Negligence

The concept of negligence is often times presented in a variety of different civil lawsuits. Here is what you should know about negligence and how it can play into a lawsuit.

Types of Negligence

There are four main types of negligence. Click the boxes below to find out more about each one.

This is when there is obvious and blatant disregard to the safety of others that results in an injury.

Each party is partially found to be at fault to some percentage. This means that the plaintiff is partially responsible for their injuries.

Each party is partially responsible, but the defense pays a specific amount (usually a reduced amount) determined by a judge.

When someone is held responsible for the negligent actions or omissions of another person.

What is Required for a Claim of Negligence?

There are four main elements of negligence that an attorney must establish when filing a civil lawsuit. They are duty, breach, causation and damages. Depending on the situation, each of these four elements can be easy, or difficult to prove.

Duty

When a person has a duty to act as a reasonably prudent person would, and someone is harmed because of failure to act when they should have, then that person can be held liable.

Breach

Once duty is established, an individual must show that this duty was breached when the defendant didn’t act reasonably (by a preponderance of the evidence).

Causation

Once duty is established, an individual must show that this duty was breached when the defendant didn’t act reasonably (by a preponderance of the evidence).

Damages

Once duty is established, an individual must show that this duty was breached when the defendant didn’t act reasonably (by a preponderance of the evidence).

More About Compensation

Our lawyers are skilled at helping you receive money to compensate you for your accident. When seeking damages to cover the costs incurred in negligence case, the type of damages you can receive include physical (personal injuries or bodily harm), economic (loss of income, medical expenses, or damages to property other financial losses), and emotional (distress, pain and suffering).

What are Defenses of Negligence?

There are three defenses to negligence that you should be aware of. Contributory negligence is when the plaintiff is partially at fault or partially negligence and is therefore only able to obtain some damages. Comparative negligence is when the defendant is at fault for a percentage of the accident, while other factors may have contributed to the injury. Assumption of risk bars or reduces plaintiff’s rights to recover if it is proven that the plaintiff voluntarily assumed the risks.

Our Attorneys Can Help

Negligence claims can involve a lot of direct and circumstantial evidence. Sometimes, it can be difficult to prove a defendant’s responsibility. An attorney will sift through all that information and examine your case and work to prove that your case falls within the requirements of an actionable negligence claim.

Our Florida lawyers specialize in negligence claims, whether personal injury or property damage, and can help you get the money you deserve for the harm you suffered. Hiring one of our experienced attorneys is your best chance to receive reasonable compensation for your personal injury or property damage claim.

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