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Negligent Security Attorney in Miami
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The attorney featured above is licensed in Florida. For a full list of attorneys in your state please visit our attorney page.
Results may vary depending on your particular facts and legal circumstances.
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Injured and not sure what to do next? We'll guide you through everything you need to know.
Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
How Do I Prove Negligence in a Premises Liability Claim?
Like most civil tort cases, premises liability claims often rely on the legal concept of “negligence.” If a property owner should reasonably know that dangerous or criminal actions might take place on their premises, they must provide protection for guests.
When you are injured due to a lack of reasonable security measures, you can file suit to recover any associated costs or losses. Plaintiffs in these legal claims need to provide evidence of the following four elements of negligent security:
Duty of Protection
Claimants in negligent security cases need to show that the defendant had a duty to protect you at the time of the injury. This will involve proving that you were an “invitee” on the defendant’s premises.
If your presence on the premises benefits the owner, you will be considered an invitee. The attorneys at Morgan and Morgan will use the evidence in your case to prove the purpose of your visit.
Lack of Safety Measures
The plaintiff in a premises liability claim must provide proof that the property owner did not take reasonable safety measures. Typically, this involves safety equipment or strategies to keep patrons and visitors secure.
Some of the most common examples of reasonable security measures are:
- Security guards and personnel
- Surveillance cameras
- Metal detectors at entrances and exits
- Adequate lighting in covered or darkened areas
- Automated security systems
- Staff and personnel safety training
- Adequate door locks
Different types of venues will require different types of security measures. Some of the factors that will determine which security approach property owners should use include:
- Location of the property
- Type of business, store, or company
- Recent crime rates in the area
Regardless of the area of Miami where you patronize a business, you have the right to expect a reasonable level of safety. Following an injury, attack, or another type of harm, make sure to seek legal counsel by contacting the firm of Morgan and Morgan.
What Is the Difference Between “Special” and “General” Damages?
The term “damages” refers to the financial payments made by the at-fault party to injury victims. In successful negligent security cases, the property owner will owe damages to the injured person.
The most common categories of damages in premises liability claims are called “special” and “general” damages. The financial recovery that you can claim through a tort lawsuit will depend on the specific circumstances of your case.
“Special” damages are paid to the victim to cover their direct economic losses. When you have been assaulted or attacked, you will likely lose a significant amount of money.
You should not be stuck with the bills and expenses from an injury that resulted from a property owner’s negligence. Some common examples of special damages in negligent security claims are:
- Current and past medical bills
- Lost income and foregone wages from missed work
- Anticipated future costs for ongoing care
- Rehabilitation
- Long-term reduced earning capacity
These are only a few instances of special damages that injury victims can pursue through a legal claim.
Some of the worst consequences of an injury or attack are not financial in nature. You will likely experience many intangible life changes when you have been injured.
Even though these personal and emotional harms do not result in monetary losses, victims still deserve compensation. General damages are payments that compensate for losses, such as:
- Physical suffering, pain, and discomfort
- Emotional harm, distress, and anguish
- Anxiety and depression
- Disability and disfigurement
- Decreases in general quality of life
- Scarring
If you have been injured because of negligent security in Miami, you can pursue financial recovery for any of these losses. Most victims do not know how to accurately calculate the general damages in their injury case.
To determine the full value of your negligent security claim, make sure to consult with a legal specialist at the firm of Morgan & Morgan. Our compassionate attorneys will work diligently to get all of the money that you are owed.
What Is the Statute of Limitations on Negligent Security Cases in Florida?
When you have suffered a personal injury in Miami, you should speak with an accomplished legal professional as soon as possible. Every state sets legal time limits by which victims must file a claim to recover compensation.
This time limit is called the “statute of limitations.” If you fail to pursue a negligent security lawsuit before the statute of limitations has expired, your case will be dismissed by the courts.
In the state of Florida, victims must file an injury claim within four years of the initial incident. That is why securing legal representation as soon as possible after an injury is critical.
The lawyers at Morgan and Morgan have a thorough understanding of Florida’s legal requirements for personal injury claims. We will ensure that you meet all of the deadlines in your case.
Let Our Team Fight on Your Behalf
It can be challenging to prove that a property owner’s negligence was the cause of your injury. To have the best chance of recovering the financial payments you are rightfully owed, reach out to the knowledgeable legal team at Morgan & Morgan.
When you complete the contact form online, our friendly staff will schedule a free consultation to discuss the facts of your situation. When you hire one of our attorneys, we will fight diligently to get justice for you. Reach out to the firm of Morgan & Morgan today.