Learn about Personal Injury Law
Personal injury law includes a wide variety of topics from substantive law, procedural law, case law, statutory law, administrative law, practical considerations and more. Shorstein, Lasnetski, & Gihon attempts to break Personal Injury Law down to its essential elements and explain the concepts and issues that you may confront in your personal injury case. Please click on the links below to learn more about that specific aspect of personal injury law.
Personal Injury law, which is commonly referred to as "Torts" by the legal community relates to a negligent act committed by one person or entity against another. The law allows for a person injured by another's negligent act to sue that person or entity and recover damages to make them whole again. This is, of course, a simplified explanation of the tort system. Below, and through the links below, we will dig a little deeper into Florida's Tort (Personal Injury) laws.
- Did the person who injured you owe a duty of care to the injured person?
- Did that person breach the duty of care?
- Did that breach cause your injuries?
- Do you have damages?
Intent is not an element of negligence. Therefore, it doesn't matter whether the defendant intended to harm you. You simply have to prove that the defendant was negligent in his or her conduct. It can by active or passive negligence. This means that if the person did something that was negligent which led to your injury or failed to do something negligently which led to your injury, they may be liable to compensate you. An example of passive negligence would be a store who negligently failed to clean up a spill in an area where customers walk and would not be able to see the spill.
There are varying degrees of negligence that a plaintiff may be required to prove depending on the circumstances. The most common type is "ordinary negligence." Click on the links below to learn more about each degree of negligence.