What Is Negligence and How Does It Apply to My Case?
In short, your attorney files a ‘negligence case’ in civil court after you suffer injuries caused by the negligent actions of another person or company. You must establish four elements to have a viable negligence case:
- Duty of Care: Everyone has a duty of care to ensure their actions don’t harm others. For example, drivers have a duty of care to drive safely so they don’t cause accidents.
- Breach of Duty: If someone breaches that duty, for example, by driving at an excessive rate of speed or ignoring a stop sign, and causes an accident, they have breached the duty of care.
- Causation: The defendant’s actions must have caused your injuries. If not for running the stop sign, the defendant would not have hit you.
- Damages: You must have suffered damages due to your injuries. Damages can be monetary or non-monetary.
Modified Comparative Negligence
Florida follows a modified comparative negligence rule. If you are partially at fault for your injuries, you may still recover compensation, typically in a reduced amount. However, if you are more than 50 percent at fault, the law bars you from recovering any compensation.
Never assume you are fully or even partially at fault, even if you believe you are. Let your attorney determine whether you have a case so you don’t leave money on the table.
Client Successes
$2,500,000 recovery for pedestrian struck by impaired driver.
$650,000 was awarded to a client who was rear-ended while stopped to make a turn and needed back surgery.
$175,000 for elderly customer struck by delivery courier in large outlet store. Surgery and joint replacement procedure performed.
$100,000 was awarded to a client that had broken a foot with a heavy object improperly stored at the business.
Florida’s Statute of Limitations
Most negligence cases are subject to a two-year statute of limitations. If you miss this deadline, the law bars you from recovering damages in most cases. Seek legal advice as soon as possible after your incident to help you recover compensation. Cases take time to prepare, so we don’t advise waiting to speak with our Pensacola personal injury attorneys.
How No-Fault / PIP Works for Vehicle-Related Injuries
Florida is a ‘no-fault’ state, meaning your PIP coverage pays certain initial medical and disability benefits after a motor vehicle accident, even if you didn’t cause it. To qualify, you must receive medical care within 14 days of the accident. If you miss that deadline, your PIP insurance may not cover your medical expenses.
What Types of Personal Injury Cases Do We Handle in Pensacola?
Motor Vehicle Accidents
We handle most types of motor vehicle accidents, including truck, pedestrian and bicycle accidents. After the accident, seek medical attention and legal advice.
Medical Malpractice
Sometimes, doctors cause injuries through misdiagnosis, prescribing the wrong medications or surgical errors. If you believe you have a medical malpractice claim, act quickly when filing.
Nursing Home Abuse and Neglect
No one wants to put their loved ones in a nursing home, but sometimes they need a level of care you can’t provide at home. You expect your loved ones to receive top-level care, yet in some cases, staff may be abusive or neglectful.
Slip and Fall and Premises Liability
When you slip or trip and fall, it’s not always your fault. Cracked sidewalks, slippery substances on floors or even the corner of a lifted carpet can cause you to fall and suffer injuries. You can also be injured by other hazards on the property, such as hidden holes, or become the victim of a crime due to a property owner’s negligence, such as poor lighting.
Defective Products and Drugs
In some cases, a product or drug defect can cause injuries. Defective products can cause physical injuries, while drugs and poorly packaged or improperly handled food can cause illness.
Third-Party Liability and Intentional Harm
Third-party claims arise when someone other than your employer causes your injuries during your workday, allowing you to seek compensation beyond workers’ compensation. Intentional harm, another complex type of case, occurs when someone intentionally harms you, whether at work or on another property. You may be able to recover compensation in both scenarios.
Wrongful Death
You can recover damages if another person’s negligence causes the death of a loved one, whether in a car accident, medical malpractice, premises liability or another type of personal injury.
The Personal Injury Claims Process
While your case may be complicated, the personal injury claims process isn’t. First, call to schedule a free case review. After reviewing your case to determine whether you have a claim, we investigate and preserve evidence.
We then write a demand letter to the insurance company (or companies), giving them a specific amount of time to respond. The insurer may accept your claim on its face, submit a counteroffer or deny it. If it doesn’t agree to the amount requested, we enter negotiations. Finally, if the insurance company refuses a fair and reasonable settlement, we prepare for litigation.
Lost Earnings and Future Earning Capacity
In Florida, you can recover two types of compensation: economic damages, which have a monetary value, and non-economic damages, which do not. Economic damages include medical expenses and lost present and future income.
Non-economic damages include pain and suffering, inconvenience and excessive scarring or deformation.
Why Pensacola Injury Victims Choose Thomas J. Ueberschaer, P.A.
Our clients choose us because Tom has more than 30 years of experience representing injured people throughout Northwest Florida. His credentials include:
- Board of Governors
- Florida Workers’ Advocates
- Florida Justice Association
He also lobbies in Tallahassee on behalf of injured victims.
Our clients have direct access to Tom; you will work with him rather than with paralegals or less experienced lawyers.
Tom works on a contingency fee basis, meaning you pay his fee only if you win your case. For those still deciding on an attorney, visit our past results and “How to Find a Personal Injury Lawyer” for tips to help you make your decision.
Frequently Asked Questions
Talk to Tom About Your Injury
Contact Tom today to discuss your case, including the defendant’s negligence, the compensation you may recover and how to manage medical expenses until you receive your settlement.
Don't Lose Evidence by Waiting.
With over $250 Million in Verdicts and Recoveries, the Victories Just Keep on Coming.
AUTO ACCIDENTS
$325,000 was awarded to a client who experienced a head-on collision resulting in serious injuries to their legs.
WORKERS' COMPENSATION
$1,100,000 was awarded in a workers' compensation settlement. The client was moving a heavy object resulting in permanent total disability.
SOCIAL SECURITY DISABILITY
$90,000 in back due benefits and ongoing payments after judge’s hearing for 45-year-old mechanic suffering from severe sleep disorder, leaving him unable to maintain any full-time employment.