KEY WEST NEGLIGENT SECURITY LAWYER

To build a strong enough case to file a civil lawsuit that seeks monetary damages, you have to follow a few steps after a negligent security incident. Some of the steps unfold before you meet with a negligent security lawyer in Key West, FL, while the remaining steps take place after your free case evaluation.

Contact Law Enforcement

If you sustained injuries and/or suffered financial losses because of the commission of a crime, the first step on the road to receiving just compensation involves calling 911 for law enforcement assistance. At least one detective and a team of supporting law enforcement personnel conduct an investigation, with the results of the investigation becoming part of the official police report. Your negligent security lawyer in Key West, Florida reviews the police report to determine whether you have a persuasive enough case to file a civil lawsuit that seeks monetary damages.

Visit With a Healthcare Provider

Although many negligent security incidents involve non-violent acts such as the theft of a purse, you might have to seek medical care because of the injuries sustained from an act of violence. Getting the medical attention that you deserve generates medical records that boost the strength of a negligent security lawsuit. You have the right to seek compensation for the costs associated with diagnostic tests, treatment programs, and physical therapy sessions. Waiting to get medical care demonstrates to the other party’s attorney that you did not consider your injuries to be serious enough to warrant immediate attention.

Report Stolen Cards

During the chaos that often surrounds a negligent security case, a victim might forget to take the one step that minimizes financial losses. You should contact your bank, as well as credit card companies, to close the accounts associated with stolen bank and credit cards. Typically, thieves that steal bank and credit cards try to access money from the cards right after committing a crime. Reporting stolen cards prohibits a criminal from benefiting from the commission of a crime that involved stealing personal financial information.

Meet With an Experienced Negligent Security Lawyer in Key West, Florida

You have completed the preliminary steps required after one or more acts of negligent security have caused you physical harm and/or financial losses. Now, the time has come to meet with one of the highly-rated personal injury attorneys at Morgan and Morgan. The lawyer assigned to your case examines the physical evidence and reviews witness statements to decide whether another party committed an act of negligent security. For many types of negligent security incidents, video footage taken by security cameras can show whether the owner of a business venue failed to follow the duty of care doctrine to protect customers and employees from sustaining injuries and/or suffering financial losses.

Send a Demand Letter to the Other Party

If your negligent security lawyer in Key West, Florida recommends the filing of a civil lawsuit that seeks monetary damages, the first step in the legal process is to send the other party a demand letter via certified mail. Sending a demand letter by certified mail ensures the other party receives the written correspondence. A demand letter includes a comprehensive description of what transpired before, during, and after the negligent security incident in question, as well as presents a reasonable value for compensation that your attorney from Morgan and Morgan has calculated.

One of the most important sections of a demand letter is to define the reasons why the other party committed one or more acts of negligent security.

Negotiate a Settlement

The goal of your Morgan and Morgan lawyer is to get you the compensation that you deserve for falling victim to one or more acts of negligent security. We prefer to negotiate a settlement to avoid a costly and time-consuming civil trial. Negotiations begin when your legal counsel submits a reasonable offer that the other party can either accept, reject, or send back with a counteroffer. Your attorney can accept the counteroffer or send the other party another counteroffer that can spark several rounds of counteroffers. Eventually, both parties agree to settle the case or take the case to the trial phase of the litigation process.

As a type of personal injury case, filing a civil lawsuit that seeks monetary damages requires you to file the right documents before the expiration of the statute of limitations. Every state has set a deadline for plaintiffs to initiate legal action, with most states settling for a deadline to file a civil lawsuit between two and four years. However, a few states give plaintiffs as long as six years to file a civil lawsuit, while a handful of states grant just one year for plaintiffs to take legal action. Florida has set the statute of limitations for filing a personal injury lawsuit at two years, with the clock starting to tick for the deadline on the day when you fell victim to a negligent security incident.

Two years is more than enough time for you to file a persuasive civil lawsuit. However, you should act with a sense of urgency by taking legal action as quickly as possible after a negligent security incident. Filing a civil lawsuit soon after a negligent security incident might get you the financial relief you need as quickly as possible. Medical bills frequently rise to values that can place you in financial distress. Your negligent security lawyer in Key West, Florida wants you to act with a sense of urgency to receive the most accurate accounts of what happened from witnesses. Witness statements tend to be much more accurate the closer they are given to the date of a personal injury incident.

If you fail to file a civil lawsuit before the expiration of the statute of limitations, you can expect the court clerk processing your case to remove it from the judicial docket.

To prove another party committed at least one act of negligent security, the personal injury that you hire from Morgan and Morgan must demonstrate the presence of the four legal elements of negligence.

Duty of Care

The duty of care doctrine places the legal burden of protecting the health and welfare of customers and employees on the owners and operators of businesses that manage publicly accessible venues. For example, amusement park operators owe a duty of care to every visitor to ensure the safety of all rides and attractions. The owners and operators of businesses such as bars, hotels, and restaurants in Key West, Florida must take measures that protect the personal safety and financial health of their customers and employees.

Breaching the Duty of Care Doctrine

The second element of proving negligence represents the most important and often the most difficult element to prove. It involves showing a business did not take proper precautions to protect the health and safety of its customers and employees. One common example of negligent security in a tourist hotspot such as Key West Florida concerns credit card theft. Visitors to the area expect every business, from boutique hotels to large seafood restaurants, to implement credit card security measures that protect sensitive financial information. Proving the presence of the second element of negligence requires your Morgan and Morgan attorney to submit overwhelmingly convincing physical evidence.

Caused Injuries

An act of negligent security must cause injuries if the act committed involved some form of violence. For instance, if a criminal robbed you at gunpoint at a nightclub and then used the gun against you, your negligent security lawyer in Key West, FL must link the assault to the development of your injuries. This means submitting the results of diagnostic tests, as well as security camera footage that shows the attacker hitting you with the weapon. The attorney representing the defendant might try to claim that another type of incident, such as a car accident, caused your injuries.

Financial Losses

Although not every act of negligent security produces injuries, every act of negligent security must generate some form of financial loss. Copies of bank and credit card statements can verify credit card theft, while medical bills confirm that a negligent security incident took place that resulted in one or more injuries. If you cannot prove you suffered financial losses due to one or more acts of negligent security, you cannot expect the judge hearing your case to approve a request for monetary damages.

Schedule a free case evaluation today with one of the negligent security lawyers in Key West, Florida from Morgan and Morgan.