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NEGLIGENCE
Negligence is the failure to use reasonable care to avoid a foreseeable harm to person or property.
To prove negligence several criteria must be met:
- First, you must show that there was a duty owed from one person to another. The nature of that duty may change depending on the relationship of the parties. Typically, persons owe a duty of "ordinary care" to other people. However, a child is held to a lower standard, that being what another child would do under the circumstances, as opposed to what an adult would do. Certain professionals and tradesmen are held to a higher standard, that being what other persons in that profession or trade would do under the circumstances.
- Second, it must be shown that there was a breach of that standard of care. In other words, someone failed to do what they should have under the circumstances in light of the duty owed from one person to another.
- Third, it must be shown that the breach of that standard of care was the actual and "proximate", or legal, cause of the injury. This means that the injury was the foreseeable consequence of the breach of care.
- Lastly, damages must be shown to have resulted from all of the above.
If you or a loved one has suffered an injury due to negligence, call J.P. Gonzalez-Sirgo, P.A. at (305) 461-1095 or submit an online questionnaire
. The initial consultation is free of charge, and
if we agree to handle your case, we will work on a contingency fee
basis, which means we get paid for our services only if there is a
monetary recovery of funds. In many cases a lawsuit must be filed
before an applicable expiration date, known as a statute of limitations
so please call right away to ensure that you do not waive your right to
possible compensation.
The hiring of a lawyer is an important
decision that should not be based solely upon advertisments. Before you decide,
ask us to send you free written information about our qualifications and experience.
The information you obtain at this site
is not, nor is it intended to be, legal advice. You should consult an attorney
for individual advice regarding your own legal situation.
Copyright © 2005 J. P. Gonzales-Sirgo
– Florida personal injury attorneys, motor vehicle accident lawyers and medical malpractice
attorneys, serving Miami, Coral Gables and cities throughout Southern Florida.
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Florida Negligence Lawyers Disclaimer: The Florida negligence, premises liability, personal injury, wrongful death and/or other legal information offered herein by J. P. Gonzales-Sirgo, Florida Negligence Lawyers, is not formal legal advice nor the formation of an attorney client relationship. Any results set forth herein are based only upon the facts of that particular case and offer no promise or guarantee on the outcome of any case. This site is not intended to solicit clients outside the State of Florida.
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