If you sustain an injury due to the fault of another person, you may be able to file a negligence claim and receive significant compensation. A Florida negligence lawyer, such as personal injury attorney Justin Weinstein at Weinstein Legal, can explain all the elements of negligence, what is necessary to file an injury claim, and will fight to get you the compensation you deserve.
When another party acts with negligence and it results in you getting injured, it’s not fair that you should be left paying the costs. You will likely have medical bills and insurance co-pays and deductibles to cover, as well as costs for medication, possible lost wages due to time off the job, and more. A negligence claim can help you recover these lost amounts, as well as compensate you for future treatment, future lost wages, pain and suffering, and more. However, you must act swiftly and hire a personal injury lawyer for negligence in Florida to help build a case on your behalf.
If you are need of a negliegence lawyer in Palm Beach or Broward Coutny FLroida, contact Weinstein Legal today for a free case evaluation and speak privately with Justin Weinstein to review the facts of your case. Contact us at 954-845-0505.
“Negligence” Defined by Florida Law
According to Florida Legislature 766.203, the definition of “negligence” under Title XLV, Chapter 768. It covers many different instances, including medical and professional malpractice, product liability, strict liability, and more.
A negligence claim, by law, can seek economic damages for lost wages, future lost wages, medical and funeral expenses, the value of property damaged or destroyed in an accident, and more. The law states that an individual may seek compensation for any monetary loss that is the direct result of an injury. A negligence action is a civil case, meaning that the state does not investigate the claim, and the involved parties and their attorneys are responsible for all gathering and presentation of evidence brought before a judge or jury. Law enforcement may be involved if a police report is filed in regard to the injury, such as with a car accident.
You can file a negligence claim against an individual or organization if they breach their duty to keep you reasonably protected, in situations where they are responsible for your safety.
Elements of Negligence
A Florida negligence lawyer will help put together a case on your behalf that proves the other party had a duty to exercise reasonable care and failed to do so. It is necessary to prove fault and to receive compensation, and all personal injury cases are based on the definition of negligence.
There are four main elements of negligence that you must prove to have a successful case.
The first step in a negligence claim is establishing that the opposing party had a reasonable duty to exercise reasonable care. An example of this would be another driver on the road having the duty to drive safely and minimize the chance of an accident. Or, the owner of an animal having the duty to keep you safe from attack.
Establishing Breach of Duty
Establishing that an individual breached their duty to exercise reasonable care is the second element of negligence. Proving they failed to uphold their duty may be simple, or it can be extremely challenging. Examples of a breach of duty include a speeding driver who causes a car accident, a store that fails to fix loose floor tiles that results in a slip and fall, or an animal owner letting their pet off the leash resulting in a bite.
Establishing the Breach of Duty Is the Cause of Injury
After a Florida negligence lawyer helps establish duty and the fact that the opposing party breached their duty, you must prove that this breach of duty is the cause of the accident resulting in your injury. For example, you must prove that a store’s failure to fix loose tiles is what caused your fall and that the fall resulted in your injury.
When filing a negligence claim you will also have to show substantial proof of the damages incurred as a result of your injury. This will include providing documentation regarding medical care and costs, time that you were unable to work, and projected medical treatment and costs for the future.
In order to have a successful case, you must prove each of these four elements of negligence to hold the opposing party responsible. An experienced personal injury attorney, such as Mr. Weinstein at Weinstein Legal, is the lawyer to get the job done right.
A Florida negligence lawyer, such as personal injury attorney Justin Weinstein at Weinstein Legal, will help build a case on your behalf surrounding the elements of negligence. Often, parties settle negligence claims outside of court and avoid the possibility of a trial. You need a personal injury attorney who will fight for you, collect all the evidence necessary, and form a strong case. Mr. Weinstein is that attorney.
From the moment you first contact Weinstein Legal, you will have access to your attorney around-the-clock. Chances are that the opposing party has already contacted a lawyer to help with their defense. You deserve aggressive legal representation fighting for you as well.