Negligence is a significant part of personal injury law. When someone acts carelessly and causes an injury to another person, the responsible party is liable under the legal principle of negligence. This method for determining fault is used in most disputes that involve an accident or injury. These include informal settlement talks and trials in personal injury lawsuits. Here are the typical parts of a negligence claim. Duty The first step in a negligence claim is determining whether the defendant owed the plaintiff a legal duty of care. For example, drivers have a responsibility to pedestrians and other drivers to obey traffic

JUNE 14, 2016: As a personal injury lawyer that helps victims hurt in shootings, the issue of negligent security is always a concern that must be addressed.  Without question, the shooter is clearly responsible for the damages, but apportionment of liability sometimes falls on the proprietor of the premises where the incident occurred.  For example, the shooting that occurred at the Orlando nightclub, Pulse, raises questions as to the legitimacy of the security measures employed by the club. For Plaintiff lawyers representing those injured in shootings, a major challenge is proving foreseeability.  Specifically, it must be established that the act that occurred

OCTOBER 11, 2015: As a Miami personal injury attorney, the great majority of cases involve negligent acts committed by third-party entities or persons.  This includes cases such as car accidents, slip and falls, trip and falls, construction accidents, and much more.  Regardless of the type of case, when negligence is the underlying cause of action, four elements must be present in order for an injured person to prevail.  Duty.  Breach.  Causation.  Damages. Without the link between “breach of a duty” and “damages,” any chance of success in a personal injury case is eliminated.  Thus, many lawyers would agree that the “causation” element

OCTOBER 4, 2015: For accident and injury lawyers helping those in Miami and the rest of South Florida, the ability to gather evidence prior to a lawsuit is of the utmost importance.  Depending upon the type of case, the nature of the investigation differs drastically.  Car accident cases certainly involve different needs than a typical slip and fall case.  Similarly, maritime cases involving cruise ships entail different elements than that of a negligent security case. Being an attorney that helps those hurt in negligence accidents, evidence gathered before filing a lawsuit is a top priority.  Specifically, for negligence cases, including negligent security,