A common misunderstanding in the legal arena of personal injury and civil suits is that malpractice cases are limited to the scope of the medical field. In fact, any situation involving a professional making a contract with someone seeking his or her services that result in damages caused by the professional acting negligently may be grounds for a professional malpractice case.
Professional malpractice cases are complicated, require a lot of research, and, depending on the type of professional, have a higher chance of going to trial where juries tend to favor the defendant. However, that doesn't mean that damages can't be won by a competent attorney. If you suffered injury or other damages due to professional negligence, don't attempt a lawsuit alone. An experienced professional malpractice attorney will take the stress of investigating off your shoulders and could improve your chances at a better settlement through various strategies.
The legal team at The Law Offices of James B. Coulter are passionate personal injury and civil suit attorney with over two decades of legal experience. If you believe you are the victim of professional malpractice in Brevard County or the surrounding counties of Orange, Seminole, Indian River, or Osceola we may be able to get you the compensation you deserve. For a free case evaluation of your professional negligence case call (321) 586-9944 or submit our online contact form today.
The premise of heightened duty with regards to professional liability is simple. If a person is an educated and/or licensed professional, he or she is expected to meet the average standard of service for his or her chosen occupation. In other words, if you were to take this professional and compare their actions and service to another professional of the same type in good standing in a similar community, the standard of care should be the same. If the standard of service provided is below the standard of generally accepted service in the occupation and you suffered an injury or damages as a result, you could be entitled to compensation.
As stated before, the most commonly understood form of professional negligence is medical malpractice, with legal malpractice not falling too far behind. However, there are many examples of professional malpractice in a variety of fields, like:
If you have suffered damages or injury as a result of any of these circumstances of malpractice or of one that is not listed, a Florida personal injury attorney will be able to help you conduct a thorough investigation and determine if you have a case for compensation.
There are several steps involved in obtaining damages from a professional negligence lawsuit. First, the plaintiff must establish what the duty and general standard of care for the defendant's profession, and then that the defendant violated that standard of service. This usually involves the testimony of one or more experts in the field and a detailed investigation into the defendant's history, licensing, and any actions that lead to the lawsuit.
After that, the plaintiff must establish that the defendant's actions or inactions were one of the causes of the injuries and/or damages to the plaintiff. Once causation is proven, the amount of damages comes under question. These proofs usually require an extensive investigation into the plaintiff's medical and/or financial records and the formation of a strong case for the judge or jury.
Plaintiff's responsibility of proving standard of care, negligence, causation, and damages is often an overwhelming and tedious process. An experienced Brevard County professional negligence lawyer can take the stress away by handling the investigations and proofs for you.
Proving professional negligence and obtaining compensation is a complicated process that may be better handled by a lawyer, depending on your case. If you have suffered injury or damages from any kind of professional negligence in the Melbourne area, including Palm Bay, Viera, Cocoa Beach, Merritt Islands, Titusville, and Cape Canaveral contact the experienced legal team at The Law Offices of James B. Coulter. Your first consultation is free, so call (321) 586-9944 or submit our online contact form today.