Defining Negligence in a Florida Injury Claim
Personal Injury Claims and Acts of Negligence
All personal injury claims are based upon the issue of negligence. This term refers to an act in which an individual (or corporation) failed to use reasonable care. “Reasonable care” refers to what another person or entity would have done under the same circumstances. In a car accident, if a driver was drunk, speeding, racing, distracted or reckless, that person is not using reasonable care to protect others from harm, and it could be stated that another person under the same circumstances, would have been careful for the safety of others.
Establishing Negligence in a Personal Injury Claim
In a medical malpractice claim, if a physician, nurse, anesthesiologist, surgeon or other medical professional does not treat a patient with the accepted standard of care, that medical professional could be deemed to have breached their duty of care to that patient. There are a great number of ways that this definition is applied legally in personal injury cases. A company that manufactures drugs must sufficiently test the product, and warn those who take it of the potential dangers of the drug or medication.
If later, once the drug is on the market, it becomes evident that there are serious or deadly side effects that were not disclosed, this issue can be addressed in a personal injury claim. In cases in which the dangers were known, but hidden from the public, it may be possible to seek punitive damages as well – financial compensation that is paid to victims as punishment to the responsible party. Are you uncertain if your case has enough proof to establish negligence? This is extremely important to the final outcome, and the ability to recover compensatory damages.
At the Law Offices of Casey D. Shomo, P.A., our West Palm Beach personal injury attorneys are very familiar with the process of establishing negligence in a serious personal injury claim. You can read our recent successes for more information about some of the settlements and verdicts we have achieved for our clients. We advise you to contact us and allow us to evaluate your claim as soon as possible.