Pembroke Pines, Florida, Personal Injury Lawyer
If you have been injured due to someone else’s negligence in Florida, you may be wondering what legal options you have at your disposal. Personal injuries can result in costly medical bills, losses of wages from time missed at work and emotional trauma that can impact the way you live your life. If you hope to take legal action and get compensation for your troubles, you should be aware of the relevant law in your jurisdiction.
People, businesses and other entities who negligently cause injury to others may be liable for the damages that result. In order to prove negligence in Pembroke Pines, you must prove all the key elements of negligence: duty, breach of duty and cause. If you are able to successfully prove these elements, a court will award damages to restore equity. Damages may be awarded for expenses and lost income but also for the pain and suffering endured due to the injuries. There are a number of defenses that negligent parties can use against your lawsuit. You should consult an attorney to hear more about what steps you can take now to ensure your success.
My job is to make you whole. At my firm, Jared Newman, Esq., I take pride in my ability to achieve real, substantial results for my clients. I am attorney Jared Newman, and I have the experience and dedication to ensure that your case is handled with the utmost professionalism and discretion. For a free consultation about your potential personal injury lawsuit, call my firm at 954-281-7709.
Negligence In Pembroke Pines, Florida
Negligence is the most common cause of action in personal injury cases in Florida. Negligence, as a legal theory, is the means by which courts hold people and businesses liable for the consequences of their actions and inactions. Plaintiffs in personal injury cases establish negligence by proving all three of the following elements:
- The defendant owed a duty of care to the plaintiff.
- The defendant breached that duty.
- The defendant’s breach was the cause of the injuries suffered by the plaintiff.
Duty Of Care For Negligence In Pembroke Pines
“Duty of care” is legalese for the responsibility that one owes to others in certain circumstances. Duties do not exist naturally in a vacuum but are looked at in context based on the relationship between two parties. For instance, a business owes a duty to its employees and clients. A property owner owes a duty to those who enter the property with the owner’s permission. A driver owes a duty to those with whom they share the road.
In most instances, the standard of the duty of care is defined by how a reasonable person would behave in a similar situation. The standard of care may be different in some cases, particularly when the law requires more care out of the person who owes the duty. Examples of situations with higher standards of care include doctors and “common carriers,” like buses and planes.
Breach Of Duty For Negligence In Pembroke Pines
In order to satisfy the elements of negligence in a personal injury lawsuit, the plaintiff must show that the defendant violated their duty to take reasonable care. This element is critical in a showing of negligence because it places the fault of the accident squarely within the control of the defendant. This element can be satisfied without actually proving that the defendant was aware of the cause of harm if another reasonable person should have been aware of it under the circumstances.
An example of a breach of duty might be when the owner of an amusement park fails to rectify a hazardous condition, such as a malfunctioning ride. If the owner knows that the condition exists and should reasonably foresee the harm that might occur to a customer, they must make the best efforts to rectify the situation. Failing to fix the hazard or properly notify the customers about the hazard would amount to a breach of duty for the purposes of a personal injury lawsuit.
Cause For Negligence In Pembroke Pines
In order to succeed in your personal injury lawsuit, the final element that you will need to demonstrate is cause. Establishing this element in a Florida court requires showing that the defendant’s negligent behavior actually caused the accident and the resulting injuries.
Proving cause may be complicated when there are multiple potential causes of an injury. For instance, where the plaintiff was also found to be negligent and that negligence partially contributed to the accident occurring, the plaintiff could have their recovery reduced proportionately or even barred entirely in some cases.
It is also critical for this element that you provide evidence of your injuries. If you are injured in an accident caused by someone else’s negligence, you should seek medical treatment and secure documentation of your injuries.
Damages For A Personal Injury In Pembroke Pines, Florida
Once you have established that the defendant’s failure to abide by their duty of care was the cause of your injuries, you may look to secure just compensation for those injuries. Florida law requires that courts account for a number of factors in determining the value of compensation that they will order. These factors are referred to as damages.
Damages can include expenses that you incurred as a direct result of your injuries, such as medical bills or damage to property. If you missed time at work due to your injuries, lost wages will also be factored into the total.
However, your compensation is not limited to what you can tally up with receipts. Courts will also consider the noneconomic damages from the physical, mental and emotional pain and suffering that you have experienced due to the circumstances of the incident and your resulting injuries. I will be able to provide you with an estimate of how much you might be able to recover in damages from your personal injury lawsuit.
Interested In Pursuing A Personal Injury Lawsuit In Pembroke Pines, Florida? I Can Help Today.
At Jared Newman, Esq., I want to help you get the compensation that you deserve. For your free consultation about your personal injury case, call my office at 954-281-7709.