Negligent Security Lawyer in Naples

Suppose you or a loved one has been attacked and injured on someone else's property in the Naples area. In that case, you probably wonder how you can succeed in a negligent security claim. It's first important to understand that sustaining an injury during an attack doesn't mean you have grounds to file a civil claim. Proving negligence on behalf of the property owner is the clincher.

For instance, if you were mugged in a hotel parking lot and were injured during the attack, the violent act is not enough on its own. However, suppose there had been a series of muggings in and around the hotel, which the owners knew about. Yet, they didn't take steps to beef up security, or they didn't fix broken security cameras. As a result, you were then injured during a mugging. In that case, you may be able to get compensated for negligent security. Here are the elements required to establish fault:

You must demonstrate that the property holder was negligent in providing reasonable security measures based upon a foreseeable threat on the property, whether a place of business, a public institution or an apartment building.

You need to show that the negligence in providing reasonable security was directly linked to you coming into harm's way and that you were injured as a result. Injuries that cause financial losses are central in civil claims.
 
Duty of care - As a social construct, we all have a duty of care to others to ensure our actions or inactions don't cause harm. For example, every time we get behind a steering wheel, we owe it to others on the road to exercise care for their safety. Likewise, any time we're doing business that involves other people coming onto our property, there must be some responsibility to ensure people aren't physically attacked when we understand there might be a chance of such an event happening.

Plainly put, a negligent security action must show the property owner should have taken security measures but failed to do so. Here are some scenarios where negligent security would be the obvious reason for injuries:

• An owner of a bar with an established history of bar fights fails to hire trained bouncers to protect peaceful patrons. As a result, a peaceful patron sustained a traumatic brain injury at the hands of a drunken assailant.
• The owner of a hotel that has experienced a recent rash of guest room break-ins fails to train staff to check the ID of people saying they lost their key card. As a result,  a legitimate guest is robbed and beaten by a trespasser.
• A college campus has a serial rapist on the loose who targets women in a specific dorm. Yet, college authorities fail to hire additional security guards and set up surveillance. As a result, another student is sexually assaulted in that dorm.

Injuries - Once negligent security has been established, the next move is to show that you suffered an injury because of negligence. Proof of physical injuries is most often found through medical records. However, a negligent security claim doesn't have to be limited to bodily injury. Often, attacks leave us emotionally and psychologically scarred. This type of harm can also be demonstrated with medical records showing you've sought mental health treatment or counseling. Once we have proof of injury, the property owner might be on the hook paying for medical expenses, lost income, pain and suffering, and more.

A claim is a legal demand for compensation from an insurance company following an injury. A lawsuit is a legal action presided over by a judge and possibly a jury when an injured party sues another individual for compensation for their injuries.

Civil disputes are often resolved through the claims process rather than in the courtroom. There are many reasons for this, but primarily, it's usually the preferred method of resolution for both parties because lawsuits are costly and lengthy. Furthermore, the injured party doesn't have to gamble that a jury will side with the defendant and thus get nothing regarding compensation.

Negotiation skills are crucial when working with an insurance company. While you never want to settle for less than what your claim is worth, there is some value in compromising, especially if any elements of the claim are in dispute. However, suppose an insurance company is operating in bad faith or otherwise won't deal equitably. In that case, a lawsuit is a decisive move to try to force compliance.

When shopping for a negligent security lawyer in Naples, it's in your best interests to go with Morgan and Morgan Law Firm. Our lawyers work on every case as if it were going to trial. That's because we believe in the merit of the cases we take on and won't back down until we find a resolution that will benefit our client. Sometimes, that means fighting it out in a courtroom.

We're not afraid of going up against big corporations or even the government in the pursuit of justice for our clients either. We understand that it can be intimidating for some victims to challenge entities represented by experienced lawyers. That's why you need equally capable legal representation on your side. That's what we have provided to tens of thousands of injured parties over the years along with winning billions in compensation for them.

Florida has a four-year statute of limitations to bring a negligent security lawsuit before the courts. The statute of limitations is a deadline to initiate legal action after an injury or crime occurs. While this may seem like a significant amount of time, we realize that for some victims, the trauma of what they endured may cause delay or hesitation. Some may not even realize they have legal recourse until they hear about some other incident. Whether your injury happened some time ago or very recently, a negligent security lawyer in Naples will work to ensure the deadline for filing your case is met.

Every case will have varying aspects that will impact the amount of compensation you may be eligible to receive. Medical bills and other financial losses are usually the foundation of personal injury claims. Sums for noneconomic losses like pain and suffering are typically based on economic damages and then multiplied depending on the severity of the injuries.

Essentially, serious injuries, especially permanent ones, will result in higher overall compensation. In cases of shocking negligence, the courts may award punitive damages to discipline errant property owners and make an example of them. However, this is a rarity.

A Florida man suffered grave bodily harm after being shot in an apartment complex while picking up a Christmas gift. If security had taken reasonable steps, the man would not have been in the situation in the first place. $11 million was recovered on his behalf.

In 2021, the Georgia Court of Appeals upheld a $43 million verdict against a CVS Pharmacy located in southwest Atlanta after a man was left with permanent severe injuries caused by an assault in the store's parking lot. The property owner was aware of prior criminal activity in the area yet failed to increase security or provide better lighting.

On a retail fish merchant's property, one man was killed and another severely injured when two unknown men entered the property and started a deadly fight with the two victims. There was a history of drug use and homeless activity on the property. Yet, the gate was broken, camera surveillance was limited, there were no guards, and the lighting was limited. In the end, a six-million-dollar settlement was reached, which was the insurance policy limits of the property owner and the business in possession at the time.

Negligent security laws are more complex than common premises liability laws. Your legal standing may depend on several factors like why you were on the property and past criminal activity in the immediate area. Key evidence can be altered to hide negligent security, and other information can be wiped out or quickly disappear. That's why it's crucial to contact us today for a free case evaluation. We will work to ensure evidence is secured and your rights are protected. Nobody should suffer the consequences of negligent security without being fairly compensated. We can make that happen.