Personal Injury Claim
A claim made against another
person or company for their wrongdoing is called a "tort claim." A tort is a civil wrong, for which
the remedy is money damages. This differs from a criminal act, for which the remedy is loss of
liberty, such as incarceration.
A tort is usually based upon the
concept of carelessness or negligence, but can also be based upon an intentional or reckless
act. The person who is at fault for
causing the victim’s injuries is referred to as the "tortfeasor" or "defendant."
Required Elements in a
Personal Injury Lawsuit
A personal injury lawyer and and insurance adjusters know that
the three categories of issues that typically arise in a tort claim after a motorcycle accident are
the following:
- Liability
- Causation
- Damages
Liability refers to the
question of who is at fault and to what degree. Because Florida is a comparative fault state,
the consumer’s recovery can be reduced by each percent of his/her own comparative fault. For
example, if a jury finds you to be partially at fault, say 50%, then that means whatever verdict
for damages the jury might return in your favor will be cut by 50%.
Causation refers to the
cause-and-effect relationship of the event (i.e. accident) and your injuries. For you to recover
money damages, your injuries must have been caused or aggravated by the accident/event.
Whoever is defending the claim -- insurance companies, pharmaceutical companies, product
manufacturers, aircraft manufacturers, etc. – will work very hard to prove that your injuries are
not new or were not caused by the accident/event. They subpoena your medical records from childhood
to the present and hire their own doctor(s) to examine you and conclude that your injuries were
either pre-existing or non-existent.
Damages refer to the
injuries or losses that were caused by the accident. This includes items related to the accident or
event, including:
- Past medical
bills
- Future medical
bills
- Past lost
wages/income
- Future loss of earning
capacity
- Past and future for physical and
mental suffering and loss of enjoyment of life.
Insurance
Coverage
Insurance coverage can be
complicated. If there are more than one insurance policy applicable to the case, then those
insurance carriers will often fight over which policy must pay first (called primary vs. excess
coverage). If uninsured or under insured motorist coverage (UM) is involved, then there are steps
that must be taken to assure maximum financial recovery.
If you or your loved has been
seriously injured because of another’s fault or wrongful conduct, then contact our experienced
personal injury attorneys to review and assess your personal injury claim.
We are Here to Help -
Throughout Florida and Beyond
For dedication and experience, contact
our personal injury law firm. We proudly serve
deserving clients and their families who are seeking to overcome the challenges of serious
personal injury and wrongful death throughout Florida and beyond.
Locally, we are also proud to serve
our neighbors throughout Southwest Florida, including those in Arcadia, Alva, Avon Park, Bonita
Springs, Bradenton, Cape Coral, Charlotte County, Clewiston, Collier County, Desoto County,
Englewood, Felda, Fort Myers, Ft. Myers, Glades County, Golden Gate, Hardee County, Hendry
County, Highlands County, Immokalee, La Belle, Labelle, Lake Placid, Lee County, Lehigh, Lehigh
Acres, Manatee County, Moore Haven, Naples, Nokomis, North Port, Osprey, Palmdale, Port
Charlotte, Punta Gorda, Sarasota, Sebring, Venice, Wauchula, Zolfo Springs.
As personal injury lawyers, we provide aggressive, prompt, and
ethical advocacy on behalf of individuals and families who have suffered serious personal
injury, accident injury, and wrongful death.
Contact us right away to request a
copy of my free booklet regarding Motor Vehicle Accidents do's and don'ts and hiring an
attorney.
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