Can You Sue Your Former Lawyer for Negligence? Insights from a Negligence Lawyer in Haines City, Florida

Sunday, August 22nd, 2021

If your former attorney’s negligence brought you harm or a less favorable outcome in a recent case, you might have grounds to sue for professional negligence.

Filing a lawsuit against a former attorney is not something to take lightly. You should consider the following things before contacting a negligence lawyer in Haines City, Florida to bring a legal malpractice case against your former attorney.

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What You Need to Know About Negligence Claims: Insights from an Accident and Personal Injury Attorney in Brandon, Florida

Saturday, August 22nd, 2020

The etymology of the word ‘negligence’ roots from a Latin word which, when translated, literally means ‘failure to pick up.’ From a legal perspective, negligence is defined as “failure to use a similar level of care as a careful and reasonably prudent person would use under similar circumstances…”. Hence, negligence can occur in any profession and workplace. It can bring about damages that are not necessarily physical, and yet qualify for negligence claims.

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How to Prove Negligence; Insights from a Zephyrhills, FL Personal Injury Attorney

Wednesday, July 15th, 2020

Negligence, in itself, can be a difficult concept to wrap your head around. Add on top of that the variations of negligence (such as collateral negligence, concurrent negligence, contributory negligence), and once again, individuals are often left wondering what negligence is and how it can be proved. Luckily, our negligence attorneys in Zephyrhills, Florida are here to explain.

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Negligence Cases in Plant City, Florida: A Legal Perspective

Monday, June 15th, 2020

If you or someone you know has been hurt by negligence on the part of a business or an individual, you might have a legal claim.

The legal definition of negligence is when someone is harmed in some way by another person’s incompetence to reasonably protect others or their interests. Unfortunately, cases of negligence are common—more so in Florida than anywhere else in the United States.

Many Floridians know of someone who is unable to work due to negligence on the part of an employer, business owner, or individual. In more extreme cases, the person may be unable to work for the rest of his or her life. And even for minor injuries, the significant expenses of treatment and lost wages can add up to a lot.

Forms of Negligence

Negligence can occur in many forms. Here are a few common examples:

Medical

  • Not giving someone his or her medication, risking their health
  • Administering the wrong medication or incorrect dosage, creating complications
  • Removing a respirator and forgetting to replace it
  • Failure to document something vital
  • Leaving a surgical sponge or instrument inside someone

Personal

  • Failure to provide reasonable security and protection around a swimming pool
  • Indifference to fixing a loose floorboard in a home, causing someone to trip and get injured
  • Causing a car accident due to driving distracted or under the influence

Business

  • An improperly installed fixture falling on a person
  • Injuries resulting from failure to fix loose or protruding objects, such as nails or bolts, that can cause injury
  • A company vehicle’s back-up beeper not functioning properly, causing the driver to injure someone

As this list of examples is not exhaustive, identifying negligence is something that can be fairly easily done. When it comes to victims of neglect, the more challenging part tends to be the need to negotiate with the at-fault party’s insurance adjuster. It is this person’s job to disqualify your claim and not pay any compensation—even if it is deserved.

The average American experiences mild neglect from businesses but forgets about it when the manager apologizes if no medical intervention is required. Unfortunately, the average American is not a lawyer, nor does he or she know the intricacies of negligence laws.

This is why it is important to consult legal counsel when dealing with negligence claims—so that you, the victim, are adequately guided and well-informed.

Categories of Negligence

Negligence cases fall into two categories.

Gross Negligence

When someone wilfully shows a complete disregard for others’ safety, it is considered to be negligence. The person either acts unreasonable or does something a reasonable person would not, and it results in an injury. One aspect of gross negligence is an action that “shocks the conscience.”

For example, if people are injured in a fire where there were no available fire extinguishers or the exits were blocked or locked, and the building owner is aware of fire laws, he is guilty of gross negligence for failure to provide reasonable necessities.

Vicarious Negligence

When someone does not take “reasonable action” to prevent someone from being harmed, it is considered vicarious negligence. The responsible party is held liable for not acting responsibly to supervise another person (or animal) that caused the injury.

For example, your neighbor’s dog is frequently loose, and when you are outside, the dog bites you, resulting in a visit to the emergency room. Your neighbor is vicariously negligent by repeatedly not restraining and securing the animal.

Proving a Negligence Claim in Plant City, Florida

If you or a loved one has been the victim of negligence in Plant City, Florida, turn to the team of expert negligence attorneys at O’Toole Law Group. We can help you establish a legal case of negligence by proving the at-fault party’s responsibility, failure to fulfill a required duty, and that his/her negligent behavior was what caused your injuries.

We understand that an injury can be devastating and life-changing, and we will do whatever we can to help you get what you are owed. Contact us today to get started.

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