In Florida, the Comparative negligence rule is applicable to all cases involving a claim of injury caused by another person’s negligence or fault. The law provides that the plaintiff may recover damages from the defendant only if the plaintiff proves that he was not negligent and that his injuries were proximately caused solely by the negligence of the defendant.
The comparative negligence statute applies to all claims arising on or after July 1, 1993. Prior to this date, the common law doctrine of contributory negligence applied to all tort actions. Under the common law doctrine, when an individual was injured due to the negligence of another party, the injured party could not recover damages unless he proved that he himself was free from negligence. This meant that even though the other party was at fault, the injured party would be barred from recovering any damages if he was found to have been contributorily negligent.
An injured person may be able to seek damages under Florida’s comparative negligence law even if they are partly at fault for reasons such as ignoring warning signs or posted notices to not enter certain areas of a property.
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The Law Offices Chalik & Chalik Injury & Accidents Lawyers is an experienced personal injury law firm that has been representing clients throughout the state of Florida since 2003. We have recovered millions of dollars on behalf of our clients who were injured due to someone else’s negligence. Our lawyers have extensive trial experience and we will fight hard to get you the compensation you deserve. Call us today for your free consultation.
The first step in resolving any claim is getting expert legal advice from a lawyer with experience handling similar cases. If you hire a lawyer without having done your research, it can cost you thousands of dollars in fees upfront, and could also result in losing out on compensation. A good attorney will make sure you understand all aspects of your case before taking action. They should also explain what actions you can take to resolve the situation yourself, and how much time and money those options would require.
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In addition to being compensated for their injuries, victims of slip-and-fall accidents can recover medical expenses, lost wages, pain, suffering, and other losses. The amount of recovery depends on several factors, including: (1) whether the defendant was negligent; (2) the extent of the victim’s injuries; (3) whether the victim assumed the risk by voluntarily entering the dangerous area; (4) whether the accident occurred because of a condition created by the owner/operator of the premises; and (5) whether the victim was trespassing.
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In the United States, the majority of states follow the “pure” form of contributory negligence, which means that a plaintiff cannot recover damages if he or she is more than 50% at fault for causing his or her own harm. However, most jurisdictions allow plaintiffs to still collect damages if they are less than 50% responsible for their own injuries. This percentage varies between jurisdictions but generally falls somewhere around 30%. Some jurisdictions apply the doctrine of comparative negligence, where a plaintiff’s recovery is reduced proportionally based upon his or her degree of fault.
Florida Statute § 768.81(3)(b) provides that “ any award of punitive damages shall bear a reasonable relationship to the actual damages awarded. Any damages awarded against a claimant shall include an amount sufficient to compensate for the detriment proximately caused thereby, whether it could have been anticipated or not. No damages shall be assessed unless supported by competent evidence regarding both the nature and cause of the damage alleged.
Personal injury lawyers are trained to handle these types of claims so that you do not have to deal with them alone. You may find that hiring a personal injury lawyer is a better option than dealing with insurance companies directly. Hiring a personal injury lawyer will help ensure that you receive fair treatment under the law and that your rights are protected.
If you’re looking for a personal injury attorney, you need one who understands your unique needs and circumstances. At the Law Office Chalik & Chalik we provide compassionate care to our clients and offer personalized attention throughout every stage of your case. We represent people injured in car accidents, motorcycle accidents, trucking accidents, construction site accidents, slip and fall incidents, dog bites, nursing home abuse, and many other types of personal injury matters. Our attorneys have over 40 years of combined experience helping injured individuals get the justice they deserve.
Wet floor accident cases are often referred to as slip and fall cases. Wet floor accidents occur when someone slips and falls on water or wet substances such as oil, grease, snow, ice, mud, sand, etc., that are present on a business’ floors.
Personal injury claims arise from two primary sources: first, from the tortfeasor’s conduct, i.e., the act of injuring another person, and second, from the resulting physical and emotional harm suffered by the injured party. A personal injury claim involves a lawsuit brought by an individual or family member (the “plaintiff”) against a defendant (“defendant”), usually a corporation, government agency, or other entity. The plaintiff seeks compensation for the financial losses sustained as a result of the defendant’s actions. Personal injury lawsuits can involve allegations of negligence, strict liability, product liability, premises liability, breach of warranty, fraud, misrepresentation, intentional torts, and loss of consortium.
Injured party compensation is a very important part of the legal system. If you suffer an injury due to someone else’s negligence, you should seek compensation for medical expenses, lost wages, pain and suffering, and other costs associated with your injury.
Comparative fault refers to the percentage of responsibility each party has for causing an accident. For example, if a driver is 50 percent at fault for a collision, he or she would pay half of the total settlement. This means that the driver would pay $25,000 out of his own pocket instead of paying $50,000. The comparative fault does not mean that the driver was negligent. It simply means that the driver shares some of the blame for the accident.
The most common type of personal injury case involves injuries caused by defective products. These include cases where a product fails to perform as expected or causes damage to property or bodily harm to persons. Product liability litigation is generally complex because it requires expert testimony about how a particular product failed, and whether that failure was the cause of any subsequent damages.
The law of comparative negligence applies only to civil cases. In criminal law, all parties involved are considered equally responsible for their acts; therefore, there is no concept of contributory negligence.
Fair compensation for the victim’s injuries. You may be entitled to recover money for past and future medical bills, lost wages, pain, suffering, mental anguish, and more. An experienced personal injury lawyer will work hard to ensure that you receive fair compensation for these types of harms.
A personal injury attorney will help you understand what happened. They’ll also explain how the accident occurred and who might have been responsible. Next, they’ll investigate the facts of the incident to determine if the defendant had a legal duty to protect you from this type of harm.
A personal injury attorney will help negotiate a resolution on your behalf. They’ll make sure that the defendant pays up-front so that you don’t have to worry about paying medical bills or losing income while recovering from your injuries.
A personal injury lawyer will fight for you when insurance companies try to deny coverage or delay payments. Insurance companies often use tactics like delaying payment until after you’ve received medical treatment, denying coverage based on technicalities, or refusing to cover certain types of injuries.
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