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Contact us today: 866.461.7474 or 727.461.7474 | 581 South Duncan Avenue Clearwater, FL 33756
Coleman Law Firm
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Negligence Claims

Clearwater personal injury attorney Accident Report FormThe Key Elements of a Negligence Claim by a Clearwater Personal Injury Attorney

The vast majority of personal injury claims are decided on the legal concept of negligence. What you may perceive as negligent behavior may differ from how it is regarded from a legal standpoint; in order to prove negligence, your Clearwater personal injury attorney will need to show that four specific elements apply.

The Four Elements of a Negligence Claim

It is unlikely that you or your Clearwater personal injury attorney will refer to the four key elements of a negligence claim when negotiating your case. An insurance adjuster is more likely to discuss who was at fault, whether you have a claim, and if so, how much it is worth. That said, the following elements are certainly understood by the adjuster, and if it is possible he will use these to undermine your claim.

  1. Duty of Care: A duty of care is created by virtue of the relationship of the defendant to the plaintiff. For instance, if the defendant is a motorist, he has an obligation not to drive in such a way that endangers others. A defendant who manages a grocery store may have an obligation to clean up a spill on the floor before someone slips and becomes injured from it. Duty of care can be difficult to show in some cases. In the example of the store manager, he must take what the law terms “reasonable” action to prevent an accident. However, he needs to have had time to clean the spill. There is no clear legal definition of what is a reasonable amount of time in which to do this.
  2. Breach of Duty: Once duty of care is established, you or your Clearwater personal injury attorney will then need to show that this duty was breached in some way. This means that the defendant acted or failed to act in such a way that he failed in his duty of care. Most personal injury claims hinge on this element.
  3. Causation: The breach then needs to be shown to have caused the injuries you suffered. The element of causation can be difficult to prove. For instance, proving causation can be hampered if the plaintiff also acted in a negligent way.
  4. Damages: Even if the defendant can be shown to have caused the accident through negligence, without some sort of damages you will not have a claim. Damages refer to the injuries suffered by the plaintiff. These can be physical and/or emotional injuries, damage to property, etc.

Contact Our Clearwater Personal Injury Attorney with Your Claim

A person who has suffered injury because of another’s negligence should strongly consider hiring a Clearwater personal injury attorney to help with the claim. Call the Coleman Law Firm today to set up an initial consultation at (727) 461-7474.

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581 South Duncan Avenue
Clearwater, FL 33756


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Fax: 727.461.7476
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    Testimonials

    I engaged the Coleman Law firm on two occasions and all of my transactions were handled from out of state. Mr. Coleman and all of his staff were very knowledgeable and personable. They dealt with everything in a very professional and timely manner. They kept me informed of what was happening all the… Read more
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    I’m very pleased with the way the Coleman Law Firm handled my matter. They were caring, fast, and I felt I was in good hands.
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    We are pleased to have this opportunity to describe how individualized your services were to our needs. Not only was the staff attentive, caring and helpful, but also the firm was extremely in tune to the complicated activity of market affairs and our particular problems. We would definitely recomm… Read more
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    Complete honesty and a close attention to all details involved in my case. Close guidance in all areas.
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    My husband and I saved and planned for a comfortable retirement. We retired in 2000. Due to improprieties and uncontrolled circumstances by our financial advisor and financial institute; we lost a substantial amount of our retirement savings. Thankfully, we were referred to attorney, Jeffrey P. Cole… Read more
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    I have referred probably at least five cases to the Coleman Law Firm. I have found Mr. Coleman and his staff to be both knowledgeable and down to earth. Mr. Coleman assisted with real estate matters, probate matters, and some personal injury cases with success. I will continue to refer cases to him … Read more
    Lee G.
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    Mr. Coleman is obviously very knowledgeable in his field, but he is also very approachable, and easy to talk to. He takes the time to explain things fully in a way that is easy to understand. He kept me very well informed of the progress of my case, and then made a superb presentation at my final he… Read more
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    My name is Dr. Christine LaRae Larson. I have been involved with Coleman Law Firm, needing legal counsel in my new role as a trustee. Personally and on the front end of my position, I had very little experience as a trustee. But now, as my involvement with Coleman Law Firm has continued, I am no lon… Read more
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    Jeff Coleman helped me with my case and I would use and recommend him again.
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    Jeff & Emily prepared a complete estate planning package for me. All documents, including adjustments due to recent changes in the law and specific stipulations I requested. Everything completed in a professional, timely manner and with patience in dealing with me. I would recommend The Coleman Law … Read more
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