What is the Florida Negligence Law?
Learning about the legal negligence law definition helps you understand the rules and regulations in the state. Negligence laws by the state tend to be a common case in Florida, which is why you need to be aware of it.
Negligence law definition in Florida
As per the legal negligence law definition, it is a failure by one party to exercise judgment, as another individual would, under identical circumstances. While Florida negligence law refers to the actions of an individual, it can also cover acts or duties a person didn’t perform.
The best way to understand negligence law definition is to look at an example. Imagine you visited a hospital to receive treatment for a disease. However, the doctor asks you to go home, as he/she says there is nothing wrong. A couple of days later, you need emergency treatment, as the disease took a significant toll on your health. In this situation, the Florida negligence law comes into effect.
How to prove the accused is guilty of negligence?
If you want to win the negligence law Florida case, you need to make sure you cover four key areas. The first is to show that the accused had a responsibility or duty to perform. As per the above medical negligence law Florida example, it was to diagnose you correctly.
The next step is to bring to the attention of the jury, that the accused didn’t perform his/her duties, due to negligence. Going back to the example, this would be that the doctor didn’t spend time listening to you or read the reports carefully.
As per the third element, you must show that the actions of the defendant led to your injuries. From the example regarding medical Florida negligence law, the doctor’s failure to assess the seriousness of the disease caused significant damage to your physical health.
The last step is to show as per the negligence laws by state, that the injuries you suffered are compensable by the defendant. When you take a look at the example for negligence laws, you lost your job, as you had to take two months off, to recover from the physical damage. If you were healthy, you wouldn’t face any interruption in your income.
Punishment for negligence in Florida
Once the court finds the defendant guilty, the jury will direct the offender to compensate you for the damages, as per the punishment for negligence in Florida. In this situation, the amount is relevant to the economic, non-economic, and punitive damages.
Economic damage as per the negligence laws by state is the financial losses you suffer during this period. For example, it is the lost wages, medical bills, and decrease in your earning potential.
Non-economic damage of the negligence laws refers to the non-financial losses such as emotional anguish, loss of ability to enjoy life, and pain and suffering.
If the actions of the defendant were malicious or reckless, according to the negligence laws, you will receive compensation for punitive damages. The objective of this rule is to deter the accused of exhibiting the same behavior in the future.
As per the punishment for negligence in Florida, there isn’t any cap for the damages you suffer. However, the law does place restrictions on punitive damages. As per the negligence laws by state, the cap is three times the compensatory costs or $500,000. The jury will award a greater amount to the plaintiff.
When it comes to medical malpractice cases, the punishment for negligence in Florida has a cap. The amount for non-economic damages cannot exceed $500,000. However, if the guilty party doesn’t come under the medical practitioner category, the amount can go up to $750,000.
The negligence laws by the state tend to vary, which is why you should get in touch with a lawyer for help. He/she will give professional advice, which will help receive maximum compensation, according to the negligence law Florida.