Collier County is located in the state of Florida and has a population of over 320,000 residents. Much of its southeastern area lies within the Big Cypress National Preserve. Notable attractions in Collier County include the Naples Zoo, the Naples Botanical Garden, and the Collier-Seminole State Park. Every year, a number of residents and visitors are harmed there because a person or company acted carelessly or recklessly. If you or someone close to you has been injured in Collier County, the compassionate and knowledgeable accident attorneys at Frankl & Kominsky can help you seek the monetary compensation you need to recover. We have accumulated many years of experience throughout this area of law, helping victims of medical malpractice, slip and falls, defective products, nursing home negligence, and car, truck, or motorcycle accidents.Filing a Negligence Claim in Florida
If you or someone close to you has been injured as a result of someone else’s careless behavior, you may be able to file a negligence lawsuit against the at-fault party. Negligence is broadly defined as the failure to take proper care when doing something.
The first step to take in pursuing this type of claim consists of establishing that the defendant had a duty of care. This arises when the law recognizes a relationship between the victim and the defendant. Due to this relationship, the defendant is expected to act in a certain way. For example, each motorist on the road owes everyone else around them a duty to observe traffic laws and drive in a reasonably safe manner so as not to endanger others.
Next, the injured person must identify a breach of the duty. A defendant may be held liable for negligence when he or she fails to exercise reasonable care in his or her actions or omissions. To illustrate, a driver who speeds recklessly likely would be deemed to have violated the duty of care.
In the third step of causation, the victim must show that the defendant’s breach was the direct and proximate cause of the accident. A defendant is only responsible for those injuries that were foreseeable results of the breach. For example, it is foreseeable that a motorist who is speeding could lose control and collide with another car. If this happens, and someone is hurt as a result, the causation element would be met.
Finally, the injured person must be able to prove actual and quantifiable damages for which he or she can be compensated. These can extend from objective costs like medical expenses, lost wages, or property damage to subjective harm like pain and suffering.
All personal injury claims in Florida must be initiated within the applicable statute of limitations, which is a specific time frame during which you must either settle your case or file it in court. If you do not take any legal action within the required period, you could be barred from seeking any financial compensation at all. For most personal injury cases, a claim must be brought within four years of the date of the accident.Pursuing Compensation for Injuries with the Help of a Collier Attorney
The legal team at Frankl & Kominsky is proud to serve Collier County accident victims. Our experienced injury lawyers will investigate the specific details of your case and do whatever it takes to increase your chance of getting the compensation you deserve. When you or someone close to you has been harmed due to someone else’s carelessness, choosing a capable legal team can make all the difference. To learn more about your options, call us or contact us online today for a free and private consultation. We are fluent in Spanish and Creole.