Legal Elements of a Car Accident Lawsuit

An accident attorney in Orange Park can explain that the legal theory in a car accident lawsuit is that the defendant was negligent. Negligence, as a legal term, has a specific definition and specific elements must be met. Your accident attorney in Orange Park must prove all of the following: 1. The defendant had a duty to drive carefully 2. What the defendant did was a breach of that duty 3. There was a causation link between what the defendant did and the accident 4. You suffered some measurable damage as a result Duty Legally, duty is a standard of care owed by one individual to another. The duty of care arises in car accident cases whenever someone gets behind the wheel and drives a vehicle. Breach That duty is breached when the driver fails to act as a reasonably prudent person would under similar circumstances. Causation Your accident attorney in Orange Park must establish that your damages were caused by the defendant’s breach of duty. That is, your injuries would not have occurred but for the defendant’s failure to drive as a reasonably prudent person. Damage Typical damages from a car accident case consist of property damage to the vehicle, past and future medical expenses, past and future loss of income and past and future pain and suffering. Car accidents may seem at first to be clear-cut, but receiving the maximum award you are entitled to is more problematic. Accident attorney in Orange Park John Fagan understands the issues. To better help you understand your rights, Mr. Fagan provides a complimentary initial consultation. Call (904) 215-5555 today.

About John Fagan

John is a Jacksonville native who grew up on the First Coast. He graduated from Bishop Kenny High School in 1975 and went to college at Florida State University where he completed a 4-year program in 3 years. John graduated from the Florida State University College of Business in 1978 and went straight into Florida State University College of Law. While in law school, John earned a position on the prestigious Law Review Board serving as its Business Editor. As a law student, John studied in the Oxford program. He also interned with the Florida Legislature working in the Florida House of Representatives Criminal Justice Committee. John was admitted to the Florida Bar in 1981. John began his legal career as a law school intern in the State Attorney's Office in Jacksonville in 1981. After his internship, legendary State Attorney Ed Austin hired John as a full-time Assistant State Attorney for the Fourth Judicial Circuit (Clay, Duval, and Nassau Counties). As a prosecutor, John tried jury and non-jury trial on charges ranging from DUI to Murder. In 1983, John moved from the State Attorney's Office to begin his career in private practice. He has practiced law for 30 years on the First Coast. For the last 20 years, John and his family have made Clay County their home. John limits his practice to personal injury and disability cases. While there are many fine attorneys in Clay County, John is one of only a few Clay County attorneys who limit their practice to personal injury and disability cases. John takes pride in helping clients resolve injury claims in ways that avoid the stress, uncertainty, and the expense of unnecessary litigation. Professional Activities John is the past President of the Clay County Bar Association and has served on the Board of the Clay County Bar Association from 2009-2013. He is an active member of the Florida Bar, and the Federal Bar of the Middle and Southern Districts of Florida. He is also a member of the American Association of Justice, the Florida Association of Justice, the National Organization of Social Security Claimants' Representatives, and the National Organization of Veterans' Advocates. Service to the Community John is involved in the Clay County Community serving as a member and Director of the Rotary Club of Orange Park, of the Clay County Bar Association, and the Putnam County Bar Association.
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