Fort Lauderdale Negligence Claims Attorney — Proving Fault and Recovering Full Compensation
Negligence is the legal foundation of nearly every personal injury case in Florida. When someone fails to act with reasonable care and that failure causes you harm, the law calls it negligence — and it gives you the right to seek compensation. I’m Eric J. Goldman, and I represent negligence victims throughout Fort Lauderdale, Broward County, and South Florida. Whether your injuries stem from a car accident, a medical mistake, a dangerous property condition, or any other act of carelessness, I build cases that prove fault and maximize the compensation my clients receive.
Call me at (954) 536-7557 for a free consultation. I’ll assess your situation and tell you exactly where you stand.
The Four Elements of Negligence Under Florida Law
To prevail in a negligence claim in Florida, I must prove four elements on your behalf. Each one is essential — if any element is missing, the claim fails:
- Duty of care — The defendant owed you a legal obligation to act with reasonable care under the circumstances. For example, every driver on Fort Lauderdale’s roads owes a duty to operate their vehicle safely. Every business owner owes a duty to maintain safe premises for customers.
- Breach of duty — The defendant failed to meet the standard of care. This is the “negligent” act — running a red light, ignoring a spill on the floor, performing surgery below accepted medical standards, or any other failure to act as a reasonable person would under similar circumstances.
- Causation — The defendant’s breach of duty directly caused your injuries. Florida law requires both “cause in fact” (but for the defendant’s actions, you would not have been injured) and “proximate cause” (your injuries were a foreseeable result of the defendant’s conduct).
- Damages — You suffered actual, quantifiable harm as a result. This includes medical bills, lost wages, pain and suffering, and other compensable losses.
Each of these elements must be proven by a “preponderance of the evidence” — meaning it is more likely than not that the defendant’s negligence caused your injuries. I build every case with meticulous documentation, expert testimony, and persuasive factual narratives designed to meet this burden convincingly.
Florida’s Modified Comparative Negligence System
One of the most significant changes in recent Florida personal injury law came with the 2023 tort reform legislation, which modified the state’s comparative negligence framework. Under Florida Statute 768.81, Florida now follows a modified comparative negligence system with a 51% bar.
Here’s what this means for your case:
- If you are found to be 50% or less at fault for your injuries, you can still recover damages. However, your total compensation is reduced by your percentage of fault.
- If you are found to be 51% or more at fault, you are completely barred from recovering any damages.
This is a significant change from Florida’s previous “pure” comparative negligence system, which allowed injured parties to recover some damages even if they were 99% at fault. Under the current law, the determination of fault percentages is critically important. Insurance companies and defense attorneys will aggressively try to shift blame onto you to push your fault percentage above the 50% threshold. My job is to prevent that from happening by building an airtight case that places responsibility squarely on the negligent party.
How Comparative Negligence Works in Practice
Consider a real-world example: you’re driving through the intersection of Broward Boulevard and Andrews Avenue in Fort Lauderdale when another driver runs a red light and strikes your vehicle. However, evidence suggests you were driving 10 miles per hour over the speed limit. A jury might find the other driver 85% at fault and you 15% at fault. If your total damages are $200,000, your recovery would be reduced by 15% to $170,000. This is a fair outcome — you still recover substantial compensation despite bearing some responsibility.
Types of Negligence Claims I Handle
Negligence is a broad legal concept that applies across many types of cases. My Fort Lauderdale negligence practice includes:
- Auto accident negligence — Distracted driving, speeding, DUI, failure to yield, and other traffic violations that cause crashes on Broward County roads.
- Medical negligence — Surgical errors, misdiagnosis, medication mistakes, and other failures by healthcare providers to meet the accepted standard of care.
- Professional negligence — Mistakes by accountants, architects, engineers, and other professionals that cause financial or physical harm.
- Employer negligence — Unsafe working conditions, inadequate training, and failure to comply with safety regulations.
- Product liability negligence — Manufacturers and sellers who release defective or dangerous products into the market.
- Negligent supervision — Schools, daycare facilities, and other organizations that fail to properly supervise those in their care.
Types of Damages Available in Florida Negligence Cases
If I prove that the defendant’s negligence caused your injuries, Florida law allows you to recover several categories of damages:
Economic Damages
These are your quantifiable financial losses, including past and future medical expenses, lost wages, diminished earning capacity, property damage, and other out-of-pocket costs directly caused by your injury.
Non-Economic Damages
These compensate you for losses that are real but harder to put a dollar figure on, including physical pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium (the impact on your relationship with your spouse), and inconvenience.
Punitive Damages
In rare cases involving intentional misconduct or gross negligence, Florida law permits punitive damages designed to punish the wrongdoer and deter similar conduct. Under Florida Statute 768.73, punitive damages are generally capped at three times the amount of compensatory damages or $500,000, whichever is greater.
Frequently Asked Questions
What is the difference between negligence and intentional harm?
Negligence involves a failure to exercise reasonable care — the person didn’t intend to hurt you, but their carelessness caused your injury. Intentional harm, or intentional tort, means the person deliberately caused your injury. Different legal standards, insurance coverage rules, and damage calculations apply to each. Most personal injury cases in Florida are based on negligence.
How does Florida’s 2023 tort reform affect my negligence case?
The 2023 tort reform made several significant changes to Florida negligence law. The most impactful change was shifting from a pure comparative negligence system to a modified comparative negligence system under Florida Statute 768.81. If you are found more than 50% at fault, you cannot recover damages. The reform also reduced the general statute of limitations for negligence claims and made changes to how bad faith insurance claims are handled.
What is the statute of limitations for a negligence claim in Florida?
Under Florida Statute 95.11, the statute of limitations for most negligence-based personal injury claims is four years from the date of injury. For medical malpractice, the timeframe is generally two years from the date the injury was discovered or should have been discovered, with an overall cap. Missing these deadlines typically means losing your right to sue entirely.
Can I recover damages if I was partially at fault?
Yes, as long as your fault does not exceed 50%. Under Florida’s modified comparative negligence system, your damages are reduced by your percentage of fault. If you’re 30% responsible and your damages total $150,000, you’d recover $105,000. But if you’re 51% or more at fault, you recover nothing.
Do I need an attorney for a negligence claim, or can I handle it myself?
While you have the legal right to represent yourself, negligence claims involve complex legal and evidentiary issues — proving breach of duty, establishing causation, calculating damages, and defeating comparative fault defenses. Insurance companies have teams of lawyers and adjusters working to minimize your payout. Having an experienced attorney levels the playing field and, in my experience, consistently leads to significantly higher recoveries.
Speak with a Fort Lauderdale Negligence Attorney Today
If you’ve been injured due to someone else’s negligence in Fort Lauderdale, Broward County, or South Florida, I want to hear your story. As a dedicated personal injury attorney, I handle all types of negligence claims, from auto accidents to complex professional liability cases. Call Eric J. Goldman, P.A. at (954) 536-7557 for a free, no-obligation consultation. I’ll review your case, explain your legal rights, and fight to get you the compensation you deserve.