WHAT IS YOUR CASE ABOUT?
A personal injury case deals with a person that has suffered injuries caused by another person, company, government agency, or other entity. LEARN MORE HERE
Business and/or Legal scenarios require making informed decisions. LEARN MORE HERE
Criminal cases involve defending a person charged with a crime that may result in a fine, incarceration, or both. LEARN MORE HERE
An insurance claim is the formal process when a policyholder asks their insurance company to extend coverage to cover the costs of an incident. LEARN MORE HERE
Personal injury law deals with torts.
What is a tort? A tort is a harmful act or a failure to act wherein Florida law provides the personal injury victim (Plaintiff) the right to seek compensation for the damages the tortfeasor (Defendant/Wrongdoer) caused.
There are three (3) theories of tort liability (included are sample type cases for each area):
1. Intentional Act: An intentional tort can be committed against either a person or property. Battery, Assault, False Imprisonment, Intentional Infliction of Emotional Distress, Defamation, Invasion of Right to Privacy, Misrepresentation, Trespass to Land, Trespass to Chattels, Conversion of Chattels.
2. Negligence: Car Accidents, Slip and Fall Accidents, Work Accidents, Wrongful Death Accidents, Pedestrian Accidents, Bicycle Accidents, Drunk Driving Accidents, Brain Injuries, Negligent Infliction of Emotional Distress, Negligent Security, Negligent Prescription, Medical Malpractice, Sovereign Immunity (Governmental Torts).
3. Strict Liability: Products Liability, Dog Bite.
Each theory of liability is different and thereby requires different elements that must be shown in order to establish a prima facie case. In other words, the theory of liability chosen will depend on the facts of each case. Moreover, the personal injury victim carries the legal burden at trial to prove each element by a “preponderance of the evidence”. This is a lower standard of proof when compared to a criminal trial wherein the prosecutor must prove each element of the charged crime against the defendant “beyond a reasonable doubt”. It should be noted that since the criminal burden of proof is higher, a defendant may be found innocent of committing a crime, but yet found civilly liable for tort damages.
As far as damages, the personal injury victim may be able to recover the following: physical/emotional pain and suffering, economic loss, medical expenses (past and future), cost of property repairs, lost wages, and out of pocket expenses.
Torts is a very detailed oriented area of law so you should seek advice if you have questions.
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