior needs to have been a significant contributing factor.
  • Your injuries are significant enough to merit compensation. You will need to show that you have suffered some kind of loss, such as medical bills or impairment.

These cases are often complex, and there are many potential defenses that negligent parties can use. Fortunately, a qualified attorney can be a great help as you pursue justice.

Contact a Personal Injury Attorney in Orlando

Todd Miner, the personal injury attorney Orlando residents rely on, can put his years of experience to work helping you. Contact our offices today for a free consultation.



Todd Miner

Todd Miner is the Senior Trial Attorney & Managing Attorney at Todd Miner Law®️. A Florida native, Todd's journey in law began at the University of Central Florida, where he earned a Bachelor of Arts degree in political science. He then obtained his Juris Doctor degree from Nova Southeastern University, Shepard Broad College of Law. With a background as an Assistant State Attorney and experience in insurance defense, Todd brings over three decades of legal expertise to his practice, focusing on complex personal injury cases. He is dedicated to advocating for his clients and ensuring they receive the compensation they deserve.

Related Posts

Broken Bones and Fractures After an Accident

An Orlando Personal Injury Lawyer's Guide Fractures, or broken bones, are a common injury that can occur at any age. They can be caused by a fall,

View Article


A spinal cord injury can be severe enough to cause paralysis in the victim. The extent of the paralysis will depend on the type of spinal cord injury

View Article


In response to the ongoing coronavirus pandemic, experts have advised Americans to avoid non-essential travel as much as possible. But now, as stay-a

View Article