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.

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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:

1. Liability
   
2. Causation
   
3. 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 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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