Negligence

How a Miami negligence lawyer can help you

How can a Miami negligence lawyer help you? First, any unreasonable act or omission by another person that causes pain, injury or loss may have negligence. Under Miami negligence laws, you should not have to suffer pain or loss because someone else failed to take reasonable care.

If you do suffer injury to your person or loss to your business, the law gives you the right to seek compensation. Sometimes, you can file a Miami negligence lawsuit to claim damages for the harm done to you. It is important to speak with a Miami negligence lawyer before taking starting the process.

Every case is different

There are many aspects to a negligence lawsuit. Because negligence may be present in many claims involving injury, there are factors to take into account. Every new negligence claim is different. They may involve different elements and requirements on the path to compensation.

Negligence type

Understanding what kind of negligence laws apply may be the key to your process of recovering compensation. This is why you should contact a Miami negligence lawyer as soon as you believe you can.

One of the first things your  Miami negligence lawyer will do is determine what kind of negligence. They will try to understand this from a critical review of the facts of your case. Miami negligence lawyers will use supporting documents and the injuries or loss you have suffered to do so.

Always speak with a Miami negligence lawyer

If you have been injured because someone else failed to take proper care, in Miami or Doral, contact our attorneys at Peregonza Law Group today for a free case evaluation. We serve the community and help victims in Miami receive the justice they deserve. We do not charge any fees in most negligence cases unless we win. Read on to understand what negligence is under Miami law. This article will explain a few types of negligence lawsuits that may exist. You will also learn the process you may need to go through to recover compensation.

What is negligence under Miami law?

A person may be considered negligent when they fail to live up to a standard of care. Much of this is common sense. For example, you should not leave your aggressive dog, unleashed in public. Common sense says that the dog may be likely to attack a person.

Reasonable person

Negligence is defined as doing something that a reasonable person would not do, or failing to do what a reasonable person should do. It basically means falling short of the required standard of care that you owe to others in society.

Every person has a responsibility to live or conduct business in  a manner that does not  harm others. This is called a duty of care. This duty is owed to everybody that may likely be affected or injured by your actions.

However, many people continue to sustain injury because of the reckless or negligent acts of others. Many of these acts can cause loss, injury or even death. According to the Center for Disease Control, accidental death due to reckless or negligent acts were the 3rd leading cause of US deaths in 2016. In 2015, ‘unintentional’ injuries resulted in more than 29 million emergency room visits.

Miami negligence laws

Due to the  injury and loss that can result from negligence, Florida put negligence laws in place to help victims. Miami negligence lawyers file claims which fall under these laws. These laws provide that you may have the right to pursue compensation if you have suffered loss due to someone else’s negligence.

Joint and several liability

If your injury was caused by the acts or omissions of more than one person, you may be entitled to proceed against them for compensation. The general rule in these cases used to be that all the defendants would be jointly and severally liable.

This meant that if A, B and C were responsible for your injury, you could file a claim against only A, if they have a higher insurance limit. A would then have to go after B and C on their own for contribution to the expenses they incurred in paying your compensation.

Pure Comparative Fault

 Florida negligence laws, use the principle of pure comparative fault instead. This means that each party responsible for your injury will be liable to pay you damages only in proportion to their fault. So, if A was only 20% at fault, they cannot be liable to pay more than 20% of the amount awarded.

Apart from this, some restrictions may apply depending on the negligence your case may fall under. This may pertain to the statute of limitations for the particular case. Sometimes it may be in the form of a cap on the amount you may recover as damages. But first, let us consider the types of negligence lawsuits in Miami.

Types of negligence

There’s a wide range of claims that will amount to negligence lawsuits in Miami. The difference between most of these claims depends on where you suffered the injury and who caused the injury.

If you have been a victim in any of these instances, you may be entitled to seek compensation under the law.

Hotel negligence:

Miami is home of many hotels. An important part of the duty they owe you is that of safety and security, pretty much what you will be entitled to at home. The hotel owners and employees are responsible for protecting you against known dangers within the vicinity of the hotel. They should also protect you from any danger that can be reasonably ascertained. If they fail in this duty, and you get injured, you may be able to claim compensation.

Negligent security:

This is a part of premises liability claims. Business owners have a duty to keep their premises reasonably safe so visitors and invitees don’t get hurt. If they are aware that the area has a high rate of violence for instance, they have a duty to provide adequate security around parking lots or ATMs. If they fail to do so, they would have fallen short of the standard of care required of them by law.

Medical negligence/malpractice:

Medical malpractice claims also form a big part of negligence law. When you go a health provider or doctor, you put a special kind of trust in them. You trust that they will take care of your health and help you get better. But if they are negligent and fail to do their job professionally, they can put your life at serious risk. While such occasions may seem rare, this 2016 study from Johns Hopkins University shows that it happens more frequently than you would believe. If you have been injured in a medical malpractice case, it is important that you contact a lawyer immediately. Claims of this nature are highly technical and due to the tight deadlines involved, you will need to act fast.

Personal injury:

Imagine you are strolling down an aisle in the mall and an overhead sign suddenly comes crashing down on your head. Chances are high that you will suffer severe shock as well as serious injury. In such situations, what you have suffered is a personal injury and the law allows you to claim compensation for the harm done to you. You can hold the store owners responsible for not taking proper care to ensure their store was safe.

Senior/home care negligence:

Private health aide or home care personnel are usually paid to come into a home and care for elder family members. While a senior is under their care, they are expected to carry out their duties to a high standard. But if their elderly patients suffer harm or injury because they failed to do their job properly, they could be responsible in negligence. This would also be the case if they neglected their patient either partially or entirely.

Playground injuries:

School authorities or day care centers are also expected to live up to a high standard of care when they are charged with kids. They must take special care with children, even in the face of obvious hazards. As far as these claims are concerned, defendants have a very high standard of care to live up to, regardless of fault on the part of the child. If your child or ward has been injured while they were under the supervision of a school authority or daycare, you may have a right to sue. Reach out to us to understand your rights and that of your child under the law.

Negligent service:

As mentioned earlier, the law relating to negligence is so wide that it just about covers every aspect of business. Your banker is expected to treat your account details with care and not negligently approve transactions that you have not signed off on. If you rely on the services of an expert to make a decision, you can hold them responsible if they have negligently advised you on the transaction.

In each of these negligence claims, several different facts will be required as proof that a wrong has been committed. If you think you may have been a victim of negligent loss, you should immediately contact a qualified Miami negligence lawyer.

The Statute of Limitations in Miami negligence lawsuits

Miami is in the state of Florida. Under Florida law, there is a time limit within which you can approach a court to seek compensation for negligent loss or injury that you have suffered. The purpose of this time limit is to ensure that the responsible party will not always have to live in fear of litigation. This time limit is called a limitation period and it is usually imposed by a statute of limitation. A Miami negligence lawyer can help guide you in order to avoid missing this period.

The limitation period may vary in relation to the specific type of negligence claim you intend to pursue.

General claims

For general claims that involve personal injury or loss, the law requires that you start your action within 4 years of the date that you suffered injury or loss.

Children exceptions

When the injury was done to your child or ward, there is special rules that may extend the limitation period. Thus , you may have up to one year after the child turns 18 to file a lawsuit.

Medical malpractice

The limitation period is usually shortest in medical malpractice cases. When medical negligence is alleged, the law requires a lawsuit  within 2 years of discovering the injury.

Although certain exceptions apply, determining how the limitation law applies to your case can be a tricky. This is why it is important to contact a Miami negligence lawyer immediately. This way, you will have the optimum amount of time to prepare and pursue your claim.

Proper protocol

Different laws may apply in relation to different types of negligence claims. Apart from limitation periods, in medical and other negligence cases, you have to follow a strict pre-action protocol.

Pre-action

A pre-action protocol dictates certain measures you must take before you can start  pursuing a claim. As far as medical malpractice suits, you must serve notice of intent to sue on the health provider before you start your case.

As part of the pre-action notice, you must also provide an affidavit from a medical professional, stating that you have a valid medical negligence claim. A failure to provide this notice and supporting affidavit may bar you from further pursuing your claim.

What type of negligence?

Considering this, it may be important to determine if what you have is a claim for medical negligence or another type of negligence. The Supreme Court recently held that before a claim can be brought for medical malpractice, the act complained of must be medical in nature. It must be directly related to medical care or services that require professional judgment or skill.

While it may seem simple, it is often tricky and can lead to significant problems. It’s possible to understand where your case falls from a careful consideration of its peculiar facts. Always speak with a Miami negligence lawyer as soon as possible

Proving your claim

Once you can determine the specific area of negligence law, the next step is proving your case. Negligence cases usually involve a determination that the defendant owed you a duty of care, that the duty was breached and that you suffered injury.

Duty

The duty of care refers to the defendant’s responsibility to you. This duty will change depending on the position that the defendant occupies in relation to you. For instance, a driver owes you a duty to drive carefully. A doctor has a duty to treat you to the best of their professional ability.

Breach

A breach of the duty occurs when the defendant fails to abide by the required standard of care. In negligent claims, you may need specific facts that show a breach occurred. If a surgeon performs a surgery on a patient and forgets a surgical tool in their body, a breach may have occurred.

Causation

You may also have to show that the injury occurred due to that breach. This is one of the trickiest parts of a negligence claim and will require plenty of expert and medical evidence. A Miami negligence lawyer can help you with these complexities.

What kind of compensation can you recover?

After proving the fault of the other party and the injury or loss suffered, you may be entitled to an award of damages. It is important to seek the advice of a Miami negligence lawyer to determine the damages.

Economic loss

Economic damages are meant to compensate you for all the financial loss you have suffered. This category of compensation will be awarded to reimburse you for your actual expenses and financial loss caused by the injury.

Non-economic loss

Non-economic damages on the other hand are usually awarded to compensate you for non-quantifiable loss that you have suffered. It covers items such as emotional loss, shock, pain and suffering. Items that you can recover compensation for include:

  • Lost wages
  • Medical treatment bills
  • Out of pocket expenses
  • Loss of consortium
  • Pain and suffering
  • Emotional loss
  • Loss of earning capacity

What can a Miami negligence lawyer do for you?

If you feel you have been a victim of an injury  because of someone else’s negligence contact a Miami negligence lawyer. Contact our team at Peregonza Law Group today and meet with one of our Miami negligence lawyers or Doral negligence attorneys. We fight for clients like you to recover compensation for the injuries done to them.

PereGonza Law Group is committed to helping victims receive justice. Our Miami negligence lawyers do their best to fight to get the compensation victims deserve. Our team of Miami negligence lawyers and Doral attorneys have the passion and resources to fight for you. Discover what we can do for you by scheduling a free case evaluation.