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Yes, personal injury cases are handled in Florida civil courts, governed by a body of laws that holds individuals, businesses, and government entities responsible for losses a victim suffers due to someone else’s negligence. While some personal injury cases may have a parallel case filed in criminal court, personal injury claims are civil matters aimed at restitution for the victim, rather than punishment for a crime.
If you were in an accident you didn’t cause and experienced financial loss as a result of the injury, you likely have solid grounds to pursue a personal injury lawsuit. An experienced Fort Lauderdale personal injury lawyer can review your circumstances and advise you of your legal right to sue.
An overview of personal injury law
Personal injury law, also known as tort law, is a body of civil law aimed at making an injured party “whole” after suffering an injury to their body, mind, or reputation due to the negligence or willful malice of another party.
Personal injury law aims to benefit the victim of an injurious accident, not to punish the wrongdoer (however, punitive damages, which a jury may award to make an example of a defendant whose actions are especially egregious, are possible in a small percentage of cases).
In civil cases, the plaintiff bears the burden of proof. They present evidence establishing that the defendant had a duty of care to protect their safety but failed to fulfill it, resulting in the plaintiff’s injuries. The burden of proof in personal injury claims is lower than that of criminal trials; plaintiffs must prove their case with a preponderance of the evidence (it’s more likely than not that the defendant caused the accident), rather than beyond a reasonable doubt.
Common types of personal injury cases
Virtually all personal injury cases involve physical injury to the plaintiff in some manner; they have the right to sue for the full amount of their medical expenses and other losses, in cases like:
- Car and motorcycle accidents
- Semi-truck and other commercial vehicle collisions
- Slip-and-fall (premises liability)
- Medical malpractice, including misdiagnosis and birth injuries
- Product liability claims
- Dog bites
- Construction site accidents
In some cases, plaintiffs injured in the same manner by the same defendant may merge their cases into a single large class action lawsuit, pooling their resources and legal talent to take on large defendants, such as national corporations and pharmaceutical manufacturers.
Types of damages available in personal injury claims
There are three categories of damages awarded in personal injury claims:
- Economic, or special damages: Material losses, including medical bills, property damage, lost wages, and legal fees, plus any other out-of-pocket expenses related to the incident.
- Non-economic, or general damages: Non-material, yet still valuable, losses like pain and suffering, emotional distress, and loss of quality of life.
- Punitive, or exemplary damages: Awarded by a jury, these damages are intended to punish an exceptionally negligent defendant, and are often used when the defendant is an entity, like a consumer goods manufacturer or the maker of a dangerous drug, rather than an individual. The purpose of punitive damages is to punish the defendant financially, rather than compensate the plaintiff.
Do you have grounds to file a personal injury case?
If you were involved in an accident you didn’t cause, or if you were hurt because of another party’s negligence, oversight, or malicious actions, the experienced personal injury lawyers at Lytal, Reiter, Smith, Ivey & Fronrath want to hear your story. We review your situation, determine if negligence was a factor in your accident, and then pursue full and fair compensation for your economic and non-economic damages. Call (561) 655-1990 today to schedule a free consultation.