Negligence is a party’s specific action, or omission of actions, that fails to exercise reasonable care toward others. In most cases, this leads to injury or damages sustained. Negligence does not require that the defendant intended that the actions result in harm.
How Our Attorneys Can Help With Your Negligence Case
Our attorneys will assist you every step of the way with your negligence case. The initial consultation is a free consultation that helps us better understand the details of your negligence case.
Establishing Proof of Negligence
It is necessary to establish proof that negligence occurred. This includes four separate legal components. Our attorneys will assist you with collecting the necessary documentation to meet each of the following requirements:
- Duty of care: Defendant accepted responsibility of care.
- Breach of duty: Defendant violated or neglected the duty of care.
- Damages occurred: Damages occurred as a result of the neglect care. These can be either economical or non-economical damages.
- Causation: There is evidence that the negligent activity is what led to the damages.
Calculating Damages Suffered From Negligence
An important piece of the negligence legal process is calculating a financial amount that covers any damages suffered. The following damages are possible in cases of negligence:
- Immediate medical treatment costs
- Expected future medical treatment costs
- Emotional loss
- Property loss
- Loss of consortium
- Loss of income
Type of Product Negligence
Negligence occurs in all types of business and personal situations. Here are some examples of the most common sources of product negligence:
- A manufacturer failed to manufacturer a safe product.
- A manufacturer failed to design a safe product.
- A manufacturer or distributor failed to clearly market a product and its potential hazards.
- A manufacturer or distributor failed to fully inspect a product before releasing it to the public.
- A supplier or manufacturer to test a product for potential hazards occurred.
Determining Personal Liability in Cases of Negligence
Your actions involved in the negligence case are just as important as the responsible party’s actions. There are different types of negligence to consider:
- Contributory negligence: Any level of liability on your part could completely eliminate negligence compensation. Florida does not recognize contributory negligence, but other states do.
- Comparative negligence: Florida operates under a pure comparative negligence law. This means that your damages become reduced based on the percentage of fault you contributed to the negligence.
- Mitigating damages: The amount of damages owed could decrease if the neglected party does not take the appropriate actions to mitigate or minimize the damages.
Set Up a Complimentary Consultation With a Negligence Lawyer
When a party neglects and breaches a duty and you experience pain and suffering as a result, you might be eligible for compensation. Our negligence lawyers can evaluate the details of your case. Speak with one of the attorneys at Newsome Melton by calling 888-808-5977.
Recent Frequently Asked Questions:
- What Allegations Have Been Filed Against The Takata Corporation And The Automobile Manufacturers?
- What Was The Federal Government’s Warning To 2001-2003 Honda/Acura Owners?
- What Are Some Safety Misconceptions About Cars?
- What Is The Defect Causing The Takata Airbag Recall?
- What To Do If Your Car Is On The Takata Airbag Recall List