An insurer may refuse to pay a valid claim after a car accident, a competitor may interfere with your business, or a disagreement at a bar may escalate into a fight in which someone gets hurt. In any of these situations, a person or a small business has rights to assert against those who have failed to honor a contract or act with the proper care. Pensacola civil litigation lawyer Ryan M. Cardoso can help you untangle the details of what happened and aggressively represent your interests during a dispute.Contract Claims
A properly formed contract includes an agreement on all of the material terms of the deal. There is an offer of a good or service, an acceptance of the offer, and consideration, which means some payment in exchange for the good or service. Payment can be anything of value, such as money, a trade of another good, or the exchange of a service. Contracts may be written or oral, but oral contracts must be supported by proof of an agreement on all of the essential terms in order to be enforceable in court. Some contracts, such as contracts to buy real estate and contracts that cannot be performed within one year, must be in writing as required by the Florida Statute of Frauds.
In order to win a Florida case for a breach of contract, the plaintiff must demonstrate to the court that there was a valid contract, that the defendant violated a term of that contract, and that the plaintiff was harmed by the breach. If the defendant violated a material term of the contract, the plaintiff will be released from any obligation to the defendant under the contract. In the event that an oral or implied contract is not honored, meanwhile, you may be entitled to a range of equitable remedies. Contact a civil litigation attorney in Pensacola to evaluate your breach of contract case.Torts
A tort is a wrongful act, whether negligent or intentional, that causes an injury to someone else. Tort claims do not include actions based upon rights governed by a contract. Negligence is a common legal theory when there has been any type of accident, such as a motor vehicle collision, a slip and fall, or property damage.
Negligence is a failure to exercise the ordinary due care owed to other people, which causes them an unreasonable risk of harm. In order to bring a successful claim for negligence, a plaintiff must prove that the defendant owed the plaintiff a duty of due care, the defendant failed to use due care, the defendant's negligence was the proximate cause of the plaintiff's injury, and the plaintiff sustained damages.
Some torts are not based upon negligence but instead result from intentional wrongful conduct. In order to prove that the defendant committed an intentional tort, the plaintiff and their Pensacola civil litigation attorney must show that the defendant intentionally performed the act that caused the plaintiff's injury. Intentional torts include interference with contracts and business relationships, assault and battery, malicious prosecution, fraud, infliction of emotional distress, conversion, defamation, and statutory civil theft. Some examples of these types of cases involve ex-employees or contractors who take your customers, misrepresentations as inducements to sign a contract, unlawfully taking property, and the financial exploitation of senior citizens.Auto Accidents
Most auto accident cases are pursued as claims of negligence, with the plaintiff claiming that the defendant negligently caused the plaintiff's injuries. In Florida, if the jury decides that both drivers negligently contributed to causing the accident, they will analyze the level of fault of each party. This legal analysis is called pure comparative fault. For example, if the plaintiff is 20% at fault for the accident, their recovery will be limited to 80% of the damages established in the lawsuit.
Proving the elements of your claim and proving the damages incurred can be complicated. Many of the possible legal pitfalls can only be avoided by an adept attorney, so you should not go to court alone. An experienced trial lawyer can determine the merits of your claim and vigorously pursue your case.Contact a Civil Litigation Lawyer in Pensacola or Surrounding Communities
Your consultation with Attorney Ryan M. Cardoso is free. Call 850-466-2073 or request an appointment online today. Ryan M. Cardoso has successfully represented people and small businesses in Milton, West Pensacola, Navarre, Cantonment, Brent, Ferry Pass, Bellview, Century, Gulf Breeze, Jay, Beach, Niceville, Crestview, and Fort Walton, as well as other areas of Escambia, Santa Rosa, and Okaloosa Counties. He is also available to people who need a criminal defense attorney to help them fight charges related to assault, drug crimes, theft, and other offenses.