“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:
- A legal “duty” between defendant and plaintiff
- A breach of that duty
- 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 responsibility 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 occurred 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:
- Seek proper medical attention
- Contact and follow up with the proper authorities
- Contact your attorney
- Avoid discussion your case with others except very close friends and family
- Cooperate with police, medical professionals, and your insurance company
Our experienced personal injury attorneys in Plantation, Florida have experience handling a variety of personal injury cases. Contact Fenster & Cohen P.A. today by calling (954) 473-1500 or (877) 845-8989 or contacting us online for your free initial consultation. Our personal injury attorneys work on a contingency fee basis, meaning that we only charge for our services if we win or settle your case. Ensure that you do not reach the statute of limitations for your personal injury case and call us right away.