Located in Miami-Dade County, Florida, the city of Miami is home to nearly half a million people. It is a major center for finance, culture, and entertainment. Home to the legendary South Beach, Miami hosts numerous tourists every year. It serves as the headquarters of many Spanish-language television channels, including Univision, Telemundo, and TeleFutura. Many colleges and universities are located in and around Miami, including the University of Miami and Nova Southeastern University. Considering the ceaseless activity in this bustling city, it is not surprising that many people are injured there each year. At Frankl & Kominsky, our accident lawyers are committed to helping people in Miami and beyond who have been hurt because someone else acted carelessly or recklessly. We represent clients across South Florida in a variety of personal injury matters, including car, truck, and motorcycle crashes, medical malpractice cases, workplace accidents, premises liability claims, and more.Assert Your Rights by Pursuing a Negligence Lawsuit
Typically, someone who has been harmed due to someone else’s careless conduct or wrongdoing can file a negligence claim against whoever was responsible. Negligence consists of a failure to take reasonable care in one’s actions. This means behaving less prudently than an ordinary person would behave in a similar situation.
To establish a negligence claim, an injured person must demonstrate the following elements:
- The defendant owed the victim a duty of reasonable care;
- The defendant violated that duty;
- The defendant’s careless actions led directly to the victim’s injuries; and
- The victim was forced to incur costs or other damages.
Breaches of reasonable care may be different in each case. For example, a driver may fail to meet the required standard if he or she texts while driving, since this behavior poses a needless risk to other people on the road. In a slip and fall accident, a breach could happen when a property owner fails to repair a faulty stair that endangers visitors who are lawfully on the premises.
Someone considering filing an injury lawsuit should know that Florida law uses a comparative negligence rule to determine liability. This means that a victim’s total recovery can be reduced but will not be denied if he or she contributed in part to the accident. For example, if a victim is deemed to be 20 percent at fault, he or she may recover 80 percent of the total damages arising from his or her injuries.
If your loved one has died tragically because of someone else’s negligence, you can file a wrongful death lawsuit. Under Florida law, the personal representative of an estate can pursue this type of claim on behalf of a deceased person. Any compensation recovered through the lawsuit is then distributed among certain surviving family members enumerated in the Florida Wrongful Death Act, including a spouse, children, and parents.Pursuing Compensation with the Help of an Injury Lawyer in Miami
Negligence claims are highly fact-intensive, so it is vital to have a capable legal team on your side. At Frankl & Kominsky, our dedicated injury attorneys will spare no effort in trying to maximize your recovery after an accident in Miami or elsewhere in South Florida. We understand that dealing with the recovery process is a stressful time in your life, and you can expect respect and compassion from our entire team. We want to help you get through this difficult time as smoothly as possible. For a free case evaluation, you can contact us online or call us toll-free at 1-855-800-8000. Our staff is fluent in Spanish and Creole.