Located in Miami-Dade County, North Miami is a suburban city with a population of over 60,000 residents. Popular attractions there include the Museum of Contemporary Art, the Oleta River State Park, and the Arch Creek Park. North Miami is also the home of several educational institutions, such as a campus of Florida International University and Johnson & Wales University. Every year, however, a number of residents and visitors there are harmed by the negligent actions of other people or entities. The injury attorneys at Frankl & Kominsky have dedicated their careers to helping victims in North Miami and other Florida cities hold those who hurt them accountable. We handle virtually all types of accident cases, including car crashes, motorcycle wrecks, bicycle accidents, medical malpractice claims, workplace injuries, slip and falls, and more.Seeking Compensation Through a Negligence Lawsuit
Negligence claims can be brought by people who were harmed because someone else acted irresponsibly. Often a person or company is required to behave in a certain way but fails to meet this standard. For example, a nursing home may give a resident the wrong medication. If the senior citizen becomes ill, the facility may be deemed negligent.
To succeed in a negligence lawsuit, an injured person must establish that he or she was owed a duty of care by the defendant in the case. This means that the defendant must have had a legal obligation to use reasonable care and avoid exposing the victim to foreseeable risks of harm. The standard of reasonable care is usually defined as how an ordinary person would behave in the same circumstances.
After showing that a duty of care existed, the victim must identify the way in which the defendant breached this obligation. Examples might include a surgeon leaving an instrument inside a patient’s body after an operation, a driver texting while behind the wheel, and a restaurant or hotel failing to fix a balcony railing against which its guests might lean.
The third element of a negligence claim requires the injured person to draw a causal link between the defendant’s breach and the accident. In other words, the defendant will not be held liable if the same events would have happened even if the defendant had acted with proper care. The defendant also cannot be held liable if the accident was a completely unforeseeable result of the breach, although foreseeability typically is defined broadly.
Finally, the victim must show that he or she suffered quantifiable damages as a result of the injuries. This is a required element of a negligence claim. Damages can consist of both economic and non-economic types of harm. The victim might produce evidence suggesting that he or she should receive compensation for medical bills, lost income and benefits, property damage, pain and suffering, rehabilitation costs, and more.
If careless conduct by an employee of a corporate entity harmed you, you may be able to seek damages from the company as well. This is known as the doctrine of vicarious liability, which applies when a worker was acting in the scope and course of his or her employment at the time of the accident. For example, a truck accident may give rise to a claim not just against the negligent commercial driver but also against the trucking company. To identify exactly who is liable in your case, it is important to consult an experienced attorney who understands this area of the law.Accident Attorneys Ready to Protect Your Rights in North Miami
If you have been hurt by someone else’s carelessness in the North Miami area, you may need help in deciding what to do next as your recovery process unfolds. There is no time to lose if you are considering a negligence lawsuit, for valuable evidence may decay or disappear over time. At Frankl & Kominsky, our experienced accident lawyers will assess the merits of your case and discuss all your legal options with you. We aim to get our clients the best possible compensation for their injury claims. You can expect the utmost compassion and personal attention from our team. We understand the nuances of both settlement negotiations and litigation. To learn more, you can contact us online or call us toll-free at 1-855-800-8000. We are fluent in Spanish and Creole.