The question we hear most often from injury and accident victims is: “What’s my case worth?” The question is entirely understandable—you’ve been injured, you’re racking up medical bills, and it’s not fair that you have to pay for injuries caused by someone else’s negligence. But, unfortunately, it’s also the wrong question. The better question is “What types of damages can I recover?” Each car or truck accident, slip and fall, or medical malpractice incident will have unique dynamics and facts that no other case has. For good reasons, as we’ll see below, it’s these case-specific facts that will determine what damages are recoverable.

Most people have an intuitive understanding of what “negligent” behavior is. But like so many other terms, “negligence” has a specific and technical meaning in the legal world (i.e. it’s a term of art). Understanding the legal definition of negligence is key to understanding Florida’s personal injury laws since negligence typically serves as the basis for most personal injury cases, such as car accidents, truck accidents, premises liability cases, malpractice suits, and more.