Negligence Actions Attorney Orlando

Negligence actions arise everyday in every walk of life. Negligent conduct occurs in a wide variety of places such as at your workplace, where you shop, on the highways, in schools, at vacation resorts and hotels, in hospitals and health care provider offices, at sports facilities, in parks, in government buildings, and even in your home.

Generally, “negligence” occurs when someone acts in a way that a person of ordinary prudence or care would not act under the same or similar circumstances. Put another way, someone is negligent when they fail to exercise the care of a reasonably prudent or ordinarily careful person under the particular circumstances.

Negligence may also occur through omission or failure to take action, which a person of ordinary prudence would have done under the same or similar circumstances. Thus, negligence may result from someone’s acts or failure to act.

For example, in a motor vehicle crash, a driver may be negligent for driving too fast or driving on the wrong side of the road, which resulted in a crash. A driver may also be negligent for failing to act, such as not slowing down, not stopping, or not driving on the proper side of the road. Whether the conduct is described in terms of acts or failure to act, the conduct is evaluated under a standard of ordinary care.

It is possible to be partially negligent. In most cases it is not necessary to prove all charges of negligence. Even in partial negligence a party can be held liable. If you believe that someone has caused you harm due to their negligence, you will normally be required to prove that person had a duty to exercise the care of a reasonably prudent or ordinarily careful person under the particular circumstances, and failed to act accordingly. You must also prove that the person or company's inaction or carelessness caused your injury and related damages.

What may appear to be a simple negligence action may well present complex legal, medical, insurance, and scientific issues. Experienced attorneys at Overchuck, Byron, Overchuck P.A. are prepared to assist you in evaluating, organizing and prosecuting your potential negligence action to a successful conclusion.

If you or a family member have been injured by negligent action, please send us an inquiry by using the form at our help page or email us. We welcome the opportunity to answer your questions.