Understanding When You Can File a Negligence Lawsuit
If you are injured in a car accident or in a slip and fall, you may wonder whether you have the right to sue for damages. In most cases, personal injury and wrongful death lawsuits are based on negligence. But knowing just when you can file a negligence lawsuit can be complicated without the help of an attorney.
At Coker Law, we provide focused representation for individuals who have been injured or lost a loved one due to another person’s negligence. We will work hard to ensure you and your family receive every dollar you deserve. If you were hurt in an accident caused by someone else’s wrongdoing, contact our office at (904) 356-6071 to schedule a free, no-obligation consultation.
What Is Negligence?
To be successful in a negligence claim, you must prove that the other party owed you a duty of care, breached that duty, and that the breach of that duty caused you harm. You must also have actual damages. Negligence can be challenging to prove without the help of an experienced attorney. An attorney can help determine whether you have a valid claim and who you can file a lawsuit against.
What Are Common Types of Negligence Claims?
Negligence claims can include a wide variety of cases. Any time that you are injured due to another person’s wrongful act or omission, you might be able to file a claim based on negligence.
Common types of negligence claims include:
- Car accidents
- Truck accidents
- Bicycle and pedestrian accidents
- Motorcycle accidents
- Medical malpractice
- Premises liability
- Product liability (dangerous or defective products)
- Construction accidents
You should not have to pay for someone else’s wrongdoing. It is important to remember that the other person’s insurance company will not be on your side after an accident. They will try to get you to settle for less than your case is worth.
What Is Comparative Negligence?
Many people believe that if they are partially responsible for an accident, they will not be able to recover damages in Florida. However, Florida follows the rule of comparative negligence.
According to The 2023 Florida Statutes §768.81, an injured party may still recover damages, even if they were partially to blame for the accident. While they are not barred from financial recovery, their damages are reduced in proportion to their degree of fault. The only time that you could be barred from recovering damages is if your fault exceeded 50%.
Injured Due to Someone Else’s Negligence? Contact Our Office.
Were you or your loved one injured due to another person’s negligence, contact our office at (904) 356-6071 to schedule a free, no-obligation consultation. There are never any fees unless we win. Call now to speak directly with a member of our legal team. Let us help you during the toughest time.
We are experienced trial lawyers who know what it takes to win. Our legal team will guide you through the process and is always working towards finding a positive solution for you and your family. We are here.