The Many Faces Of Negligence: A Legal Overview
Negligence is the overall legal term used when an individual’s or entity’s actions have resulted in a provably preventable accident or action that caused harm to another. There are many types of negligence, including those involving car accidents, medical malpractice, and neglect of the elderly and handicapped in nursing homes and assisted living centers. Other scenarios that may result in legal claims include, but are not limited to:
– Birth Injuries
– Negligent Security
– Surgical Errors
– Nursing Errors
– Construction Accidents
– Dog Bites
– Drownings
– Trucking Accidents
– Boating Accidents
– Slip & Fall Accidents
– Product Liability
– Insurance Issues
– General Negligence
In Florida, negligence laws are highly focused on whether or not an individual or entity exercised reasonable care in the prevention arena. Proving a lack of duty of care is essential in negligence claim cases. This is particularly important due to the fact that Florida is what is known as a “comparative negligence” state. This basically means that if the plaintiff (the person filing the lawsuit) is also at fault for the injury, the amount of damages awarded will be reduced accordingly with regard to the plaintiff’s percentage of “negligence.” It is therefore critical to meet with an attorney who is not only experienced in developing cases requiring substantial proof acquired from every legal resource, but also in ascertaining the amount of liability, if any, on behalf of the defendant.
Florida statutes chapter 768 details much of the law regarding negligence, exceptions, and allowable damages.
Time is of the essence. Florida statutes chapter 95 provides details regarding the time frame (known as the “statute of limitations”) that is legally allowed to file this type of lawsuit. Generally, most claims that result in lawsuits must be filed within a four-year time period from the date of the accident or situation. There are exceptions, therefore it is important to consult with an attorney as soon as possible after an incident. Cases take time to build – and filing too late can cause you to lose your right to file a negligence lawsuit in order to potentially recover damages.
Meeting with an experienced Florida Negligence lawyer for an initial consultation is an important step. Doing so will help clarify if a potential case can and should be filed as a lawsuit. Research information about lawyers who specialize in the particular type of Negligence case you are dealing with.
Many lawyers and legal teams offer free initial consultations. At Mallard & Sharp, P.A., we specialize in a wide variety of Negligence cases. To schedule a free initial consultation with our expert legal team call 877.662.5527 or 305.461.4800.