It’s impossible to talk about any personal injury lawsuit without talking about negligence as well. Despite being a foundational part of such a widely practiced field of law, many people don’t understand negligence. This leads to a host of legal issues and highlights the need for having experienced Florida negligence claim attorneys on your side throughout the entire process.
Learn everything you need to know about negligence below. Don’t hesitate to contact the premier negligence claim lawyers in Florida, The Berman Law Group, today. We’ve helped hundreds of clients get the compensation they deserve and have sterling attorney-client relationships. We can help you too. Call us now at 1-800-375-5555 for legal advice.
What is Negligence?
Negligence is defined as a situation where another person, group of people, or business acts in such a way that someone else is injured or their property is damaged.
While this is the legal definition, things are a bit more complicated in reality. If, for example, someone is injured as a result of a company’s negligence, should the company take responsibility or the employee of the company that caused the injury? This is just one example of how complicated negligence cases can get, and another reason it’s vital to have a Florida negligence claim attorney on your side.
To make things even more complicated, there are certain elements that must be present for any negligence lawsuit to be decided in your favor. These elements are part of the four-step process of proving negligence occurred.
Proving Your Negligence Claim
Proving negligence occurred in your personal injury case is easier said than done. In order to display negligence in the eyes of the law, you must prove that four distinct events occurred in order to prove that the defendant was negligent.
These four events are: duty of care, breach of care, causation and damages.
Duty of care refers to whether the individual, group of individuals, or business owed a reasonable level of responsibility or protection to the public. You can think of this in another way – did the person who caused your accident owe you the duty of behaving in a safe way? Of course, it’s actually much more complicated than this, but that’s where having aggressive Florida negligence attorneys on your side comes into play.
Breach of care refers to whether the duty of care was breached due to the defendant acting in an unsafe manner. For example, if an individual ran a red light, then they breached their duty of care. If a business spilled water on the floor and didn’t clean it up, then they breached their duty of care. Did a doctor commit Florida medical malpractice while you were under their care? These are only a few of examples, but they illustrate a larger point about proving negligence occurred.
Causation refers to whether the actions of the defendant actually caused your personal injury. If, for example, you slipped on spilled water in a restaurant, but fell due to the soles of your shoes, then the causation of your negligence claim has been thrown into question.
The final part of proving negligence is damages. This comes down to proving that you have suffered damages as a result of the injury or accident you were in. There are varied types of damages, including physical, emotional, mental, and financial.
Contact the Florida negligence claim attorneys at The Berman Law Group today to help you prove negligence in your lawsuit. We know what it takes to prove all of these four elements and will fight tirelessly to make sure you’re awarded what you deserve. We’ve worked with clients throughout Florida to achieve favorable outcomes. Your case could be next.
Comparative Negligence in Florida
You can’t talk about negligence in Florida without also talking about comparative negligence. This might sound overwhelming, but it’s actually a simple and incredibly beneficial law.
Florida is what’s known as a “comparative negligence state.” This means that you are entitled to compensation based on how much you and the other party – or parties – are considered at fault. This is especially important when your personal injury claim isn’t cut and dry, or when your actions may have played a part in your accident (this includes car accidents).
Florida assigns comparative negligence based on a percentage scale. So, if the defendant is found to be 50% negligent, and the other 50% is placed on you, then you’re entitled to 50% of the assessed total damages.
Florida Negligence Lawyers You Can Trust
Now that you know what negligence is, how to prove it and how Florida handles comparative negligence, it’s time you called The Berman Law Group. Our experienced team of Florida negligence attorneys have decades of collective experience. We know how to prove how negligence occurred and how to make sure you receive the compensation you’re entitled to.
Don’t leave your lawsuit up to chance, and don’t settle for anything less than the best personal injury attorney representation in the state. Call us today at 1-800-375-5555 for a free case review.