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A personal injury happens when someone suffers from a physically or mentally traumatic injury, or his or her property is damaged. When someone else’s careless, negligent, reckless or intentional actions caused the injury, the law allows the injured party to recover compensation in a personal injury lawsuit.
Florida personal injury lawsuits can result from a variety of accidents and negligent acts, however the most common types of injuries occur from car accidents, slip-and-fall injuries, dangerous products, medical malpractice, wrongful death, and nursing home neglect or abuse.
If you or someone you love has been injured and someone else was to blame, the dedicated Florida personal injury attorneys at Disparti Law Group, P.A., can help you recover all of the compensation you are entitled to. Contact our Florida accident lawyers today for a free initial consultation at 800-633-4091 or fill out our online contact form.
With more than 30 years of experience handling personal injury cases, our tort attorneys serve clients in Tampa, Holiday, St. Petersburg, Sarasota, Port Charlotte, Fort Myers, Naples, Bonita Springs, and all across Florida and the United States. Don’t fight the insurance companies alone. Let us put our decades of experience and knowledge to work for you.
You have may have heard the term “tort” in the media. Tort law is another way to refer to personal injury law. State and federal tort laws are in place to protect your rights against other parties’ negligent, reckless, careless and intentional actions that cause you harm.
Florida tort actions have three required elements:
A compensable personal injury, or tort, has occurred when all three elements are present.
Our society’s laws require everyone not to harm others. This means that not only should people be safe from harm, but their possessions should also be safe. Whenever another person or company negligently or intentionally harms you or damages something that belongs to you, they can be held liable under Florida’s tort laws.
An intentional act is one designed to cause harm or injury. The person committing the act wants to harm you. A negligent act occurs when someone fails to exercise reasonable care, and you are harmed as a result of that failure.
For example, if an angry person throws a brick through your car window, that is an intentional tort (it may also be a criminal action). On the other hand, if a driver carelessly runs into your car, that amounts to negligence. In the first case, the defendant wanted to cause an injury; in the second case, the defendant did not want to injure you but failed to take the appropriate action to avoid the accident. In both cases, the defendant had a duty not to injure you or your property. The intentional or negligent actions of the defendant breached the duty, and damage to you or your property resulted.
“Strict liability” is another type of personal injury law. Strict liability means that the defendant can be held liable for damages regardless of whether negligence was involved. Abnormally or inherently dangerous conditions can result in strict liability for the injuries they cause. This concept also occurs in the area of product liability. Manufacturers are charged with the responsibility of assuring that their products are safe when used as directed. If their product injures someone, under the terms of strict liability, the injured person does not have to prove intent or negligence — only that the product was defective through no fault of their own and that harm was done.
Once liability is established, Florida personal injury defendants must compensate victims for their losses, also known as “damages.” Damages can be agreed upon by you and the liable party, through insurance negotiations, or by other means. However, an offer from an insurance company or the negligent defendant might be insufficient to fully compensate you for your injuries. This is particularly true if your personal injury affects your ability to earn a living.
If you are the victim of a personal injury, there are several things you can do to help yourself. First of all, make sure that you seek proper medical attention and that you follow up with the proper authorities and your own insurance company. You should cooperate with the police, your own treating physicians and your own insurance company.
If you believe your injury was caused by the carelessness or intentional act of another, you should discuss your case with a skilled Florida personal injury attorney such as the ones at Disparti Law Group, P.A. You should call as soon as it is convenient to do so and avoid discussing the matter with strangers and/or insurance representatives who are not from your own insurance company. Do not sign any statements or agree to a settlement without first discussing it with your lawyer. You could waive your right to recover full compensation for your damages.
Most personal injury cases are covered by a statute of limitations, which means that you must file your lawsuit within a certain time period to avoid being shut out. Florida allows you four years to file most personal injury lawsuits, however some causes of action — such as medical malpractice and wrongful death cases — must be filed within two years. It’s important to talk to a Florida personal injury lawyer as soon as possible to avoid having your lawsuit barred by the statute of limitations.
If you or a loved one has been injured and someone else was to blame, call Disparti Law Group, P.A., toll free at 800-633-4091 or submit an online questionnaire. The initial consultation is free of charge, and if our Florida personal injury attorneys agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if you recover money. Please call right away to ensure that you do not waive your right to possible compensation.