Your Fort Myers and Naples Accident Lawyers Answer Your Questions

Personal Injury & Car Accident Attorneys Serving Fort Myers, Cape Coral, Naples & Nearby Southwest Florida

Posted: June 11, 2020
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“How do I determine negligence in an accident?”
Negligence – essentially means failure to exercise reasonable care.

Keep in mind there are many kinds of accidents that happen every day in our local area of Naples and Fort Myers, Florida. They range from the simple tripping action when you are walking to the bizarre, like when a person got stuck on a waterslide, and the next person down slid into him feet first – breaking his ankle.

But how do you determine if someone has been negligent and is responsible for the harm you suffered in an accident?

When it comes to everyday slip and fall accidents or a car crash, for instance, deciding if there is negligence and who is at fault comes down to: Did the person or company involved in the accident in question act with reasonable care? Or, did they act carelessly contribute to the accident in any way?

Understanding the different forms of negligence can make a big difference in the outcome of your case.

At Kelleher Law, our initial consultation is always free. Attorney Jim Kelleher will sit down with you and go over the facts of your case. We will help you determine if there was negligence, and if you want to pursue a claim, how much your case may be worth. Our offices are located conveniently for you in Fort Myers and Naples.  

There are several key areas we focus on during our free case review when considering your particular case. They include: 

Legal duty of care.

To determine whether someone is legally liable, it may come down to whether they had a duty to use reasonable care protect against injuries in the place where the accident occurred. Was there a failure of a person to exercise due care? Did the person violate a statute, ordinance, or regulation? Did the violation cause death or injury to a person or property? For instance, a doctor owes a patient a legal duty to provide him or her with competent medical care. These are just some of the questions our expert team at Kelleher Law will consider determining if you can hold a person or company legally responsible for the harm you suffered.

What is reasonable?

Everyone must exercise "reasonable care" to avoid injury to others. However, reasonable care can vary depending on the time, place, and the variable relationship between the people involved. In other words, conduct in one situation might be considered negligent, but not in another. 

Timing is critical – don’t wait – call now.

In accident cases, there is a statute of limitations applicable to negligence claims.
Call 833-JIMFORJUSTICE anytime. We provide a free consultation 24/7. If you’ve been involved in an accident, call the experienced lawyers of the Kelleher Law team. We seek the justice you deserve.  We will help explore your legal options and get the answers you need.
 

 

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