Negligence is a complex area of the law, and filing a claim can be complicated. Knowing what steps to take and where to turn for help is essential to ensure your rights are protected. That’s where we can help. Below, this negligence lawyer in Lakeland, Florida is going to discuss the process of filing a negligence claim in Florida, and we’ll also offer some guidance on what you should do to maximize your chances of success.
The Basics of Negligence Law
Negligence is a legal term used to describe when someone has acted carelessly and caused harm to another person or property. To prove negligence, a plaintiff must demonstrate that the defendant owed them a duty of care, that duty was breached, and that they suffered damages due to that breach.
In Florida, negligence claims are governed by the state’s statute of limitations. This means that claimants have a certain period (typically four years from the date of injury) in which to bring their claim. The case may be dismissed if the claim is brought after this period has expired.
How to File a Negligence Claim in Florida
If you have been injured due to someone else’s negligence in Florida, here are some key things you should know about filing a negligence claim:
1) Establish Negligence: You must be able to prove that the other party acted negligently, meaning they failed to act with reasonable care.
2) Provide Evidence: You will need to provide evidence of your injuries, such as medical records and bills, and evidence that the other party was at fault, such as witnesses or security camera footage.
3) File a Complaint: After gathering evidence, your negligence lawyer in Lakeland, Florida must file a complaint with the court. This will include information about your injuries and how the other party acted negligently.
4) Serve the Defendant: The defendant must be served with the complaint so that they can respond.
5) Negotiate a Settlement: After the defendant is served, you can try to negotiate a settlement without having to go to trial. The defendant may agree to pay damages to settle the case out of court.
6) Go to Trial: If negotiations fail, the case will proceed to trial. A jury will decide whether the defendant was negligent and, if so, the amount of damages that should be awarded to you.
Tips for Success when Filing a Negligence Claim
1) Gather Evidence: Collect as much evidence as you can to back up your claim. This could include medical records, eyewitness testimony, accident site photographs, and police reports.
2) Partner with an Attorney: Consider partnering with an experienced negligence lawyer in Lakeland, Florida to handle your case. Your lawyer can help you traverse the legal system and protect your rights throughout the process.
3) File Promptly: Be sure to file your claim within the time limit established by the statute of limitations. You must do so to avoid losing your right to bring a lawsuit and receive compensation for your injuries.
Filing a negligence claim in Florida can be complicated, but with the help of an experienced negligence lawyer in Lakeland, Florida, you can seek compensation for your injuries. Make sure to gather all the necessary evidence, hire a reputable lawyer, and file your claim promptly to maximize your chances of success.
Looking for the Top-Rated Negligence Lawyer in Lakeland, Florida?
If you have been injured due to the negligence of another individual, Tonya Stewart Law PA is here to help. As the top-rated negligence lawyer in Lakeland, Florida, Tonya Stewart has experience in handling a variety of negligence claims. Tonya and her legal team will provide you with dedicated legal representation throughout the entire process. Contact us today at (863) 279-4473 to schedule a free legal consultation.