Have You Suffered Injuries Due to Somebody’s Negligence?
The Florida Statute 768.81 defines negligence as a failure to exercise care towards others, resulting in harm. This could be due to an action or a lack of action, and a negligence action can be brought against individuals, companies, and even governmental entities for damages.
If you have been injured in Florida due to the negligence of another party, you may be eligible to receive financial compensation. The qualified Coral Springs negligence lawyers at the Law Office of Andrew G. Rosenberg, P.A., understand how confusing these types of cases can be, and we are here to help you through every step of the way. We can assist you in building a case and representing your interests in and out of court to maximize your chances of attaining the best possible outcome.
Schedule a free consultation with our team of Coral Springs negligence attorneys today.
What Are Some Common Examples of Negligence?
1. Medical Malpractice
Medical malpractice occurs when a doctor, nurse, hospital employee, or other medical professional fails to meet the standards of care under the law and causes injury or death. This could be due to a misdiagnosis, failure to diagnose, improper treatment, or any errors that fall below the standard of care expected from such professionals.
2. Automobile Accidents
Auto accidents are one of the most common types of negligence cases. If you have been injured in an auto accident, you may be eligible for compensation for those injuries that resulted from another driver’s negligence. These could include medical bills, lost wages, and pain and suffering damages.
3. Premises Liability
This is when a property owner fails to keep their premises safe, resulting in harm. Such cases can include slips and falls due to poorly maintained sidewalks, inadequate security that leads to injury or assault, or other hazards that cause an injury.
4. Product Liability
This is when a product causes harm due to the manufacturer’s negligence. Common product liability cases may involve defective medical devices, dangerous drugs, faulty automotive parts, and hazardous consumer goods.
5. Dog Bites
Floridian dog owners are liable for any damages or injury caused by their pets. This means the owner is responsible regardless of whether they knew the dog was dangerous.
No matter what type of case you are pursuing, our experienced Coral Springs negligence lawyers can assess your claim and advise you on the best way to proceed. We are dedicated to helping our clients get the compensation they deserve for their losses.
Contact us today for a free consultation with our Coral Springs negligence attorneys.
What Do I Need to Prove Negligence in Florida?
The crucial elements of a negligence claim are duty, breach, causation, and damages. A plaintiff must prove all four elements to prevail in a negligence case. Our Coral Springs negligence attorneys can help.
1. Duty of Care
First, the plaintiff must prove that the defendant owed a legal duty of care. This means that the defendant was obliged to act reasonably or take reasonable steps to avoid causing injury or damage to the plaintiff.
2. Breach of Duty
Second, the plaintiff must show that the defendant breached that duty. This can be done by demonstrating that the defendant did not act with reasonable care or acted unreasonably in a way that exposed someone else to the risk of harm.
Third, the plaintiff must prove causation. This means that it must be shown that the defendant’s actions or inaction were a direct cause of the damages suffered by the plaintiff.
4. Monetary Loss
Finally, the plaintiff must show they suffered damages or injuries due to the defendant’s negligence, which can be compensated. These can include medical bills, lost wages, and emotional distress.
If the plaintiff proves all four elements in court, the defendant can be liable for damages.
Our negligence lawyers in Coral Springs, Florida, are here to help you navigate the complexities of a negligence claim. From gathering evidence to seeking damages, we will work with you every step of the way to ensure that your rights and interests are properly represented.
Can I Still Receive Compensation If I Am Partially at Fault for the Injuries?
Recently, the Florida Governor signed HB837, changing the rules for comparative negligence from pure comparative negligence to modified comparative negligence. Under the new rule, a plaintiff can file a personal injury claim against a defendant only if they are found to be less than 51% at fault for the incident.
If you are partially at fault for an incident, you may still have a valid negligence claim against another party and can seek compensation. But if the court finds that you are primarily at fault, then you won’t be able to recover any damages.
If you or a loved one has been injured due to someone else’s negligence, contact our qualified Coral Springs negligence lawyers today to discuss your legal options. We will review the specifics of your case and help you understand the process for seeking compensation under Florida’s comparative negligence rule.
Is There a Negligence Cap in Florida?
The negligence cap in Florida is the maximum amount of damages that a plaintiff can recover from a defendant as part of a negligence lawsuit. No specific dollar amount can fully make up for economic (monetary) losses or non-economic (pain and suffering) damages. However, Florida law has capped punitive damages to more than three times the amount of compensatory damages or $500,000, as defined under Section 768.73 of the Florida Statutes.
In addition, non-economic damages are subject to a liability cap of $1 million if the medical malpractice results in death (Florida Statute 766.118(2b)) and $500,000 if the medical malpractice results in a catastrophic injury (Florida Statute 766.118(2a)).
Learn how our Coral Springs negligence attorneys can help you. Contact us today.
What is the Statute of Limitations for Negligence Claims?
Florida’s statute of limitations for filing a negligence claim based on personal injury is four years, as defined under Florida Statute 95.11(3). In addition, the statute of limitations for filing a negligence claim for medical malpractice and wrongful death is two years, as defined under Florida Statute 95.11(4).
However, in either case, the clock starts ticking from when the injury occurred, not when it was discovered. If you fail to file a claim within the defined deadline, you will be barred from recovering compensation for your injuries.
If you have a valid negligence claim against a party in Florida, our negligence lawyers can help you understand your legal rights for pursuing justice and compensation. We’ll work with you to ensure we don’t miss any important deadlines that could jeopardize your ability to recover compensation.
Contact our Coral Springs negligence attorneys today to discuss your case.
Talk to Our Qualified Coral Springs Negligence Lawyers Today.
We believe no one should suffer an injury due to another’s negligence. If you have sustained an injury due to the negligence of a third party, contact our qualified Coral Springs negligence attorneys today for a free consultation.
Our legal team will review the facts, gather all available evidence, and help you understand the legal process for pursuing a negligence claim in Florida. We will work with you to file your claim within the applicable time limit and provide reliable advice based on sound knowledge.
Our negligence lawyers maintain a transparent and flexible approach so our clients can be sure they are receiving the best legal help.
Contact our Coral Springs negligence attorneys today to get started. We look forward to helping you obtain maximum compensation for your losses and damages.