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If you sustain an injury because of another person’s fault, you may be able to file a negligence
claim and receive significant compensation. At Nooney, Roberts, Hewett & Nowicki we can
explain all the elements of negligence, what is needed to file an injury claim, and will fight to get
you the compensation you deserve.
When another party acts with negligence and it results in you getting injured, it is not fair that
you should be left paying the costs to care for your injuries. You will most likely have medical
bills and insurance co-pays and deductibles to cover, as well as costs for medication, possible
lost wages due to your inability to work at your job, and more. A negligence claim can help you
recover these lost amounts, as well as compensate you for future treatment, future lost wages,
pain and suffering, and more. However, you must act swiftly and hire an experienced and
competent personal injury lawyer for negligence in Florida to help build a case on your behalf.
If you need a negligence lawyer in Florida, contact Nooney, Roberts, Hewett & Nowicki today
for a free consultation and speak privately with our excellent lawyers to review the facts of your
case. Call us at (904) 398-1992.
Definition of “Negligence” According to Florida Law
The Supreme Court of Florida has defined “negligence” as the failure to use reasonable care,
which is the care that a reasonably careful person would use under like circumstances.
Negligence is doing something that a reasonably careful person would not do under like
circumstances or failing to do something that a reasonably careful person would do under like
circumstances.4 According to section 768.81(c), Florida Statutes, a “negligence action” means,
without limitation, a civil action for damages based upon a theory of negligence, strict liability,
products liability, and professional malpractice.
A negligence claim, by law, can seek economic damages for lost wages, future lost wages,
medical and funeral expenses, the value of damaged or destroyed property in an accident, and
more. An individual may seek compensation for any monetary loss that is the direct result of an
injury. A negligence action is a civil case, meaning that the state does not investigate the claim,
and the involved parties and their attorneys are responsible for all gathering and presentation of
evidence brought before a judge or jury. Law enforcement may be involved if a police report is
filed regarding the injury, such as with a car accident.
You can file a negligence claim against someone or an organization if they breach (fail) their
duty to keep you reasonably protected in situations where they are responsible for your safety.
Elements of Negligence
Nooney, Roberts, Hewett & Nowicki and its team of experts will represent you and help put
together a case on your behalf that proves the other party had a duty to exercise reasonable care
and failed to do so. It is necessary to prove fault to receive compensation.
There are four main elements of negligence that you must prove to have a strong case.
Duty
The first step in a negligence claim is establishing that the other party had a reasonable duty to
exercise reasonable care. An example of this would be another driver on the road having the duty
to drive safely and minimize the chance of an accident. Another example would be the owner of
an animal having the duty to keep you safe from an attack of his animal.
Establishing Breach of Duty
The second element of negligence is establishing that someone breached their duty to exercise
reasonable care. Proving they failed to uphold their duty may be simple, but it can be extremely
challenging at times. Examples of a breach of duty include someone driving past the speed limit
who causes a car accident, a grocery store that ignores and fails to fix loose floor tiles that results
in a slip and fall, or an animal owner releasing his/her pet off the leash resulting in a bite.
Establishing the Breach of Duty is the Cause of Injury
After a Florida negligence lawyer helps establish duty and the fact that the opposing party
breached their duty, you must prove that this breach of duty is the cause of the accident resulting
in your injury. For example, you must prove that a hardware store’s failure to place a caution
sign on a wet floor is what caused you to fall and that the fall resulted in your injury.
Establishing Damages
When filing a negligence claim you must show substantial evidence of the damages incurred
because of your injury. This will include providing documentation regarding medical care and
costs, time that you were unable to work, and projected medical treatment and costs for the
future.
If any of the foregoing elements are missing, you will not be able to have a successful negligence
case in Florida. Many cases may have strong proof or two or three elements but may still fail as a
result of the lack of a single element. For example, if someone is hit by a vehicle in a parking lot
but suffers no injuries or property damage, that individual would not have a successful
negligence claim.
For your case to be successful, you must prove each of the four elements of negligence above to
hold the at-fault party responsible. An experienced personal injury law firm, such as Nooney,
Roberts, Hewett & Nowicki, is the perfect law firm to get the job done right. Call us for a free
consultation at (909) 398-1992.
A Personal Injury Law Firm Can Help You!
A Florida negligence and personal law firm, such as Nooney, Roberts, Hewett & Nowicki, will
help build your case surrounding the elements of negligence. Oftentimes, parties settle
negligence claims without having to use the court and avoid the possibility of a trial. You need a
personal injury team of experts who will fight for you, collect all the evidence necessary, and
form a strong, and most importantly, successful case. Nooney, Roberts, Hewett & Nowicki is
that team of experts.
From the moment you first contact our office, you will have access to your attorney around-theclock. Chances are that the other party has already contacted a lawyer to help with their defense.
You deserve aggressive legal representation fighting for you.
Receive A FREE Consultation
At Nooney, Roberts, Hewett & Nowicki, we have team members on standby ready to evaluate
the facts of your case for FREE with zero obligation. If you are looking to file a negligence claim
in Florida, contact Nooney, Roberts, Hewett & Nowicki to get started on your case today.
Don’t let another day pass! Contact us today at (904) 398-1992 to speak with one of our team
members who are glad to help you!
