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Understanding “Personal Injury” as a Legal Term

Personal injury generically is bodily harm to a human being. When that is harm caused by the wrongful act or conduct of another it gives rise to a legal claim for recompense.

 

Personal injury claims can be very complicated involving difficult proof of facts and application of complex personal injury law. Discover your options. Personal injury law is the body of civil law developed over centuries to govern the settlement of those claims. That body of law consists of common law, statutory law, and administrative law.

 

The broad category that includes personal injury law is called “tort” law. Tort law has existed in various jurisdictions since the Roman Empire.

 

Tort law governs elements of liability, standards of proof, defenses, measurement of damages, rules of procedure and evidence, and appellate grounds and procedure.

 

In the United States, personal injury law plays a role in several different legal contexts including private claims for compensation, wrongful death claims, worker’s compensation claims, insurance law, malpractice claims, and intentional tort claims.

 

We have experienced Florida personal injury attorneys in Tamarac as well as excellent personal injury attorneys in Coral Springs to serve you if you suffer injury as the result of another’s action or inaction. We also handle injury claims in Sunrise.

 

Examples of Personal Injury Cases

Personal injury cases can arise out of an exhaustive list of negligent or intentional acts or omissions. They include:

  • Motor vehicle accidents
  • Slips and falls and other injuries from negligent property maintenance
  • Assault and battery
  • Workplace accidents
  • Medical malpractice
  • product liability
  • Toxicity and contamination of water and air

 

What Do Personal Injury Lawyers Do?

Personal injury cases commonly involve disputes about the facts and the law. The job of a personal injury lawyer is to represent one side of the dispute, prosecute or defend against a claim, analyze facts, evaluate damages, understand medical aspects of the case, develop evidence and select witnesses, engage in settlement negotiations, and conduct trials and appeals.

 

More particularly, the personal injury lawyer undertakes to present evidence that proves by the preponderance of that evidence that the defendant’s negligent or willful action or inaction was the proximate cause of the injury as well as the amount of compensatory and punitive damages.

 

Damages

A plaintiff in a personal injury case (the injured party) is potentially entitled to compensatory and punitive damages.

 

Compensatory damages that are awardable by a jury or the court include economic loss. They also include non-economic loss such as pain and suffering and mental anguish.

 

Punitive damages are usually awarded only in the case of a defendant’s gross negligence or willful act or omission. They are intended to be a deterrent to further conduct of the defendant or other potential defendants. In Florida, punitive damages are limited to three times the compensatory damages awarded.

 

If you suffer injuries that you believe were caused by the negligence or intentional act of another, consult an experienced Florida personal injury trial lawyer. The Cameron Law Group is staffed by excellent personal injury attorneys in Tamarac and personal injury attorneys in Coral Springs, and we pursue injury claims in Sunrise.

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