Personal Injury
Personal injury is a legal term for an injury to the body, mind or emotions, as opposed to an injury to property. The term is most commonly used to refer to a type of tort lawsuit alleging that an injury has been caused by the negligence of another. A tort is defined as an act (or failure to act) that causes harm for which the law provides a remedy. The basic principle of tort law is that injured persons, as victims of a tort, have the right to bring a claim or lawsuit against those responsible for their injuries to be compensated for their loss.
Florida law recognizes several types of torts, including those based on negligence or strict liability. Each of these torts has their own requirements for recovery. Since the majority of personal injury lawsuits in Florida are brought under a theory of negligence, it is important to understand the four essential elements required to proving negligence. The burden is on the party bringing the lawsuit (Plaintiff) to show that the at-fault party (Defendant) had: (1) a duty to conform to a certain standard of conduct to protect others against unreasonable risks; (2) Defendant breached that duty by failing to conform to the required standard of conduct; (3) Defendant’s breach was the proximate cause of the plaintiff's injury; and (4) Plaintiff suffered damages caused by the breach. Negligence applies to a number of areas including motor vehicle accidents, premises liability and wrongful death. There are also situations where the at-fault party is a government entity. Whether the city, county, state or federal government is to blame, the law dealing with government negligence claims is unique and distinct from general liability claims. For more information on claims against the government, please visit our governmental negligence page.
The other common type of tort is when a plaintiff brings a claim or lawsuit under the theory of strict liability. The legal concept of strict liability is liability without fault. This doctrine allows a tortfeasor (wrong-doer) to be held accountable for injuries caused to another even if he or she did not intend to do so. In other words, the injured party does not have to prove negligence in order to recover for his or her injuries. So long as the defendant’s actions were the proximate cause of the plaintiff's injury, the defendant is liable. The most common area for which strict liability applies is to owners of animals who are held to be strictly liable for any injuries their animals may cause when they bite or attack an individual. Often times, these claims are covered under a homeowner’s or property insurance policy.
Unfortunately, personal injury victims often sustain serious and catastrophic injuries that result in permanent disabilities or even death. They typically incur expenses related to the accident, such as medical treatment, rehabilitation, medication, or lost income due to their inability to work. They may also lose the ability to perform various activities of normal daily living, in both the short and long term, and may endure pain and suffering as a result of the accident. These victims may be entitled to compensation for these expenses.
Within days or possibly even hours of the accident,
you may be approached by a representative of the insurance
company and asked to make a statement, sign papers,
or accept a settlement offer. It is vital that you do
not talk to any insurance investigator, sign any papers,
or accept a settlement before getting the advice of
an experienced personal injury lawyer in order to protect
your right to fair compensation. Insurance companies
have a team of adjusters, investigators and attorneys
whose goal is to minimize the amount of money they pay
to accident victims. Many injuries caused by accidents
have long-term consequences they simply do not account
for. Contact
I Law and allow our experience to work for you.