Located in Hillsborough County, Florida, Tampa is a sprawling metropolis with a population of approximately 350,000 residents. It is a popular tourist destination that offers a diverse group of attractions, such as Busch Gardens, the Tampa Museum of Art, and the Tampa Bay History Center. The city also is home to the Tampa Bay Buccaneers, an NFL team. Residents and visitors alike can enjoy a number of beautiful beaches, including Davis Island, Cypress Point North, and Picnic Island North. Every year, however, a number of people there are involved in accidents. If you’ve been hurt in the Tampa area because someone else acted carelessly, you should contact the experienced injury lawyers at Frankl & Kominsky. We will fight on your behalf to pursue the compensation you need in your recovery process.Seeking Damages Through a Negligence Claim
Careless behavior can occur in a variety of ways and in many different situations. For example, a store owner who leaves electrical wires exposed that ultimately harm a customer might be deemed negligent. The same could be true of a car driver who fails to yield at an intersection and causes an accident. In yet another context, a physician who administers the wrong drugs to a patient might be deemed negligent if a comparably trained and situated doctor would have known that this medication was improper.
To establish a negligence claim in a Florida court, a victim must show that the defendant owed him or her a duty of care, that the defendant breached this duty, that the victim was harmed as a result, and that actual damages flowed from the injuries. A duty of care is an implicit obligation to act reasonably to avoid causing preventable harm to others. It is measured by how a reasonably prudent person would act in the same or similar circumstances.
In some cases, evidence that a person violated a statute helps in proving that he or she was negligent. This concept is referred to as “negligence per se,” and it may apply when someone violates a law and causes harm to the sort of person whom the law was designed to protect. For example, a Florida statute forbids people to drive with a certain blood alcohol level. If an individual has a blood alcohol level that is over the legal limit and causes an accident as a result, the drunk driver will automatically be considered negligent regardless of whether he or she actually acted prudently.
Under Florida law, a personal injury claim must be brought within four years from the date of the accident. Failure to file within this time may prevent the victim from being able to seek financial compensation altogether.
If your loved one has been killed due to the negligence of another person or entity, you may have a valid wrongful death claim. Under Florida law, certain surviving family members may be eligible to receive financial compensation for the unexpected death of a close relative. The Florida Wrongful Death Act requires the personal representative of the estate to file the lawsuit on behalf of the decedent within two years of the date of death. Wrongful death claims are complicated, so it is vital to consult a knowledgeable attorney if you are considering filing such an action.Tampa Lawyers Protecting the Rights of Accident Victims
If you have recently been harmed near Tampa because of someone else’s negligence, you may be entitled to financial compensation. The accident attorneys at Frankl & Kominsky understand what it takes to prove a personal injury claim. We proudly represent clients throughout South Florida, including in Hillsborough County and Palm Beach County. We take the time to get to know your individual situation and address any concerns you may have about the legal process. Our entire team will work thoroughly to provide you with the aggressive legal representation you need to maximize your chances of recovery. For more information, contact us online or call us toll-free at (855) 800-8000. We speak Spanish and Creole.