Personal Injury, Work Comp, & Social Security Disability Legal Terms
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negligence. In its broadest sense, carelessness. More precisely, conduct which falls below the standard of care established by law for the protection of others against unreasonable risks of harm. In order to prevail in a negligence action, the plaintiff must prove, by a preponderance of the evidence , the following four elements: (1) that the defendant owed the plaintiff a duty of care; (2) that the defendant breached that duty; (3) that the defendant's breach of his or her duty of care caused the plaintiff's injury; (4) that the plaintiff suffered injury.
negligence per se. Conduct, either by act or omission, that may be declared and treated as negligence without argument or proof of negligence, usually because the conduct violates a statute. A finding of negligence per se satisfies the plaintiff's burden of proof that the defendant's conduct was negligent. However, the burden remains on the plaintiff to establish that his injuries were proximately caused by the statutory violation.
nisi decree. Interim decree or order that will eventually become final unless something changes or an event takes place.
nonfeasance. Failure to perform some act which should have been performed.
non-jury trial or bench trial. Trial before a judge and without a jury. In a bench trial, the judge decides questions of law and questions of fact.
non-moving party. The party to a lawsuit that is not presenting a motion to the court. A non-moving party may or may not contest or oppose the motion. Compare with moving party.
Get free online legal advice from Florida personal injury lawyer Robert Fenstersheib.
Personal Injury Attorney Robert J. Fenstersheib handles accident cases, personal injury lawsuits, breast implant settlements, slip and fall lawsuits in the following South Florida cities: |
Broward County |
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- Coconut Creek
- Cooper City
- Coral Springs
- Dania Beach
- Davie
- Deerfield Beach
- Fort Lauderdale
- Hallandale Beach
- Hillsboro Beach
- Hollywood
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- Lauderdale Lakes
- Lauderdale-By-The-Sea
- Lauderhill
- Lighthouse Point
- Margate
- Miramar
- North Lauderdale
- Oakland Park
- Parkland
- Pembroke Park
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- Pembroke Pines
- Plantation
- Pompano Beach
- Port Everglades
- Sea Ranch Lakes
- Southwest Ranches
- Sunrise
- Tamarac
- Weston
- Wilton Manors
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Dade County |
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- Aventura
- Bal Harbour
- Bay Harbor Islands
- Biscayne Park
- Coral Gables
- Doral
- El Portal
- Florida City
- Golden Beach
- Hialeah
- Hialeah Gardens
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- Homestead
- Indian Creek Village
- Islandia
- Key Biscayne
- Medley
- Miami
- Miami Beach
- Miami Gardens
- Miami Shores Village
- Miami Springs
- North Bay Village
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- North Miami
- North Miami Beach
- Opa-Locka
- Pinecrest
- South Miami
- Sunny Isles Beach
- Surfside
- Sweetwater
- Virginia Gardens
- West Miami
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