Fort Lauderdale is a city situated on the Atlantic Ocean in Broward County, Florida. Its scenic Riverwalk features many cultural attractions, including the Broward Center for the Performing Arts, the Museum of Discovery and Science, and the Museum of Art. Visitors can learn about the city by taking the Fort Lauderdale Trolley Tour. Like other places in the United States, this city witnesses a variety of accidents each year. If you have been harmed because someone in Fort Lauderdale was careless or reckless, the injury lawyers at Frankl & Kominsky can help you hold that person or entity accountable. Our firm provides skilled representation to ordinary people who have been hurt in car accidents, tractor-trailer wrecks, motorcycle crashes, medical malpractice, slip and falls, and many other situations as well.Filing a Negligence Lawsuit in Florida
When someone else has caused your injuries, you may be able to seek compensation through a negligence claim. This type of lawsuit is based on the violation, or breach, of an obligation to use reasonable care. Some examples of these breaches may include:
- A driver who causes an accident because of carelessly texting and driving.
- A doctor who fails to properly diagnose a patient.
- A store that fails to clean up spilled food on its floor.
- A company that releases a dangerous drug without testing for side effects and identifying risks.
In every negligence case, an injured person must prove that the defendant owed him or her a duty of care and that the defendant breached this duty. Other essential elements of a claim include showing that the defendant’s breach caused the accident and that the victim suffered compensable damages as a result.
Determining a compensation award can be complicated by the fact that Florida uses a comparative negligence system. If a victim was partly responsible for an accident, the victim’s recovery is reduced by the percentage of his or her fault. This means that, if a victim is determined to be 30 percent at fault, his or her maximum recovery will be set at 70 percent of the costs associated with the injuries.
If your loved one has died because of someone else’s carelessness, you may be able to seek compensation through a wrongful death claim. This is similar to a personal injury claim that can no longer be brought by the victim because he or she has died. Under Florida law, family members may receive compensation for damages such as mental anguish, loss of society and companionship, medical bills, funeral expenses, and more. The personal representative of the decedent’s estate must file the wrongful death claim within two years of the death for the case to be heard.Enlist a Fort Lauderdale Lawyer to Pursue Compensation
If you’ve been hurt in an accident that was not your fault, you deserve compensation. Recovering from injuries can be stressful enough without the financial burdens that they often impose. At Frankl & Kominsky, our accident attorneys have proudly represented many clients across South Florida. Our professionalism and legal knowledge have earned the trust of many clients over the years. We are passionate about our role as your legal advocate and treat our clients with the utmost respect and compassion. To learn more, contact us online or call us toll-free at (855) 800-8000. We speak Spanish and Creole.