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What is Personal Injury Law? "Not just Car Accidents"

Posted by Philip Stillman | Apr 16, 2024 | 0 Comments

Personal Injury Law is "Not just Car Accidents"

Personal Injury Not just Car Accidents

Personal injury law, also known as tort law, is a branch of civil law that provides a legal framework for compensating individuals who have suffered harm due to the actions or negligence of others. This area of law is designed to protect people from wrongful conduct and to restore the injured party, as much as possible, to the position they were in before the injury occurred. Here are some key aspects of personal injury law:

1. Negligence: The most common basis for personal injury claims is negligence. Negligence occurs when someone fails to take reasonable care to avoid causing injury or loss to another person. For example, if a driver doesn't pay attention while driving and causes an accident, they may be held liable for injuries caused by their negligence. But negligence could also be a business that leaves the floor wet after mopping and doesn't have warning signs so customers don't walk over it. And someone slips and falls.  

2. Intentional Wrongs: Sometimes personal injury claims are based on intentional acts, such as assault or battery. In these cases, the defendant is accused of intentionally harming the plaintiff. Someone beats up a person wanting to hurt them.

3. Strict Liability: In certain cases, a person or company can be held liable for injuries without the need for the injured party to prove negligence. This often applies in cases involving defective products or dangerous activities, where the mere occurrence of an injury under certain conditions can trigger liability. We have all seen lawsuits on TV about different exposures to toxins or kids choking on toys.

4. Compensation: Personal injury law aims to provide financial compensation to the injured party. This can cover medical expenses, lost wages, pain and suffering, and other losses. The objective is not to punish the wrongdoer but to compensate the victim. This is why you see billboards and ads for people who have gotten a lot of money in personal injury cases. It is possible , but it all depends on the assets or insurance company limits of the person who caused you harm. We've heard the expression “you can't get blood from a stone”.

5. Settlements: Many personal injury cases are resolved through settlements rather than going to trial. A settlement allows the parties to come to an agreement on the amount of compensation that will be paid to the injured party. This saves time and can guarantee the plaintiff receives compensation. People do not realize that if they go to trial they could lose and get Nothing.

6. Statute of Limitations: Personal injury laws are subject to statutes of limitations, which are deadlines by which a lawsuit must be filed after an injury has occurred. These vary by jurisdiction and by the type of harm experienced. In Florida, last year this statute was changed to 2 years. So, if your accident or injury was on or after 03/24/23 you only have 2 years to file suit.

Personal injury law is a significant part of the legal system because it helps maintain social order by holding people or entities accountable for their actions that cause harm to others. It also provides a mechanism for injured parties to receive compensation and support for their recovery.

If you have been injured or harmed by the negligence of others, please call Stillman Injury Law. We can help you get the compensation you deserve.

Personal-Injury-Flyer.pdf
Personal injury lawyer Lake Worth

About the Author

Philip Stillman

Philip A. Stillman has been practicing personal injury law since 1990. Born in New York City, Mr. Stillman went to Stuyvesant High School as well as State University of NY at Binghamton. Mr. Stillman relocated to Florida to attend law school, graduating from Nova Southeastern University Law Cent...

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