Cooper City is a city located in Broward County, Florida with a population of over 30,000 residents. Home to a number of families, it has many elementary schools and high schools. Family Circle Magazine, an American women’s magazine, named Cooper City as one of the top 10 towns for families in the United States. Every year, however, ordinary people are hurt in accidents there that could have been avoided if someone had acted more carefully. If you or a loved one has been harmed in Cooper City, the experienced injury attorneys at Frankl & Kominsky can help you pursue the compensation to which you may be entitled. Our firm handles virtually all types of personal injury cases, including those involving car, truck, and motorcycle crashes, medical malpractice, slip and falls, defective products, nursing home abuse and neglect, and more.Filing Negligence Cases in Florida After an Accident
When you’ve been hurt because someone else acted unreasonably, the law recognizes your right to seek justice through a personal injury lawsuit. Typically, such lawsuits are filed under the theory of negligence. An accident victim who succeeds in a negligence claim may be able to recover damages for pain and suffering, lost income and benefits, loss of earning capacity, past and future medical expenses, property damage, and any other costs that may apply to his or her specific situation.
However, before you can recover compensation, you must prove each of the elements of negligence to establish a defendant’s liability. Negligence is a failure to use reasonable care that results in damage or injury to another person. To show negligence, you must prove that:
- The defendant in your case owed you a duty to take reasonable care;
- The defendant breached that duty by a careless action;
- The defendant’s breach caused the accident that harmed you; and
- You suffered quantifiable damages as a result of your injuries.
Reasonable care is assessed by how a reasonably prudent person would have behaved in the same or similar circumstances. Some examples of people failing to exercise reasonable care include a driver breaking traffic laws, a physician or nurse carelessly mistreating a patient, or a property owner failing to clean up a spill on the floor. Unfortunately, these breaches of duty are relatively widespread.
In addition to showing that the defendant breached a duty of care, you must prove that the defendant’s careless conduct was the direct cause of your injuries. This means that you would not have been injured if the defendant had not acted negligently, and that the harm that you suffered was a reasonably foreseeable result of the defendant’s actions or inactions.
If you’ve lost a loved one due to the negligence of another person, you may be able to file a wrongful death lawsuit under the Florida Wrongful Death Act. This law allows certain family members of a deceased person to seek compensation for things including lost support and services. There are strict requirements as to who can file a wrongful death claim. There is also a fixed time window during which wrongful death lawsuits can be filed in Florida, as is the case for ordinary injury claims. Failure to file within this time window can prevent a plaintiff from obtaining compensation.Enlist a Cooper City Attorney to Protect Your Rights
At Frankl & Kominsky, we are dedicated to aiding ordinary people who have been hurt as the result of someone else’s negligence. We have helped many clients in Cooper City and surrounding areas receive fair compensation for their injuries and damages. Our skilled accident lawyers take pride in advocating for your rights, both in the context of a settlement and in the courtroom. We will work diligently to investigate the facts of your case and pursue your claim as aggressively as possible. To learn more, you can contact us online or call us toll-free at (855) 800-8000. We speak Spanish and Creole.