What You Need to Know About Negligence
January 7, 2020
What is Negligence?
Negligence occurs when someone fails to do something that eventually causes a person to end up with injuries. The injured person must first prove that the defendant was negligent by making sure that the situation meets all of the necessary elements. If those elements are not met, the victim does not necessarily have a negligence case on their hands. Whether a victim believes they can prove negligence or not, it is still in their best interest to reach out to an attorney to get more information. A legal professional would have the best answers to a victim’s questions surrounding the possibility of filing a lawsuit.
How Is Negligence Determined?
Negligence is determined by specific elements. If someone owes a duty of care to another person, breaches that duty of care, causes injuries, and unintentionally makes a person suffer, they are negligent. The victim would need to provide evidence of this situation. For example, medical professionals owe a duty of care to their patients, which means they must act in the best interest of the patient while providing different types of treatments. Store owners owe a duty of care to shoppers, which means they need to provide a safe environment where customers will not get hurt. These are just some examples of the people that would owe a duty of care to another person.
The duty of care is breached when an individual fails to meet certain standards or follow certain risks, which ultimately puts patients or customers at risk of injuries. If a person becomes injured because a store owner or medical professional was not paying attention or made some serious mistakes, it makes sense for that victim to seek legal compensation from the negligent party who would be considered liable for the injuries. As an example, if a medical professional is overly tired, continues to treat a patient, and fails to pay attention to his or her medical records, the medical professional could make a mistake. If that mistake causes the patient to sustain injuries or become incredibly ill, the medical professional is responsible due to their negligent behavior.
The Importance of Causation
If an error occurs and nothing happens, an individual would not have the right to file a lawsuit. However, causation does give an individual the right to file a lawsuit. Causation occurs when the act of negligence does lead to serious problems, including injuries that can have a negative effect on a person for years. When causation is proven in the form of medical records and statements from physicians that have treated the victim for the injuries sustained, it is easier for the victim to recover compensation for damages.
Anyone who has been injured by someone they believe was negligent should consult with a lawyer as quickly as possible. The reason it is important to consult with an attorney at a quicker pace is due to the statute of limitations that prevents victims from filing a lawsuit against negligent parties after a certain amount of time has passed. During that initial consultation, a lawyer would be able to let the victim know if they have a solid claim based on the four elements of negligence.
Contact a Fort Lauderdale Personal Injury Lawyer to Discuss Your Negligent Injury Case in Florida
Did you or a loved one sustain serious injuries due to negligence in Florida? Don’t let the medical bills pile up while you wait for the negligent party or their insurance company to do the right thing. Right now, you need an aggressive personal injury attorney on your side, fighting to get you the compensation you need, want, and deserve. The skilled attorneys at Lawlor White & Murphey represent clients injured because of burns in Cooper City, Hollywood, Parkland, Sunrise, and throughout Florida. Call 954-525-2345 or fill out our online contact form to schedule a free consultation about your case. We have an office conveniently located at 2211 Davie Boulevard in Fort Lauderdale, FL 33312 as well as offices in Pembroke Pines, Weston, Coconut Creek, Pompano Beach, and Plantation.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.