When an individual suffers an injury at the hands of another, they may be forced to address unexpected physical, emotional, and financial pain and damages. Whether the actions of the other party were intentional or unintentional, you may be able to hold them accountable for their actions.
No matter what type of injury you may have experienced, a dedicated and knowledgeable Clearwater personal injury lawyer could help you pursue your right to file a civil claim under Florida’s personal injury law. A seasoned attorney may be able to help take stock of your damages and work to recover compensation on your behalf.
Legal Theory
Personal injury cases are purely civil matters rather than criminal ones. Therefore, defendants cannot go to jail if they lose the case. Rather, they or their insurance company would owe monetary or other damages to the plaintiff.
Most personal injury cases are established based on the theory of negligence arising from wrongful conduct, which establishes that each member of society is required to act responsibly and do what they could to avoid putting other members at risk. This is referred to as a duty of care.
However, this doctrine also holds that some accidents may be bound to occur, no matter how responsible and careful people are. In a case, the plaintiff must establish that the defendant had liability to them and that they did not act in a way that a reasonably prudent person in the same or similar situation would have acted. This is known as a breach of duty.
Negligence could apply to the driver of a car, the owner of a dog, a medical professional, or a number of other people, depending on the nature of the claim. However, if a person acts negligently but no accident or injury occurs, there is no legal claim to be had. Accordingly, the plaintiff must also prove that the negligence of the defendant directly caused the accident and that the accident directly caused some form of physical injury to them. Contact a Clearwater personal injury lawyer to further inquire about the legalities behind a personal injury claim.
Types of Cases
Personal injury cases encompass those that cause harm to a plaintiff physically, financially, emotionally, or any other way. If a victim believes they may have suffered an injury due to the negligence of another party, an experienced Clearwater personal injury lawyer may be able to help them recover for injuries and losses of all these aforementioned types.
As per Florida Statutes Chapter 768, general types of personal injury cases include:
- Accidents such as slips and falls, car crashes, and medical mistakes
- Intentional acts such as assault and battery or other circumstances where the defendant intentionally harmed the plaintiff
- Defective products that may have been recalled or put on the market with inaccurate instructions
- Certain defamation suits in which one person’s statement causes harm to the reputation of another
Call a Clearwater Personal Injury Attorney
If you are interested in filing a personal injury claim, a qualified and compassionate Clearwater personal injury lawyer may be able to help. Your attorney could review the circumstances surrounding your injury to determine if your case has merit, and could work to pursue a settlement or a judgment award on your behalf.
This settlement or award may help you pay your medical bills, make up for lost wages, and compensate you for any pain and suffering you have endured. Call today to schedule an initial meeting and find out more about your options.
