Fort Lauderdale Personal Injury Lawyer

"Personal Injury" is a type of civil law. Simply put, it is the injury of person or property by another. Personal injury laws allow for the injured party (plaintiff) to pursue compensation ("damages") from the injuring party (defendant). Another name for personal injury law is "tort" law.

Personal injury actions typically have three elements:

1. A legal "duty" between defendant and plaintiff
2. A breach of that duty
3. Damage/injury resulting from that breach.

Personal injury actions may be intentional or negligent. Intentional actions are just that - directed toward causing injury or harm. Negligent actions are, in effect, inactions - failures to act that result in damage or injury. A brick thrown through a window is an intentional action; a car recklessly driven into a parked car is a negligent action (failure to drive safely).

Personal injury law includes a particular type of liability, called “strict liability.” Strict liability simply means that the burden of proof of responsiblity is lessened - it is easier to find a person responsible for a particular injury or damage. In strick liability, the matter of proving intentional or negligent action leading to the injury/damage is waived: the simple fact that the injury/damage occured is enough. For example, if a medicine is found to injury users, there is not need to prove that the company acted intentionally or negligently by investigating testing or manufacturing pratices (though this will certainly done by oversight entities) - the simple fact that users are made sick by the medicine means the company is liable.

Under personal injury law, the party liable for the damage is responsible for rectifying the situation by paying damages. Sometimes such situations are rectified through private settlement through an insurance company. This may not be sufficient to cover the full breadth and depth of the impact of the injury; litigation may be warranted to truly find justice.

Should you find yourself the victim of a personal injury, follow these rules:

1. Seek proper medical attention.
2. Contact and follow up with the proper authorities.
3. Contact your attornery.
4. Avoid discussion your case with others except very close friends and family.
5. Cooperate with police, medical professionals, and your insurance company.

If you or a loved one is in need of legal assistance, call Fenster & Cohen, P.A. (954) 845-8989, (561) 737-7789 or (877) 845-8989 or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.