May 13, 2023
As our personal injury lawyer in Vero Beach, FL is well aware, navigating the complexities of personal injury legal cases can often feel like traversing through a labyrinth, with its fair share of confusing turns and convoluted legal vernacular. However, understanding the basics can significantly assist in maneuvering this complex terrain, making the ordeal less daunting. Our Tuttle Larsen, P.A. can illuminate some of the most frequently asked questions about personal injury legal cases, helping victims to understand and navigate their legal entanglements effectively.
- What exactly is a Personal Injury Case?
Personal injury law, or tort law, allows an injured person to go to civil court and get legal remedy (damages) for all losses stemming from an accident or other incident. The purpose of the personal injury system is to compensate the injured person financially or “made whole” after suffering harm due to someone else’s careless or intentional conduct.
- What are the most common types of Personal Injury Cases?
While personal injury law encompasses many incidents, some types are more common than others. These include car accidents, which are at the top of the list, closely followed by accidents at work. Other types include slip and fall cases, medical malpractice, and product liability cases. In any of these situations, the common thread is that someone was injured due to another party’s negligence or intentional misconduct.
- How is Fault Determined in a Personal Injury Case?
Fault or liability is determined based on negligence, strict liability, or intentional wrong. Negligence implies that the responsible party acted in a way that a reasonable person would not, thereby causing the injury. Strict liability holds a defendant liable for committing an action, regardless of what their intent or mental state was when committing the action. Intentional wrong is when a person sets out deliberately to harm another, which could lead to criminal and civil charges.
- What types of Damages can be claimed in a Personal Injury Case?
In a personal injury case, damages are awarded to an injured person (the plaintiff) by the person or company legally responsible for the accident (the defendant). There are two types of damages: compensatory and punitive. Compensatory damages aim to compensate the injured plaintiff for the harm caused by the defendant. These damages may include medical expenses, lost wages, and pain and suffering. Punitive damages, however, are awarded to punish the defendant for particularly egregious conduct.
- How long do I have to file a Personal Injury Lawsuit?
The time limit, or “statute of limitations,” for filing a personal injury lawsuit varies from state to state. Generally, the clock starts ticking on the date of the accident or injury. This period typically ranges from one to six years, with two years being common. If you don’t file a lawsuit within this time frame, you will most likely lose your right to sue.
Understanding the basics of personal injury cases is the first step in ensuring you are adequately prepared to navigate this legal landscape. Remember, each case is unique, and the information provided here is a broad overview. For advice tailored to your specific situation, it’s advisable to consult with an experienced personal injury lawyer.