A personal injury case typically occurs when a person’s negligence causes an accident that leads to another person becoming injured. The injured person has quantifiable damages, such as medical expenses and lost wages, and then files a lawsuit against the person who caused the accident. If the defendant is found liable for damages the plaintiff has sustained, then the judge or jury will likely award the plaintiff compensation.
Negligence is determined based on whether the defendant had a duty to care, breached that duty, the breach of that duty caused the plaintiff to sustain injuries, and these injuries resulted in damages. A personal injury case must include all four elements of negligence in order for a plaintiff to win the lawsuit.
Personal injury cases filed after a car accident are a good example of how the theory of negligence works. All drivers on the road must exercise reasonable care while driving and a failure to do so would likely result in the at-fault driver being liable for damages in a lawsuit. For example, if a driver is texting on their cell phone and hits the back of another vehicle, causing injuries to the other driver and passengers, the at-fault driver will be liable for any injuries that those in the other vehicle have experienced. While car accidents are more common personal injury cases, a number of areas fall under personal injury law. They also include other types of motor vehicle accidents, boat accidents, scooter accidents, construction accidents, slip and fall accidents, and premises liability.
However, negligence is not the only principle that applies to personal injury cases. Strict liability also applies to product liability cases and dog bite cases in Florida. Strict liability means that a person or entity can be legally responsible for an injury without proof of carelessness, negligence, or fault. If a dog bites someone and causes an injury, the dog owner can be held liable for the damages. This means that the dog owner will be held liable regardless of whether he or she had prior knowledge that the dog could potentially be dangerous. In these cases, negligence does not have to be proved because strict liability applies.
Sometimes a product is inherently dangerous due to a manufacturing or design defect and if someone sustains an injury as a result of that product, they can sue the manufacturer, along with others in the supply chain, for damages based on strict liability. In these cases, the plaintiff must show that the product was flawed during the design or manufacturing process, making the product unreasonably dangerous.
If you have been involved in an accident and are not sure if your situation will result in a legal claim to recover your losses, speak with an experienced attorney about your situation. If you win your case, you may receive damages that cover the losses that you have endured. Damages for personal injury cases include economic damages, such as lost wages, loss of earning capacity, medical expenses, and non-economic damages such as pain and suffering.
If you want to know more, call us at 833-938-2300. Or reach out to us through our website: https://ctllawyers.com/contact-us/