fl personal injury : Do You Have A Case?

2007-03-08 10:33:40

( Legal )



Whether miami personal injury or florida personal injury – what is personal injury?

It is an area of law in fl personal injury or any other state, which protects you if you are harmed by the recklessness, negligence, inaction or malpractice of others. It’s also known as tort law. In includes a range of legal claims:
• Auto accidents
• Wrongful death
• Defective drugs
• Medical malpractice
• Workers compensation
• Product liability.

If you are a victim of fl personal injury you can file a claim for emotional or physical injury and sometimes for property damage. In the case of wrongful death or medical malpractice in fl personal injury, you can file a claim on behalf of a deceased loved one.

You may be eligible to get damages – i.e. financial compensation for:
• pain and suffering
• loss of income
• permanent disability
• emotional distress
• other resulting injuries.

If you want to file a personal injury claim, get legal advice from a personal injury attorney where you live.

Understand personal injury law and establish your claim; if you can demonstrate that:
• the person you are accusing is really legally responsible for your injury
• the damages you are claiming truly reflect the extent to which you have suffered injury or loss,
you may be entitled to file personal injury action.

Two critical elements must be addressed:
• liability
• damages.

These can be determined based on 3 factors:
• negligence
• strict liability
• intentional wrong.


Ask your personal injury lawyer to explain these in more detail – but this is a brief explanation:

Negligence
Filing a personal injury case as tort of negligence means that the defendant is accused of causing injury because they failed to prevent it.

Strict Liability
Generally this applies to product liability law. If a manufacturer markets defective products which, even when they are used correctly, injure you, they can be prosecuted. Strict liability applies independently of whether there has been malice or negligence.

Intentional Wrong
If you have filed criminal charges you also have the option of claiming intentional wrong and pursuing a civil personal injury. So if you have, for example, been a victim of sexual abuse, you can file both a criminal and civil lawsuit.

Do I have a case?
The following personal injury claims are prosecutable:
• slip and fall injury
• nursing home abuse
• car accident
• defective product injury
• exposure to toxic material
• medical malpractice
• wrongful death
• drug injury
• job injury
• dog bite case.


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