An explanation of ‘negligence’ and the law
Negligence is an unintentional act. It is defined as that which a reasonable person would not do under the same or similar circumstances or the failure to do what a reasonable person would do under those circumstances. There are all kinds of negligence claims in Florida. The most common negligence claim arises out of an automobile accident where one party is at fault because they failed to do what a reasonable person would do under those circumstances. Negligence is distinguished from criminal acts that usually involve intentional acts and are punished by the state with fines or imprisonment.
Negligence, on the other hand, is usually involved in a civil wrong and can be anything from medical or legal malpractice to slipping and falling because a slippery substance is left on the floor without a warning.
Negligence can also be involved with respect to the resident of a nursing home. When a resident has repeatedly fallen and the proper precautions are not taken to make sure that he or she is supervised to prevent falls, that can result in an action against the nursing home for negligence.
Negligence cases are handled by lawyers who specialize in personal injury and those lawyers are paid on a contingent fee basis (meaning they get paid a percentage of recovery rather than an hourly fee). Most negligence cases are settled, but only after suit is brought. It is a rare case that an insurance company will be willing to pay a reasonable sum in a negligence case before suit is filed. The ultimate goal of a negligence suit is to have a jury trial, but 90 percent of these cases are settled.
If the case is not settled, then a six-member jury is chosen at random to evaluate all the evidence and decide the case after being given instructions on the law by the judge. Having a jury trial in a civil case is a guaranteed Constitutional right. A trial lawyer skilled in handling negligence cases will have experience in jury trials and that is the best way to ensure an adequate compensation for the plaintiff.