Personal injury law is designed to protect you if you or your property is injured or harmed because of someone else’s action or failure to act. Also known as tort law, a successful tort action requires the person who caused the harm to compensate the one who suffered the loss.
The basis for most personal injury lawsuits is negligence. Whether it’s an auto accident, motorcycle accident, slip and fall, medical malpractice or other personal injury case, a lawsuit usually alleges the person was negligent in their actions, and that action (or inaction) caused you to be injured (damages).
In a negligent action, an individual fails to act with the level of care that a reasonable person would take under the same circumstances. Naturally, there are also unintentional acts which give rise to a valid case. A personal injury case could involve intentional wrongdoing, including inflicting emotional distress.
There is also “strict liability,” which holds someone liable for an action regardless of his or her intent, i.e. dog bite cases. Another example would be an injury that occurred due to a defective product. The manufacturer could be held responsible even if they did not act negligently or intend to cause harm.
In a personal injury claim, there are generally two components — liability and damages. Was someone liable for the damages or harm you sustained and, if so, what is the extent of the damage? If both liability and damages are proven, you should be compensated for your loss.
The types of loss someone can experience go beyond physical and visible signs of injury or damage. It can (and often does) include a person’s pain, suffering, loss of enjoyment of life, lost wages, loss of future earnings, emotional damage, and damage to property.
Although personal injury law is a simple concept in theory, it can be quite complex in practice, especially if you were the one harmed. An experienced Fort Myers personal injury attorney can help guide you through the process.
At Kagan Law Firm in Fort Myers, our team is driven by a commitment to provide the most exceptional service possible. We pride ourselves in taking a personal approach to personal injury law, so our clients feel comfortable and confident as they pursue legal action. To see how we can help you, please contact us at (239) 466-1161.