Injury Lawyer Blog

Dated Feb, 11 2011

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Dated Feb, 11 2011

Lorem Ipsum is simply dummy

text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard.

>>Click here to read more

Dated Feb, 11 2011

Lorem Ipsum is simply dummy

text of the printing and typesetting industry. Lorem Ipsum has been the industry's standard.

>>Click here to read more

Florida Personal Injury

When a person is injured in an accident someone is often legally responsible. Personal injury is a branch of law that is designed to protect persons harmed by the careless or intentional actions of others. The personal injury legal system sets out the parameters for compensating victims who have been injured by such careless actions. An Experienced Florida Personal Injury Lawyer in this field will advance the costs and expenses necessary to successfully litigate these cases.

Personal injury law encompasses a broad range of claims, including wrongful death, motor vehicle accidents, slip and fall, defective products, work injuries, animal bites, and numerous others. A knowledgeable Florida Injury Attorney in the Personal Injury Claims subject will assist you to successfully litigate these cases.

To establish a personal injury claim the injured person must be able to demonstrate that another party has the legal responsibility for the injuries. To establish responsibility for the personal injuries, two factors must be proven: 1) liability (culpability), and 2) damages (losses). A skilled Florida Attorney in the Personal Injury Claims area will fight for you.

Liability: Liability in personal injury law is largely divided into three categories: intentional wrongs, negligence, and strict liability.

Damages: Depending on the circumstances of the case, an injured person can seek damages for physical injury, lost earnings, impairment of future earnings, lifestyle changes, loss of support to loved ones, property damage, and past, present and future medical care and expenses.

Who Is Responsible For Your Personal Injuries?

In order to pursue a personal injury claim, you must establish that someone is liable (or culpable) for your personal injuries. There are three broad areas of liability which allow an individual to pursue a personal injury claim: 1) intentional wrongs; 2) negligence, and 3) strict liability. Negligence is by far the most common basis for a personal injury action, but we will look at all three.

  1. Intentional Wrongs

    This type of personal injury requires an intention by someone to act in a way which results in harm to someone else. For example, if someone strikes you, even as a practical joke, that person could be liable for a battery. In many instances of intentional wrongs, the personal injury victim may pursue a civil personal injury lawsuit in addition to criminal charges. Victims of domestic or sexual abuse, for instance, may file both a civil lawsuit and a criminal complaint claim with the police.

  2. Negligence

    Under the law of negligence, a person is liable for your personal injuries if he was careless in causing your injuries. Persons who act negligently do not intend to cause injury. Their liability is a result of careless or thoughtless action. The test of whether a person has acted negligently includes asking how a reasonable person would have acted in the same situation.

    In the case of individuals with specialized training or knowledge, such as doctors, lawyers, engineers, pilots, etc., their standard of conduct is compared to how a reasonable person in those fields or professions would act. This type of negligence is covered by a special area of law called "malpractice." An Experienced Florida Lawyer in this topic will fight and fight and fight for you.

  3. Strict Liability

    Under the strict liability theory of personal injury, the defendant can be held responsible for your personal injuries and damages without regard as to whether he was careless. This means that you do not have to show that the defendant was negligent for your personal injuries for you to recover. This doctrine of "liability without fault" is usually applied to the following types of personal injury cases:

    • Animals. Originally, strict liability applied to cases such as damage to property from trespassing livestock or injury caused by wild animals, even if their owners or keepers exercised the utmost care. Currently, the most common example in this category are personal injuries caused from dog attacks
    • Abnormally dangerous activities. If the nature of an activity is extremely dangerous, persons who engage in that activity can be strictly liable if someone is injured as a result of that dangerous activity, even if they exercised reasonable care. Some examples include storage of explosives or flammable liquids, crop dusting or fumigation, and maintaining a hazardous waste site.
    • Products liability. The most prevalent strict liability cases are those involving defective products. Under the strict liability theory of personal injury law a manufacturer or seller can be held liable for placing a defective product in the hands of a consumer. When a defective product causes personal injury there are several potential responsible parties. These include: the manufacturer of the product, or the manufacturer of a component part of the product, the wholesaler, the retail store that sold the product to the customer, and anyone who assembled or installed the product.
    • The concept of negligence in a personal injury action is not limited to an individual's action. Small businesses, organizations, companies, partnerships, and even large corporations can all be liable if they have breached their duty of care and caused personal injury or other damages to someone. This is especially true in cases of defective products. Other types of responsible parties include the following:
    • Employers. Employers can usually be held responsible for the negligent acts of its employees. However, an employer can only be liable for personal injury damages if the wrongful actions of the employee occurred while the employee was working and the actions were within the scope of his duties.
    • Government entities. Often, an accident occurs on public property. In such cases a government entity may be a responsible party. For example, your child could be injured on city playground equipment that was poorly maintained, or you could have an automobile accident that was caused by a state employee driving a state-owned vehicle. If your personal injury claim is against a federal, state, local government, or an employee of a government entity, there are government guidelines, including deadlines which must be strictly followed.
    • Property owners. Property owners also may be liable for injuries in a personal injury lawsuit. If you are injured in an accident that is caused by a dangerous condition on someone's land, the property owner could be liable for being careless in maintaining the property, even if the owner did not create the dangerous condition.

A professional Florida Personal Injury Attorney in this field will advance the costs and expenses necessary to successfully take legal action for you.

What Kind Of Compensation Can I Recover In My Personal Injury Claim?

If you have been the victim of an accident and have been injured, you have a right to be compensated for your losses. There are two main types of personal injury damages: 1) compensatory or actual damages, and 2) punitive damages. Punitive damages are discretionary and are usually awarded to a victim in addition to actual damages when the defendant's conduct has been especially malicious or egregious. Punitive damages are intended to punish the defendant for his or her reprehensible conduct and to act as a deterrent to prevent the defendant and others from acting the same way. An Experienced Florida Attorney in this field will advance the costs and expenses necessary to successfully litigate these cases.

Compensatory or actual damages are intended to cover all the expenses and aliments caused by the personal injury. Your family members may also be entitled to recover if your injuries in certain circumstances. Damage awards can include the following:

  • Medical expenses. This includes bills and expenses for services from doctors, hospitals, ambulance fees, medication, and services from nurses or other health care providers related to your injury.
  • Pain and suffering. This is an award to compensate you for past and future physical pain caused by your accident.
  • Lost wages. This award represents the amount of money you would have earned from the time of the injury to the final judgment or settlement.
  • Impairment of earning capacity. If the injuries from your accident have reduced your ability to earn money in the future, compensation can be awarded for that loss.
  • Future medical expenses. This applies to continued medical care needed as a result of your accident or injury.
  • Mental anguish. This type of damage applies to certain circumstances of mental suffering or emotional distress, including mental suffering from disfigurement, or witnessing the death or catastrophic injury of a loved one.
  • Loss of consortium. These damages apply to the deprivation of the benefits of married life after an accident or injury, including companionship, affection, comfort, or sexual relations between spouses. Usually the spouse of the injured person is the party who makes these claims.
  • Loss of society and companionship. This is a damage that may be awarded in wrongful death cases to immediate family members of the deceased for the loss of love, comfort, and companionship they would have enjoyed if the deceased had lived.
  • Property damage. An award for expenses related to property damaged in an accident, such as a wrecked vehicle.

Our ONLY objective is to seek justice for people harmed by negligence and wrongdoing. We fight and fight and fight for YOU!

If you or a loved one have been injured and need to talk to a seasoned team of professionals, please contact us immediately for a free consultation.

Our Personal Injury Attorney team stands behind our clients and we go the extra mile to ensure they get the results, the personal attention, and the legal representation they need and deserve. We never charge you a fee unless we settle or win your case.

Our Personal Injury Attorney team understands how much your future depends on the outcome of your case. We will fight for you and help you recover the maximum compensation available.

We are committed to successfully concluding EVERY case that we take.

Contact us NOW to see how we can help you.

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