Litigation Law Firm in South Florida
The Law Office of John P. Goshgarian, P.A. is a litigation law firm in South Florida. We offer comprehensive legal services tailored to meet the needs of individuals and businesses. With a profound commitment to justice and a deep understanding of the law, our firm stands ready to advocate on your behalf.
Compassionate Legal Support for Wrongful Death Claims
A “Wrongful Death” claims a term derived from the “Florida Wrongful Death Act.” See Fla. Stat. 768.16 et seq. When the death of a person is caused by the wrongful act, negligence, or other conduct, the act establishes a legal means for the “survivors” of the decedent and the decedent’s estate to seek compensation for the wrongful death in a court of law. Wrongful Death claims arise under many circumstances including motor vehicle accidents, product liability, aviation and boating accidents, premises liability, negligent security/criminal conduct, civil rights abuses, and simple negligence. Generally, these claims must be brought within two (2) years after the death. Thus, it is important to seek legal counsel as soon as possible to ensure an extensive and timely investigation is conducted by an attorney and retained experts.
JP Goshgarian has experience in Wrongful Death claims that require the utmost attention and forceful prosecution, while at the same time guiding the family/survivors with compassion and support. Contact JP Goshgarian for an immediate appointment and counsel.
Navigating Motor Vehicle Accident Claims
As a native South Floridian, I know how hazardous driving can be in our communities. In a word — Crazy! A few pointers:
First and foremost, all vehicle occupants should wear their seatbelts. Protect your family. Further, if you are hurt in a motor vehicle accident (MVA), your failure to wear your seatbelt may preclude or diminish you from being compensated for your injuries.
Second, no texting while driving! Goshgarian Law has represented individuals and families who have suffered significant injury or have lost a loved one because of this negligent and avoidable conduct. Pull over or let it wait!
Third, to our motorcycle friends, while not legally required of over age 21, wearing a helmet while cruising in South Florida only makes sense to avoid traumatic head/brain injury.
Lastly, lookout pedestrians! Walking the streets of South Florida can also be dangerous. Look both ways (especially for quiet electric vehicles) and use crosswalks. Pedestrian/MVA can obviously result in serious injury.
If you are injured in an MVA, seek medical care as soon as possible. If able, take photographs and identify any witnesses. Physical evidence needs to be preserved. These tasks, and more sophisticated investigatory action are also undertaken by my office or a retained accident reconstructionist. These initial steps will assist in proving your case and in obtaining just compensation.
Safe Driving Advocacy
As we represent victims of motor vehicle accidents, we are not just your legal advocates but also champions for driving safety. Remembering simple but crucial behaviors such as wearing seatbelts, refraining from texting, and wearing helmets can be lifesaving. Not wearing a seatbelt in a car accident could potentially reduce or prevent injured parties from receiving compensation for their injuries. If you face the aftermath of an accident, we are here to handle the legal complexities, allowing you to focus on recovery.
Florida Premises Liability Law: Protecting Visitors’ Safety
Under Florida’s premises liability law, property owners bear a crucial responsibility to ensure their premises are safe for all visitors. This legal requirement aims to prevent injuries due to unsafe conditions, safeguard guests, and ensure property owners are accountable for the state of their premises.
Understanding Duty of Care
The cornerstone of premises liability is the property owner’s duty of care. This duty obligates proprietors to maintain their property in a condition that is reasonably safe and free from hazards. The extent of this duty varies depending on the visitor’s legal status—highlighting the importance of understanding these nuances in premises liability cases.
Proving Negligence in Premises Liability
For a premises liability claim to be successful, the injured party must demonstrate negligence through the following elements:
- Duty: The defendant owed the injured party a legal duty of care to avoid injuring them.
- Breach of Duty: The property owner breaches is duty when it fails to detect unsafe conditions, and repairs those conditions.
- Causation: The property owners negligence’s must proximately cause your conditions
- Damages: The injury must led to damages.
Navigating Negligence and Intentional Torts in Personal Injury Cases
Distinguishing between negligence and intentional torts is pivotal in personal injury litigation. In Florida, negligence is characterized by a lack of reasonable care in one’s actions or omissions, potentially harming others. This concept is fundamental to various personal injury scenarios, ranging from car accidents to slip and falls and medical malpractice.
Key Elements of Negligence
To establish a valid personal injury claim in Florida, the injured party must prove all four elements of negligence:
- Duty of care: The defendant owed the injured party a legal duty of care to avoid injuring them.
- Breach of duty: The defendant breached this duty.
- Causation: The breach directly caused the injured party’s injuries.
- Damages: The injured party suffered damages as a result.
Some examples of negligence include:
- Texting while driving
- Driving while impaired
- Speeding excessively
- Failing to diagnose a disease
- Leaving a tool inside a patient’s body after surgery
- Failing to fix a known hazard
Understanding Intentional Torts
An intentional tort is a civil wrong that occurs when a defendant intentionally acts or omits to act in a way that results in harm to another person. Intentional torts are wrongs that the defendant knew or should have known would result from their actions. Common intentional torts include assault, battery, false imprisonment, defamation, trespass, and intentional infliction of emotional distress. Some intentional torts may result in punitive damages if the defendant’s actions were particularly egregious.
If you or someone you know has been injured by an intentional tort, you can consult with J.P. Goshgarian to see if you can recover damages.
Commercial Litigation Services
Contracts serve as the backbone for countless business transactions and agreements. Yet, navigating the intricacies of contract law poses a significant challenge due to its complex and multifaceted nature. The Law Office of John P. Goshgarian, P.A., brings clarity to these complexities, ensuring that your business interests are protected and advanced.
Simplifying Contract Law for Your Business
Contract law, with its blend of historical legal principles and modern-day stipulations, often leaves even the most seasoned professionals seeking clarity. Questions like, “Do we have a valid contract, whether written or oral?” “What do specific legal provisions within the contract mean?” and “How do I address a contract breach effectively?” are common and require professional insight.
Proactive Contract Review and Dispute Resolution
We offer a comprehensive approach to managing contracts—from meticulous pre-execution reviews aimed at safeguarding your interests during a performance to assertive enforcement of your rights in the event of a breach. Our firms experience extends beyond mere legal knowledge, encompassing a deep understanding of transaction details, business functionality, goals, and the significance of maintaining healthy professional relationships.
Solving Complex Business Challenges
Business challenges such as a breach of contract, deceptive and unfair practices, fraud, or being the subject of governmental action can abruptly disrupt your operations and strategic objectives. These moments necessitate legal counsel and a partner who thoroughly understands the stakes. Our law office is committed to navigating these challenges, drawing on a rich background in commercial litigation to deliver results-oriented solutions.
Schedule Your Free Consultation Today
Contact us today for a complimentary consultation and take the decisive step toward safeguarding your interests and pursuing recovery. Let us navigate the legal complexities on your behalf, transforming challenges into opportunities for justice and growth.