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Personal injury law and negligence explained

People get injured every day - whether you trip up doing a run, or cut yourself when chopping vegetables. But many kinds of personal injuries are more serious than that. Our personal injury lawyer in Pembroke Pines specialises in defending victims of personal injury caused by negligence. The law recognises many scenarios and situations that make you eligible to take a personal injury case to court. However, according to the UK citizens advice bureau, “the most common claim in a personal injury case is negligence”.

You must be wondering how the personal injury law works and what negligence cases entail. Therefore, below you can find all the information you need about personal injury law and negligence.

What types of injuries does the personal injury law include?

We mentioned above that personal injuries cover a vast array of examples - from everyday, to once-in-a-lifetime situations. And not all of them are included in the personal injury law. Our attorney explains: Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property.” The cases included in the law commonly refer to tort law.

This means, that the plaintiff (the injured person) has suffered physical or psychological harm as a result of the actions of some entity, like a company, individual, or even a government agency. The commonly recognized causes of harm included in the law are negligence, gross negligence, reckless conduct or intentional misconduct.

Even when you theoretically understand what causes of personal injury make you eligible to recover damages, it is difficult to recognize those in practice. New York City Bar created a handy list of causes of personal injury that give you the right to claim compensation. These include:

  • Auto accidents
  • Slip/Trip & Fall (liquids, snow and ice)
  • Slip/Trip & Fall (unsafe conditions on property) other than liquids, snow and ice
  • Premises Liability
  • Construction Site Accidents—Negligence, New York Labor Law 240 and 241
  • Dram Shop (Alcohol) Liability
  • Medical Malpractice
  • Product Liability
  • Police Misconduct
  • Wrongful Death
  • Battery
  • Assault
  • Infliction of Emotional Distress
  • False Accusations—Defamation of Character by Libel or Slander

Therefore, if you find yourself or your loved ones experiencing any of the above, be sure to contact an experienced lawyer!

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The doctrine of negligence states that all the members of society should act responsibly to avoid putting others at risk. Many accidents are unavoidable and many accidents do not give you the right to recover damages. Our Pembroke pines personal injury lawyer understands that in negligence cases, establishing liability is hugely difficult. It requires the plaintiff to prove that a reasonably prudent defendant could have avoided the accident if she/he had acted different in the given situation.

FindLaw explain that to establish liability and prove that the defendant acted negligently, 4 elements must be taken into account.

1. Duty

Did the defendant owe a legal duty of care to the plaintiff? For instance, doctors owe patients legal duty to provide utmost and competent medical care and motor vehicle drivers are required to ensure safety.

2. Breach

Did the defendant breach his duty by doing/not doing something that a reasonably prudent person would do under the given situation? If the defendant acted DIFFERENTLY to how the average person would act under the same circumstances, with the same knowledge, and as a result caused injury, then she/he would be found negligible.

3. Causation

Was the defendant’s negligence the cause of injury? Could the defendant foresee that his/her actions might cause injury? It is important to establish whether the defendant is reasonably responsible for the injury. If his/her actions were negligible, but could not have possibly caused the injury, then she/he will most likely not be founds liable for the damages. Also, random and unexpected events are taken under consideration.

4. Damages

Is the court able to compensate the damages? Many types of personal injury damages are difficult to fairly compensate because of their nature. Damages can be monetary, physical or emotional, like medical bills, experiencing suffering or experiencing a reduced quality of life. In most cases the plaintiff would be given monetary compensation.

Do I need a personal injury lawyer?

YES! If you have suffered from any of the above, you should contact a lawyer. It is incredibly difficult to defend yourself in court without the support of an experienced professional. Experience is key because not only does the plaintiff (the injured person) needs to know the law, but also how and when to exercise it! If you are are filling a suit against an intrinsically powerful entity, like a government agency, it would be almost impossible to reach success without a lawyer.

Our Pembroke pines personal injury lawyer is here for you. Our aim is to bring justice, and support to our clients. Therefore, if you find yourself in any of the above situations, contact us IMMEDIATELY. We are here for you!

Where to find a personal injury lawyer with free consultation near me?

Schedule a Free Consultation with one of our truck accident attorneys in Pembroke pines. We are a firm comprised of experienced accident attorneys and take our clients cases seriously. Our lawyers are known in the community to provide reliable trustworthy answers, aggressive legal representation, and affordable legal services. You NEVER PAY unless YOU GET PAID. We understand you have your choice of no win, no fee personal injury lawyers.

All We Do are:

and everything involving vehicle accidents.

You risk nothing by talking with us, because will not cost you anything unless we can recover for you.

Understand your legal rights when you are involved in a car accident. Contact us at 954-961-5100 for more information or to discuss your free consultation.

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Meet Atty. Rafael Gonzalez

Attorney Rafael A. Gonzalez received his Juris Doctorate from the University of Miami School of Law. 

While at the University of Miami, Mr. Gonzalez earned a judicial clerk position with the Honorable Judge Shelley Kravitz of the County Court House for Miami Dade County and took part in one of the largest product liability litigation cases in the United States. The case, Engle v Liggett, was against tobacco companies and resulted in a 145 billion dollar award to the plaintiffs. 

Mr. Gonzalez earned his stripes working with firms in Downtown Miami and Hialeah, Florida as a civil attorney. In 2010, Mr. Gonzalez joined forces with other civil litigators as a partner in the law firm of Freeman, Mallard, Sharp and Gonzalez specializing in motor vehicle accidents.

Read more about him here.
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