Contact this Fort Lauderdale Negligence Lawyer for help. Mr. Quackenbush handles all types of negligence cases throughout the State of Florida – this includes Broward County and South Florida.
Negligence refers to behavior or actions that are reckless or careless or do not meet the standard of care of a reasonable person. That is, negligence is measured by the “reasonable person” standard. If a reasonable person would not undertake the actions or behavior, then the actions or behavior would be said to be negligent.
Negligence is different than a criminal act in that negligence does not require intent. That is, one can be negligent without intending to do so. A criminal act, on the other hand, generally requires intent. Crimes require intent on the criminal to do wrong or to commit the crime. Negligence does not require any such intent and can be committed by accident or without purpose.
If a wrongdoer commits his or her wrong intentionally, then the wrongdoer will be charged with a crime and will wind up in criminal court and face jail/prison time and the loss of liberty. If a wrongdoer commits negligence on the other hand, then he or she will end up in civil court and will be facing financial consequences instead of jail/prison time or the loss of the liberty.
Contact Mr. Quackenbush at 954-448-7288 for a free consultation. He can help you if you’ve been injured anywhere in Florida, including Miami and West Palm Beach. Should you make the decision to retain Mr. Quackenbush, he won’t get paid until you’ve made a recovery in your case. This means that there is no risk to you.
In a Court of law, negligence is measured by the “Preponderance of the Evidence” or “Greater Weight of the Evidence” standard. A “standard” or “burden” in the law is a measurement of the weight of evidence required to prove a case. For example, “Reasonable Doubt” is the standard or burden used in a criminal case. In a criminal case, the prosecutor must provide enough evidence to prove that the defendant committed the crime “beyond and to the exclusion of any reasonable doubt.” In a civil case, on the other hand, the standard or burden of “Preponderance of the Evidence” or “Greater Weight of the Evidence” indicates that the Plaintiff or person suing or bringing the lawsuit must provide enough evidence to proof that the defendant committed the negligence “more likely than not.” That is, in your civil case, this South Florida Negligence Lawyer won’t need to prove that the defendant committed negligent beyond and to the exclusion of any reasonable doubt, but rather only that it is more likely than not that the defendant committed the negligence. If it is proved that it is more likely than not that the defendant was negligent, then you will win your case.
Some negligence is worse than others. If the defendant was so negligent that his or her negligence is more than a mistake and instead rises to the level of extreme carelessness or recklessness, then there may be additional consequences for the defendant. If the defendant acted with more carelessness or recklessness than a case of simple negligence, then he or she will be said to be grossly negligent or to have engaged in willful and wanton behavior.
If the defendant acts intentionally committing harm, is grossly negligent or engages in willful and wanton behavior, then the defendant may be liable for punitive damages. Punitive damages are designed to actually punish the defendant for his or her intentional or reckless behavior. Compensatory damages, which are granted as a result of simple negligence, are designed to reimburse the victim for his or her injuries. Punitive damages, on the other hand, aren’t intended to compensate the victim, but are instead designed to punish the wrongdoer.
If the defendant in your case acted with intent or recklessness, this Broward County Negligence Attorney may move for punitive damages. If this is granted by the Judge in your case, then the defendant may be punished financially for his or her behavior or actions.
Mr. Quackenbush handles Negligence cases which include all sorts of injuries. If you are injured due to somebody else’s injuries, contact Mr. Quackenbush at 954-448-7288 for a free, no obligation consultation. If you hire this Broward County Negligence Lawyer to represent you on your case, you will not be charged anything until you’ve received compensation in your case.