West Palm Beach Personal Injury Attorneys
"Personal injury" simply refers to the area of law that seeks to protect victims harmed by the negligence of another person or entity. In personal injury cases, negligence is failure to act with the prudence that a reasonable person, under the same circumstances, would exercise. The tort of "negligence" occurs when someone's conduct imposes an unreasonable risk upon another that results in injury or damage to that person.
When a personal injury attorney brings a lawsuit on behalf of a personal injury victim, the components of such a negligence action are:
- Duty - Generally, a person owes everyone else with whom he comes in contact a "duty of care." It is the legal duty of every person to act according to a reasonable standard and to avoid imposing risk on others with whom he or she comes into contact.
- Failure to conform - This element can be thought of as "carelessness." If someone fails to conform with the duty of care--in other words, is careless - and causes injury to another person, he or she may be liable for the damages that result.
- Proximate cause - A sufficiently close causal link between one person's act of negligence and the harm suffered by another must be established
- Damage - Actual injury, harm, or damage suffered as a direct result of the negligence also must be demonstrated
Miami Beach Injury Lawyer
Proving your case in a personal injury lawsuit requires an accident lawyer and the plaintiff to show that the defendant's conduct imposed an unreasonable risk of harm. The reasonableness of the defendant's conduct is weighted against an objective standard. The jury must determine, "Would a 'reasonable person of ordinary prudence' in the defendant's position have acted the same way?" It is not enough for a personal injury attorney to show that a defendant's conduct resulted in a terrible injury. Rather, the personal injury plaintiff must prove that the defendant's conduct, viewed as of the time it occurred and without benefit of hindsight, imposed an unreasonable risk of harm. It is interesting to note that the negligent person's mental state is irrelevant. The defendant does not escape liability merely because he or she intended to behave carefully or thought he or she was behaving carefully.
Once negligence is proved in a personal injury claim, a personal injury lawyer may seek to recover damages on behalf of the plaintiff. Damages, may include:
- Loss of functioning - The value of any direct loss of bodily functions
- Economic damages - Out-of-pocket losses stemming from the injury such as medical expenses and lost earnings
- Pain and suffering - Damages for mental and emotional anguish caused as a result of the injury
- Hedonistic damages - Damages for loss of quality of life, even if that loss has no economic consequences
- Future damages - Compensation to recover any future medical and rehabilitation expenses, pain and suffering, and loss of income that are likely to occur
Pompano Beach Auto Accident Attorney
When a personal injury occurs, a thorough investigation and evaluation of the cause(s)--conducted by an experienced and qualified personal injury attorney--is always the best way to proceed. Once the cause and severity of the personal injury and liability are determined, a personal injury lawyer and the victim can reach an informed decision about whether or not to pursue a lawsuit or other legal option.
The skilled personal injury lawyers and accident attorneys at Schwartz Roller LLP and its affiliate law firms have tried and negotiated hundreds of personal injury cases to successful conclusions. They understand the complexities of investigating, litigating, negotiating, and resolving personal injury claims and are experts at effectively presenting personal injury cases to insurance adjusters and juries. Our resources include a top-notch team of professional investigators and experts who can analyze the evidence and help our personal injury attorneys obtain swift justice and maximum cash awards for injuries, medical bills, pain and suffering, loss of wages, and all other related costs and expenses.
Miami Gardens Accident Lawyer
If you have suffered a personal injury, or if someone in your family died as the result of injuries sustained in an accident or negligence action, contact the law offices of Schwartz Roller LLP. A personal injury lawyer on our team can offer you a free, confidential evaluation of your case and advise you of your rights.
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