What is Negligence?

If you are injured through negligence of another, you are entitled to compensation from that person or that person's insurance company. Under Florida Law, negligence is the failure to act in a way that a reasonable person would act in the same or similar circumstances.  The key word is reasonable. A storeowner who  realizes there is something slippery that has been spilled onto the floor and still fails to clean that mess up within a reasonable time, would be negligent.  Again, the key word is reasonable.  A party claiming damages for negligence must demonstrate that he or she suffered an injury as a result of someone else's negligence.  If you have been injured and you are unsure whether your injury was caused by negligence, you should consult a lawyer specializing in these matters as soon as possible, and ask that lawyer to investigate your claim since Florida Law requires that you make your claim within a specified period of time.    

What is Mediation?

Mediation has been established in both the federal and state courts. Some courts uniformly order mediation in every case. In others, mediation is actually sought by one of the parties to the litigation as a means of attempting to settle the case without the expense of full pre-trial preparation and trial.

The purpose of mediation is to provide a means whereby the parties to the litigation and their attorneys (and if applicable, the insurance companies involved) can sit down and attempt to negotiate a reasonable settlement satisfactory to both parties. Although a high number of all cases which are filed ultimately are settled, often settlements occur only during the last days before trial. Additionally, delays involved in waiting to get to trial severely prejudice the plaintiff. Mediation often assists in an early resolution of litigation which saves both time and expense.