The Four Elements of Winning a Car Accident Lawsuit

Jacksonville Personal Injury LawyerTo successfully pursue a lawsuit regarding a car accident that you were injured in, you will need to understand the legal theory that underlines negligence. The goal of you and your Jacksonville personal injury lawyer will be to prove that the defendant, or the person who was responsible for the accident, was negligent and therefore liable for your damages. To establish negligence in any civil lawsuit, you must prove the following four points:
  • The defendant had a duty to be cautious and aware at that time;
  • The defendant failed, or breached, that duty;
  • The accident was a result of the defendant’s failure; and
  • You suffered damages.
How Does This Apply to Car Accidents? Duty: All people have a duty of care when they choose to get behind the wheel and operate a motor vehicle. There may also be a duty where a potential defendant is found responsible for the actions of someone else. Breach: If the driver of the vehicle fails to act as a “reasonably prudent person” would under the circumstances, then a breach has occurred. Causation: You will have to prove that the defendant’s failure directly resulted in your injuries. You might approach this as counterfactual; that is, establish that if not for the defendant’s breach, you would not have sustained the injuries that you did. Damage: This can consist of your past and future medical expenses, your loss of income due to your hospitalization as well as the pain and suffering you are feeling and will feel in the future. If you are considering filing a car accident lawsuit, talk to a dedicated Jacksonville personal injury attorney. Call injury lawyer John Fagan at 904-278-1000.

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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