If you have suffered an injury because of the negligent or careless act of person or business operator you should need help from experienced lawyers. No matter what kind of personal injury lawsuit you might be pursuing establishing negligence is a crucial step. Establishing and proving negligence is one of the biggest obstacles that a personal injury victim in Florida. Without proving that an at-fault party was negligent, it is impossible to win a personal injury lawsuit and gain the compensation you deserve. If you want to gain compensation for your injuries, medical bills, or any out-of-pocket expenses, you always need to establish that the at-fault party was negligent in some way.
If you find yourself in this difficult regardless of a car accident, motorcycle crash or victim of crime don't wait and contact a negligence lawyer in Miami at Gerson & Schwartz today. Established in 1970, our law firm has over five decades of personal injury experience. Our attorneys in Miami have dealt with virtually every type of negligence claim imaginable from car accidents, slip and falls, and other careless acts and preventable accidents involving catastrophic injury or wrongful death.
Consultations are free and there are no upfront costs. If you or a loved on believe you were harmed by the careless or negligent act of another do not delay. Call the Miami personal injury law offices of Gerson & Schwartz at 305-371-6000 or toll free at toll-free 877-475-2905. You can also reach a Miami negligence lawyer and attorney in Miami via email at info@gsalwusa.com.
What is Negligence?Negligence is the failure to act safely. This can mean any action, inaction, or general behavior that contributed to an accident, serious injury or wrongful death. Under Florida law, negligence can be acting resulting in a car accident, motorcycle crash, or another serious injury or wrongful
Over the years, the personal injury law offices of Gerson & Schwartz PA have helped numerous victims and family members that have been harmed. With the help from experienced negligence attorneys we have been able to helped negligence victims obtain financial compensation for their injuries.
Under Florida law, negligence is described as failing to do something a careful person would do or failing doing something that a reasonably careful person would not do. Examples of negligence can be anything from driving over the speed limit, failing to correct a dangerous condition on property, failing to diagnose a serious medical condition, or driving while intoxicated.
The Four Essential Elements of Negligence In FloridaUnder Florida law, to prove negligence claim injury victims must prove four key facts when proving negligence. These are known as the "four essential elements of negligence."
Our negligence lawyers in Miami Florida understand how to defend and prove accidents causally related to injuries our client sustained. For these reasons you need experienced lawyers on your side when proving a claim under Florida law.
No matter what kind of personal injury lawsuit you might be pursuing, establishing negligence is a crucial step. If you want to gain compensation for your injuries, medical bills, or any out-of-pocket expenses, you always need to establish that the at-fault party was negligent in some way.
Our law firm focuses on all types of serious injury cases due to the negligence acts of others. For more than 50 years, the Miami personal injury law offices have helped a wide range of these potential cases, including:
In a legal context, "negligence" simply refers to reckless or careless behaviors committed by others that have contributed to your injuries. Negligence is slightly relative in nature because it requires us to compare the actions of a "reasonable" individual to someone who is clearly not acting in a prudent, thoughtful manner, especially in the context of causing harm to others.
Negligence can be unintentional. It does not matter whether a guilty party actually wanted to cause you harm. The fact that they failed to act in a reasonable manner can be enough for a personal injury negligence attorney in Miami to establish that they were negligent.
In addition, at-fault parties can be negligent even through their lack of certain actions. If an entity has a duty to provide someone with a reasonable amount of care, they become negligent when they fail in that duty. Of course, direct actions also constitute negligence, such as speeding through a crowded intersection.
Where Does Negligence End?When we deal with negligence in a legal context, it is important to know when to draw the line. When must an individual assume responsibility for their own injuries? When do we decide that someone did everything they possibly could to prevent injuries, despite any "duty of care" that they have had? These are some of the most important questions that are asked during a personal injury lawsuit, in large part because they are open-ended and open to debate.
For example, "voluntary assumption of risk" is when someone engages in a risky activity and knowingly understands the danger of their actions. Violent, high-contact sports are clearly dangerous, and the court generally assumes that individuals were aware of these risks prior to participation. Because of this, establishing negligence is difficult when there is clearly a "voluntary assumption of risk" on the part of the plaintiff. In many cases, individuals are required to sign a waiver before they engage in extreme sports such as skydiving. This makes establishing negligence even more difficult.
Another example is a so-called "inevitable accident," which is also known as an "act of God." As the name implies, these situations involve freak accidents and strange, unpredictable occurrences. In this case, a court may decide that the accident would have happened anyway and that no one could have possibly prevented it from happening, regardless of any alleged negligence.
Why You Need Help from a Personal Injury Law Firm for You Negligence ClaimIf you need help with any aspect of a Miami personal injury lawsuit, reach out to Gerson & Schwartz injury lawyers today. We understand that the overall legal process can be tricky to understand at times, and we are always here to help. Call us today at 305-371-6000, or toll-free at 877-475-2905. You can also send us an email at info@gsalwusa.com.
This is true in a wide range of different personal injury lawsuits based on negligence claims including:
Even if you are partly responsible for your own injuries in Florida, you can still receive compensation. This is because of a system known as "comparative fault." While not all states follow this system, Florida allows victims to receive a monetary amount that reflects the degree to which they are to blame. For example, if a judge decides that you are 20% responsible for your injuries because you were speeding at the time of your car accident, you would receive 80% of your total compensation.
This means that a qualified, experienced Miami injury lawyer can help you gain compensation even if you feel like you are partly to blame for the incident. No one should have to suffer through painful injuries and loss of wages, and you should strive to obtain the compensation to which you are legally entitled.
Injured due to Negligence? Get Legal Help From An Attorney At Gerson & Schwartz TodayIf you need help with a negligence claim in Miami contact the personal injury law offices of Gerson & Schwartz today. Our attorneys are here to help. Proving a legal cause of action for negligence can be challenging at times, but the process is much easier when you have experienced lawyers in Miami on your side.
Reach out today by calling 305-371-6000, or toll-free at 877-475-2905. You can also send us an email at info@gsalwusa.com, and we would be happy to provide you with more information. Se Habla Espanol.