Property damage claims can be complex and may require the assistance of a lawyer. You may wish to hire an personal injury attorney in your area if you need any type of guidance or representation for a lawsuit. Your attorney can provide research and advice throughout the duration of the process.
We understand that you wish to make a claim against FPL for a loss. In order to evaluate your claim, we need you to provide certain information about your claim. This website will provide you with instructions on how to begin the processing of your claim.
1 Common Claims Against Lawyers. Lawsuits against lawyers usually fall under three categories: negligence, breach of contract, and breach of fiduciary duty. 2 Challenges of Proving a Legal Malpractice Case. Most legal malpractice cases are based on negligence. ... 3 Before You Sue. ... 4 Hiring a Legal Malpractice Lawyer. ...
At Patrick Malone & Associates, our legal malpractice lawyers understand how devastating legal malpractice can be to your case. As experienced malpractice lawyers, we have represented individuals and small businesses in the Washington, DC metro area, Virginia, and throughout the State of Maryland.
To hold a person for negligence resulting in property damage, it is usually necessary to prove that the person had a duty of care to the other party, and that they disregarded that duty. The acts must also result in damage to the property that can be quantified.
Jose (Jay) is a Senior Staff writer and team Editor for LegalMatch. He has been with LegalMatch since March of 2010. He contributes to the law library section of the company website by writing on a wide range of legal topics.
Property damage can result from many types of accidents and incidents. Some legal claims may involve injuries to a person’s body, as well as damage or destruction to their property. Some common forms of property damage include: Damage to a car from a car crash or accident. Burned walls, ceilings, or other parts of a home from a fire accident.
The property damage is usually factored into the compensatory damages award, which is intended to reimburse the plaintiff for losses caused by the other party’s actions. The amount of damages awarded can depend on several factors, including: The severity of the damage to the property.
In order to prove legal malpractice, your new attorney must show four elements of the case. The first is that your original attorney owed you a duty of care to act properly in your case. There is usually a contract or agreement between a client and attorney which affirms this duty of care. Secondly, it must be shown that your original attorney breached this duty of care. The attorney may have failed to do what he or she agreed to do, was negligent, or made a mistake that another attorney in a similar situation would not have done. Third, the attorney’s conduct must have caused you damage, and finally, you must have suffered financial losses as a result of your attorney’s actions (or inaction).
Call us at 1-202-742-1500 or 1-888-625-6635 or fill out our confidential contact form for a FREE Consultation and review of your case. PLEASE NOTE: The Patrick Malone law firm cannot help you with a claim against an attorney in the fields of criminal law, family law (including divorce, alimony, custody, parental rights), immigration, or employment. ...
Legal malpractice cases are two cases in one. You must prove that your attorney exhibited negligence while handling your case, and if that negligence had not occurred, you would have received a more favorable outcome, settlement, or judgment than you did. Substantial levels of re-litigation of the original case are often necessary in order ...
Even when the attorney in your original case made a serious error, a jury may feel you would have lost the case no matter what. Many legal malpractice cases arise from a situation in which the attorney recovered some money for his or her client, but the client believes they would have received more but for the attorney’s negligence.
You can finally show your attorney’s misconduct harmed you financially, in that you were unable to recover a settlement from the restaurant. In this instance, you may have a good chance of being successful with a legal malpractice case.
You can prove your attorney owed you a duty of care with the representation agreement you signed. You can prove your attorney failed, through negligence, to file your case in a timely manner. With witness statements and a medical expert you can prove the wet floor caused you significant loss.
While legal malpractice cases can be complex, in some cases filing a malpractice suit against a lawyer who exhibited negligence in your case may be your only recourse. The legal malpractice may be obvious, such as a missed deadline or statute of limitations. Other times, the issue may fall in the “gray” area regarding whether legal malpractice ...
FPL represented by Alvin Davis from Squire, Sanders & Dempsey LLP argued that the court lacked subject matter jurisdiction because the Public Service Commission (“PSC”) has exclusive jurisdiction over FPL’s service, and that the customers failed to state a claim for relief.
FPL’s failure to perform its contractual obligations to take preventative measures prior to Hurricane Irma and gross negligence to take proper measures to restore power as expeditiously as possible, resulted in unnecessary hazards to the state’s citizens.
FPL customers are demanding justice after FPL billed them a monthly “storm charge” to prevent power disruption as a result of storms and to provide efficient restoration of services. Instead of providing customers what they paid for, FPL failed to take preventative measures prior to Hurricane Irma.
The Court, however, ruled that the customers did, in fact, have standing to pursue class claims in the circuit court, and that the customers had sufficiently plead breach of contract and gross negligence claims. Therefore, the Court denied FPL’s motion to dismiss in all respects, and the case will proceed.
If You Fire Your Lawyer Before the Case Is Over. If you switch lawyers or decide to represent yourself, your original lawyer will have a lien for fees and expenses incurred on the case prior to the switch, and may be able to sue both you (the former client) as well as the personal injury defendant for failing to protect and honor ...
In the majority of cases, a personal injury lawyer will receive 33 percent (or one third) of any settlement or award. For example, if you receive a settlement offer of $30,000 from the at fault party's insurance company, you will receive $20,000 and your lawyer will receive $10,000.
Many lawyers will draw up a fee agreement in which the contingency fee percentage varies depending on the stage at which the case is resolved. This is often called a "sliding scale.". For example, your lawyer might send a demand letter to the other side fairly early on. If you have a good case, the other side might make a counteroffer, ...
This ensures that your lawyer will get paid for his or her services. Many personal injury lawyers only take contingency cases and, therefore, risk not getting paid if they do not receive the settlement check. The lawyer will contact you when he or she receives ...
Most personal injury lawyers will cover case costs and expenses as they come up , and then deduct them from your share of the settlement or court award. It's rare for a personal injury lawyer to charge a client for costs and expenses as they become due.
It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds for a negligence suit if your lawyer missed an important deadline, failed to prepare for trial, or failed to follow court orders. Breach of contract. Breach of contract occurs when a lawyer violates ...
Lawsuits against lawyers usually fall under three categories: negligence, breach of contract, and breach of fiduciary duty . Negligence. Negligence is the most common grounds for a malpractice lawsuit. It happens when your attorney fails to use the skill and care normally expected of a competent attorney. For example, you might have grounds ...
Breach of fiduciary duty. Lawyers owe certain fiduciary duties to their clients, such as the duty of loyalty and duty of confidentiality. Your lawyer must act in your best interests and must keep your communications confidential.
If your lawyer isn’t communicating with you or listening to your wishes, this might get his or her attention. In some cases, the board might order the lawyer to compensate you for a clear financial loss —for example, if your lawyer took fund from your client account.
However, it’s not malpractice unless your lawyer fell below the standard of care. The third element is perhaps the most difficult to prove. It’s not enough that your lawyer breached his or her duty.
If your lawyer agreed to represent you in a case or provide other legal services, your lawyer owes you a duty of care. The second element is more difficult to prove. It is not enough to show that your lawyer made a mistake or that you lost your case.
You’re free to switch lawyers at any time, except in rare cases. (For example, a judge might not let you switch lawyers on the eve of trial because it would cause unreasonably delays.) Report the lawyer to your state’s disciplinary board. Every state has a board that disciplines lawyers for ethical violations.
Court recovered compensation, is paid by the person or a company -- who is found to be responsible for the incident, or by their insurance company. In the great majority of civil lawsuits, the amount that is paid out is a negotiated settlement. That is, the plaintiff and defendant, working with their attorneys, ...
There are three common types of damages awarded in a civil tort or wrongful death case: economic, non-economic and punitive ( Harvard Law ).
Comparative negligence is a standard that comes into play when the plaintiff is partially at fault in an accident , and is used in the majority of states.
Generally, economic damages are known as special damages, while non-economic damages are referred to as general damages. The types of damages that may be awarded in any specific case depend on the laws of the state, the circumstances surrounding the injury or wrongful death, and the judgment of the judge or jury.
3 Types of Damages Explained 1 Perhaps the most common of all types of damages is compensation to cover the cost of medical treatment stemming from the accident. Even with minor injuries, medical bills from testing and emergency department treatment can quickly add up. When injuries are severe, they often require extensive hospital stays, surgical treatment, critical care, and extended rehabilitation periods. If the injury leads to a permanent disability, the injured party may need ongoing treatment, special adaptive devices and lifelong nursing care. 2 Determining damages to cover medical costs, the plaintiff's attorney will collect documentation of every expense related to the accident, and may use medical experts to predict the cost of future needs.
This compensation is the legal right of anyone who has suffered monetary losses or injury due to another person's actions. Any type of financial award won by a plaintiffs personal injury attorney, handed down from a judge or jury in a lawsuit, will be called compensation.
Perhaps the most common of all types of damages is compensation to cover the cost of medical treatment stemming from the accident. Even with minor injuries, medical bills from testing and emergency department treatment can quickly add up. When injuries are severe, they often require extensive hospital stays, surgical treatment, critical care, and extended rehabilitation periods. If the injury leads to a permanent disability, the injured party may need ongoing treatment, special adaptive devices and lifelong nursing care.
Mechanic repair lawsuits refer to a large umbrella of cases that involve issues regarding vehicle repairs and mechanics or automobile repair shops. For example, a car owner may sue a mechanic for performing unauthorized or unnecessary repairs, providing false or misleading payment estimates, or for breach of warranty.
An automotive lawyer may also reach out to the repair shop and/or mechanic on a vehicle owner’s behalf before filing a claim. By opening communication lines, the lawyer may be able to persuade the repair shop to either fix the damage or to settle out of court, so no one has to experience the added stress of a trial.
The majority of states also have regulations (known as “garage keeper liability laws”) that protect both the vehicle and the items that are attached to the vehicle. For instance, a mechanic may be held liable if a vehicle’s tires, stereo system, or other car parts are stolen.
The vehicle owner will also have to prove that the misdiagnosis was foreseeable, the mechanic’s carelessness caused the property damage, and that the damage done to the car is quantifiable.
Each state has its own set of auto repair laws that go by various names, but are primarily enacted for the purposes of protecting the average consumer. For instance, many states have laws that address unfair and deceptive practices in car repairs.
Savvy businesses strive to keep their customers happy, so oftentimes a mechanic will repair the problem that they caused for free. If the mechanic and/or repair shop refuses to or cannot fix the damage done, then the vehicle owner should consider taking legal action.
Thus, a mechanic shop will generally be liable for a stolen vehicle or for the loss of items attached to a person’s vehicle. A mechanic typically will not, however, be responsible for the theft of any personal property that was stored in a vehicle, such as laptops, cell phone chargers, or expensive sunglasses.