Broward County Personal Injury Lawyer
Personal injury cases in Florida come in many shapes and sizes. While people most commonly think of car accidents, the reality is that any negligent action may qualify for a personal injury claim when someone is hurt.
In fact, some personal injury claims arise out of conduct that merits criminal prosecution, in addition to any civil claims. Broward County personal injury lawyers help people who have been injured with their cases. Contact an experienced injury lawyer for assistance pursuing compensation right away.
Types of Personal Injury Cases
There are as many types of personal injury cases in Broward County. The common factor for all of them is that a plaintiff was injured by the negligence of the defendant. Common examples include:
- Car accidents, either involving another vehicle or a pedestrian
- Commercial truck accidents
- Slips and falls
- Premises liability
While most of these torts would be classified as accidents, it is important to remember that people can expose themselves to civil liability through intentional acts as well, such as assault and battery.
Keep in mind that the criminal case and the civil action are separate in the eyes of the law, and just because a person is acquitted of a crime does not mean that the civil case will come to the same conclusion. Broward County personal injury lawyers work to represent a person in their civil cases against the person who injured them.
Negligence Law in Florida
Most personal injury cases in Florida come about because of an accident. Since the defendant did not intentionally harm the plaintiff, the case centers on whether the defendant acted in a way that unintentionally places others in danger. This is the core of the legal theory of negligence.
There are five parts, or elements, that must be met in a negligence case:
- Duty – In certain situations, a person has a legal responsibility to protect others. This is known as the duty of care, and is applied in specific situations. In personal injury cases, this standard pertains to people driving cars, store owners, and landlords.
- Breach – A breach of the duty of care occurs when the defendant takes an action, or fails to take an action, that places the plaintiff in danger. A vehicle driver running through a stop sign, a store owner not cleaning up a spill, or a landlord not fixing a broken step can all be breaches of duty.
- Cause – The plaintiff must be able to demonstrate that their injuries were caused by the defendant’s breach of the duty of care.
- Scope – The injuries suffered must have been foreseeable from the facts. It is foreseeable that in a car accident that the plaintiff would suffer a neck strain, but it is not foreseeable that a defendant would suffer a heart attack after slipping on ice.
- Damages – The plaintiff must have actual physical injuries to succeed in a negligence claim. While mental injuries may be added on for pain and suffering, an actual physical harm, such as a broken bone, must be at the core of the claim.
The statute of limitations is another important aspect of Florida law to consider in personal injury claims, because this is a time limit that the injured party has to make a claim.
Florida Statute 95.11 sets this limit at four years for all claims involving negligence. Broward County personal injury attorneys can provide more detailed information.
How a Broward County Personal Injury Attorney Can Help
Being injured as a result of another person’s negligence is never easy. On top of the physical and mental recovery that you need to make, dealing with the defendant’s insurance company can be stressful and overwhelming.
Broward County personal injury lawyers are here to help. Whether you were injured in a car accident, a slip and fall, or through an intentional tort, they represent your interests with diligence and care. Attorneys work diligently on the case by gathering all of the evidence, talking to witnesses, and preparing a strong demand package.
If your case does need to go to trial, a lawyer will prepare you to testify on your behalf and be by your side every step of the way. Contact a Broward County personal injury lawyer today.