Negligence

Florida Negligence Lawyers

Every day, innocent people in Florida are injured because of motor vehicle accidents, slip and falls, work place accidents, and medical malpractice caused by the carelessness or recklessness of another party.  When a person, company or hospital fails to use the amount of care that would ordinarily be expected in a particular circumstance, the law considers their failure to be negligence.  At Gilman Law LLP, our Florida negligence lawyers have been fighting to protect the rights of people injured as a result of car accidents, nursing home abuse, medical malpractice and other acts of negligence for more than 40 years.  Our negligence attorneys understand the severe emotional, psychological and financial toll these types of personal injuries take on victims and their families, and are committed to doing everything legally possible to make sure the victims of negligence receive the justice they deserve.

Negligence is a highly complex area of law. Finding a Florida negligence lawyer with experience presenting and arguing negligence lawsuits before a judge or jury are the keys to a successful outcome.  With our experienced team of Florida negligence lawyers by your side, you stand the best chance of recovering all of the compensation you need to cover your current and future medical expenses, lost wages, pain and suffering, emotional distress, and other damages.

Negligence in Florida

Negligence has to do with how careful a person, company or other entity was in causing an injury, and how careful, according to the law, that party should have been.  To prevail in a Florida negligence lawsuit, plaintiffs must show:

  • The defendant had a duty to conform to a certain standard of conduct to protect others from unreasonable risk;
  • The defendant breached that duty;
  • The defendant’s breach was the proximate cause of the plaintiff’s injury
  • The plaintiff suffered an injury.

In general, the law imposes a duty on everyone to behave at least as carefully as a reasonable, ordinary, prudent person in a similar situation. This is known as the “reasonable person standard.”  A defendant’s actions must fall short of the reasonable person standard in order for the defendant to be found negligent. Under Florida law, doctors and other health professionals must meet a standard of care based on what is recognized as acceptable and appropriate by reasonably prudent health care providers in similar circumstances.

Florida law also recognizes that, in many negligence cases, a plaintiff is usually not 100 percent fault-free and a defendant 100 percent negligent. In 1973, the state adopted the doctrine of comparative negligence which enables a jury to more accurately apportion liability in a negligence lawsuit. Comparative negligence permits a jury to compare the negligence of the plaintiff with the negligence of the defendant and decide damages accordingly. If the jury finds the plaintiff 10 percent negligent in a car accident, and the defendant 90 percent negligent, the defendant has to pay only 90 percent of any damage award.

To maximize any settlement or award you receive, the Florida negligence lawyers at Gilman Law will thoroughly investigate the circumstances of your injury, and determine if negligence played a role.  Our investigation will also focus on identifying responsible parties (along with their level of responsibility) and establishing a fair amount of compensation.  Our negligence attorneys will handle all settlement negotiations, and won’t hesitate to take your personal injury lawsuit to trial if necessary.

Legal Help for Florida Negligence Victims

Like most states, Florida imposes a strict statute of limitations on negligence lawsuits.  To increase your odds of obtaining the full compensation the law allows, it’s vital you contact the experienced Florida negligence lawyers at Gilman Law LLP today.  With offices throughout Florida, the compassionate personal injury attorneys at Gilman Law LLP are available now to answer all of your legal questions.  Please complete our online form or contact Gilman Law LLP at (888) 252-0084 for your free, confidential, no-obligation case evaluation with one of our negligence attorneys today.