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Miami Negligence Lawyer

If you have suffered an injury because of the negligent or careless act of person or business operator you should need help from experienced lawyers. No matter what kind of personal injury lawsuit you might be pursuing establishing negligence is a crucial step. Establishing and proving negligence is one of the biggest obstacles that a personal injury victim in Florida. Without proving that an at-fault party was negligent, it is impossible to win a personal injury lawsuit and gain the compensation you deserve. If you want to gain compensation for your injuries, medical bills, or any out-of-pocket expenses, you always need to establish that the at-fault party was negligent in some way.

If you find yourself in this difficult regardless of a car accident, motorcycle crash or victim of crime don't wait and contact a negligence lawyer in Miami at Gerson & Schwartz today. Established in 1970, our law firm has over five decades of personal injury experience. Our attorneys in Miami have dealt with virtually every type of negligence claim imaginable from car accidents, slip and falls, and other careless acts and preventable accidents involving catastrophic injury or wrongful death.

Consultations are free and there are no upfront costs. If you or a loved on believe you were harmed by the careless or negligent act of another do not delay. Call the Miami personal injury law offices of Gerson & Schwartz at 305-371-6000 or toll free at toll-free 877-475-2905. You can also reach a Miami negligence lawyer and attorney in Miami via email at

What is Negligence?

Negligence is the failure to act safely. This can mean any action, inaction, or general behavior that contributed to an accident, serious injury or wrongful death. Under Florida law, negligence can be acting resulting in a car accident, motorcycle crash, or another serious injury or wrongful

Over the years, the personal injury law offices of Gerson & Schwartz PA have helped numerous victims and family members that have been harmed. With the help from experienced negligence attorneys we have been able to helped negligence victims obtain financial compensation for their injuries.

Under Florida law, negligence is described as failing to do something a careful person would do or failing doing something that a reasonably careful person would not do. Examples of negligence can be anything from driving over the speed limit, failing to correct a dangerous condition on property, failing to diagnose a serious medical condition, or driving while intoxicated.

The Four Essential Elements of Negligence In Florida

Under Florida law, to prove negligence claim injury victims must prove four key facts when proving negligence. These are known as the "four essential elements of negligence."

  1. Duty of Care: The first step is to prove that the at-fault party owed you a "duty of care." This means that they had a legal duty to provide you with a reasonable level of care in order to prevent you from being harmed. Without a proving there is a legal duty to prevent someone from a risk of harm and injury claims. For example, grocery store employees have a duty to clean up spills to prevent shoppers from slipping and falling. Motor vehicle operators have a legal duty to drive safely. Property owners owe a legal duty to inspect and maintain their property to prevent dangerous condition on their property. There are countless examples of negligence that can result in life changing injuries and serious harms.
  2. Breach of Duty: The second element to prove that the at-fault party actually failed to provide this duty of care. In the case of the aforementioned grocery store, you would need to prove that they knew about the spill but failed to clean it up. Breach of duty is failing to do something that caused or contributed to the accident or injury. Texting and driving, reckless driving, or failing to warn about a dangerous condition on property are examples of breach of the duty of care.
  3. Causation: Proving that your accident or injury was the result of the breach of duty is another critical step in proving a negligence claim. often at fault parties may argue that the injuries that were sustained considering a car accident or a slip and fall or medical malpractice had nothing to do with the fault of another. This means that you will need to prove that the at-fault party's behavior directly or contributed to your injuries. Medical records can show that the injury was not a pre-existing condition and that you only started suffering after the incident.

Our negligence lawyers in Miami Florida understand how to defend and prove accidents causally related to injuries our client sustained. For these reasons you need experienced lawyers on your side when proving a claim under Florida law.

  1. Damages: The final step is to show the court how much you lost as a result of your injuries. Damages may include medical bills, out-of-pocket expenses, loss of wages, and more. You may have also suffered emotional/mental damages, and you can receive compensation for these losses, as well.

No matter what kind of personal injury lawsuit you might be pursuing, establishing negligence is a crucial step. If you want to gain compensation for your injuries, medical bills, or any out-of-pocket expenses, you always need to establish that the at-fault party was negligent in some way.

Our law firm focuses on all types of serious injury cases due to the negligence acts of others. For more than 50 years, the Miami personal injury law offices have helped a wide range of these potential cases, including:

  • Negligence claims resulting in serious injury due to crime
  • Property owner negligence for slip and fall injury lawsuits
  • Wrongful death motor vehicle accidents
  • Vehicle crash accidents due to negligently failing to keep a proper lookout
  • Distracted driver crash injuries
  • Negligent Acts resulting in Medical malpractice
  • Texting and Driving
  • Reckless Driving Car Crash Cases
  • Product liability personal injury lawsuits
  • Broken stairs slip and fall injuries
  • Negligent failure to maintain property in safe condition
  • Negligently failing to warn of a hazardous condition
  • Serving a known alcoholic at bar resulting in serious injury or wrongful death
Understanding Negligence

In a legal context, "negligence" simply refers to reckless or careless behaviors committed by others that have contributed to your injuries. Negligence is slightly relative in nature because it requires us to compare the actions of a "reasonable" individual to someone who is clearly not acting in a prudent, thoughtful manner, especially in the context of causing harm to others.

Negligence can be unintentional. It does not matter whether a guilty party actually wanted to cause you harm. The fact that they failed to act in a reasonable manner can be enough for a personal injury negligence attorney in Miami to establish that they were negligent.

In addition, at-fault parties can be negligent even through their lack of certain actions. If an entity has a duty to provide someone with a reasonable amount of care, they become negligent when they fail in that duty. Of course, direct actions also constitute negligence, such as speeding through a crowded intersection.

Where Does Negligence End?

When we deal with negligence in a legal context, it is important to know when to draw the line. When must an individual assume responsibility for their own injuries? When do we decide that someone did everything they possibly could to prevent injuries, despite any "duty of care" that they have had? These are some of the most important questions that are asked during a personal injury lawsuit, in large part because they are open-ended and open to debate.

For example, "voluntary assumption of risk" is when someone engages in a risky activity and knowingly understands the danger of their actions. Violent, high-contact sports are clearly dangerous, and the court generally assumes that individuals were aware of these risks prior to participation. Because of this, establishing negligence is difficult when there is clearly a "voluntary assumption of risk" on the part of the plaintiff. In many cases, individuals are required to sign a waiver before they engage in extreme sports such as skydiving. This makes establishing negligence even more difficult.

Another example is a so-called "inevitable accident," which is also known as an "act of God." As the name implies, these situations involve freak accidents and strange, unpredictable occurrences. In this case, a court may decide that the accident would have happened anyway and that no one could have possibly prevented it from happening, regardless of any alleged negligence.

Why You Need Help from a Personal Injury Law Firm for You Negligence Claim

If you need help with any aspect of a Miami personal injury lawsuit, reach out to Gerson & Schwartz injury lawyers today. We understand that the overall legal process can be tricky to understand at times, and we are always here to help. Call us today at 305-371-6000, or toll-free at 877-475-2905. You can also send us an email at

This is true in a wide range of different personal injury lawsuits based on negligence claims including:

  • Slip and falls
  • Wrongful death lawsuits
  • Product liability lawsuits
  • Medical malpractice
  • Car accident injury lawsuits
  • Workplace injury claims
  • Hazardous walking conditions slip and fall lawsuits
  • Employer negligence lawsuits
  • Distracted driver vehicle accident injuries
Comparative Negligence

Even if you are partly responsible for your own injuries in Florida, you can still receive compensation. This is because of a system known as "comparative fault." While not all states follow this system, Florida allows victims to receive a monetary amount that reflects the degree to which they are to blame. For example, if a judge decides that you are 20% responsible for your injuries because you were speeding at the time of your car accident, you would receive 80% of your total compensation.

This means that a qualified, experienced Miami injury lawyer can help you gain compensation even if you feel like you are partly to blame for the incident. No one should have to suffer through painful injuries and loss of wages, and you should strive to obtain the compensation to which you are legally entitled.

Injured due to Negligence? Get Legal Help From An Attorney At Gerson & Schwartz Today

If you need help with a negligence claim in Miami contact the personal injury law offices of Gerson & Schwartz today. Our attorneys are here to help. Proving a legal cause of action for negligence can be challenging at times, but the process is much easier when you have experienced lawyers in Miami on your side.

Reach out today by calling 305-371-6000, or toll-free at 877-475-2905. You can also send us an email at, and we would be happy to provide you with more information. Se Habla Espanol.

Client Reviews

I am a lawyer in Massachusetts. I had a case to refer against a cruise line in Florida and did my homework on which firm to represent the client. Let me take the guessing out of it for you. Call this law firm and sign up. Brandon Parrelli, Google User
A big shout out to Nick Gerson & Schwartz for helping me navigate my care after a fall against a major cruise ship. They took care of me all along the way and saw me through such a very hard time. I highly recommend their firm if you are looking for a firm that truly cares about you. 5 Stars all the way! Janna Wright, Google User
Mr Nick Gerson has been extremely attentive (even on weekends!) and has been more than willing to take time to answer all my questions. His receptionist (Suzanne) and paralegal (Carla) are courteous, friendly and highly efficient in all matters. Mr Gerson's diligence lead to a very quick resolution of my case. I am more than pleased to recommend you seek him as your attorney. You will not regret you did!! G.I.B.
Mr. Gerson and all his team gave to my case the careful and professional attention it needed from the beginning to end. Unfortunately, a year ago I was involved in a car accident on the victim side. I have appreciation for the good service that was given to me and my situation. Thanks. Cales & Mr. Hyde (Carlos Andrés García Jiménez), Google User
Gerson & Schwartz did an excellent job with my case! Nick Gerson was my primary contact throughout the process and I was overly pleased with his level of professionalism and commitment. Thanks again to the firm for both winning my case and handling it with the upmost respect. Read the full review » Jhlechia Ervin
Phil is the best attorney! The staff is very helpful and were always kind and understanding. Especially during a PIP claim which can be very frustrating. I am so lucky that I found Gerson & Schwartz to resolve my case, I truly believe there could have been no better outcome. Romina Frascarelli, Google User
Excellent attorneys, they leave no stone unturned in any case and get max value. Jon Zepnick, Google User
I hired Gerson & Schwartz, PA for a personal injury/slip and fall case. Phil Gerson, Nick Gerson, and Ed Schwartz were awesome! They were very professional, supportive, and informative through the whole process. I was amazed at how much time and effort they put into presenting my case. They fought hard for me and I am very happy with the outcome. I love these guys and would highly recommend them to anyone looking for an attorney who will look out for your best interest and fight hard for what you deserve. Deb Betts, Google User