Negligence court cases are not as straightforward as you think. There are different types of negligence and there are different ways to pursue a negligence case in the courts of Florida. The best way to understand a negligence case is to consult with a qualified, bar-certified attorney who specializes in negligence law and has years of experience working in the field. Avoid contacting attorneys fresh out of law school and attorneys who specialize in an alternate area of law because negligence law takes years to master and understand.
What is considered Negligence in Florida?
The courts of Florida are constantly changing their view on what is considered negligence. The only thing constant about negligence case law is that there are two varieties – common and statutory. “Negligence is defined as the failure to exercise a degree of care an ordinary, reasonable, cautious, prudent person or corporation would have exercised under all the facts and circumstances then existing.” The degree of care referenced in this statement is determined by the judge of a negligence case. A judge will consider if the degree of care falls within what is considered “reasonable.” What is reasonable to one person may not be reasonable to another, and that is why judges only consider what is reasonable to the greater community when deciding the reasonableness of a negligence case, and whether there is sufficient proof to go to a jury.
How do I sue someone for Negligence in Florida?
Contact a qualified, bar-certified negligence attorney to find out if you have a negligence case to pursue. Attempting to take your negligence case to court without proper legal consultation decreases the likelihood of success dramatically. After contacting a negligence attorney, it is important to go over everything that occurred. “In any type of negligence case, evidence of the incident, its cause and/or the injurious results must be identified and preserved.” In addition, it is in your best interest to document the names and contact information for any witnesses. Witnesses are not limited to those who actually saw or heard the accident occur and includes anyone who has learned about the accident details after-the-fact such as family members, co-workers, emergency medical technicians, nurses or doctors. Having every bit of information on hand will help your attorney develop your case. In addition, “a picture is worth a thousand words.” Photograph and video the scene and the damage. You may make due without this information, documentation and witnesses, but your chances at success are severely limited by not having any documentation.
Whom should I contact for Negligence legal matters?
Always contact a lawyer experienced in negligence law. Contacting improper or inexperienced legal counsel can cost you money and lots of wasted time. The reason you want to find an attorney who specializes in negligence law is because negligence law is well established and takes years of experience to fully understand. The courts in Florida are especially difficult to find success with negligence cases because the courts follow strict guidelines when listening to any proposed case, and if your case does not meet those guidelines, it will be denied and thrown out.
Negligence is a conversation best had with legal professionals who have years of experience dealing with negligence in a courtroom setting. There are different levels, different complexities, and different routes to find out if negligence is the right avenue for your case. The result of your negligence case depends solely on the legal counsel you choose to represent you. Every legal subtlety is important when approaching negligence in Florida, and attempting to approach them by yourself is a recipe for disaster. Poor legal counsel will result in poor results and reduce any chance you might have at a fair ruling in your negligence case. Use the best legal representation you can find when it comes to negligence and the results will speak for themselves.