Personal Injury Law Basics

What is a personal injury claim?

A claim made against a person or company for compensation as the result of their negligence, or wrongful conduct, is called a "tort claim." A tort is a civil wrong, for which the remedy is money damages.

A personal injury claim, or tort claim, dates to the Bible -- redress of injuries was clearly provided for in the law of Moses in the Old Testament (Exodus 18:17–26; 21:23,  24; 22:12–23:13; Ruth 4:1–12; 1 Kings 3:16–28).

A personal injury claim is typically based upon the concept of carelessness or negligence, but can also be based upon an intentional or reckless act. The term “negligence” simply refers to a party’s failure to use reasonable care under the circumstances.

The person or company responsible for causing the victim’s injuries is known as the "tortfeasor" or "defendant."

It’s All In The Proof:
Liability, Causation, Damages

In every personal injury claim, there are categories used by lawyers and insurance companies in evaluating the value, or level of compensation, of the case. So after a serious Cape Coral accident, including a motorcycle accident Cape Coral, truck accident Cape Coral, car accident Cape Coral,semi accident Cape Coral, or slip and fall accident Cape, lawyers and insurance companies look at the following factors:

• Liability 
• • Liability refers to the question of who is at fault and to what degree. 
  • Because Florida is a comparative fault state, the consumer’s recovery can be reduced by each percent of his/her own comparative fault (if any). 
  • For example, if a jury finds you to be partially at fault, say 50%, then that means whatever verdict for damages the jury might return in your favor will be cut by 50%. 
• Causation 
• • Causation refers to the cause-and-effect relationship of the event (i.e. accident) and your injuries. 
  • For you to recover money damages, your injuries must have been caused or aggravated by the accident/event. 
  • Whoever is defending the claim -- typically an insurance company – will work very hard to prove that your injuries are not new or were not caused by the accident/event. 
  • They subpoena your medical records from childhood to the present and hire their own doctor(s) to examine you and conclude that your injuries were either pre-existing or non-existent. 
• Damages 
• • Damages refer to the injuries or losses that were caused by the accident. 

Personal Injury Lawyer Cape Coral Florida
Contact Us

The Harris Law Firm, P.A. is conveniently and centrally located in Lee County,  just across the Cape Coral Parkway Bridge. Importantly, we will come to you in the hospital or at your home.

If you have been injured because of another’s negligence or wrongful conduct, then contact an experienced personal injury attorney Cape Coral Florida to seek justice on your behalf.

If we take your case, then we will stand by you to prove not only who is legally responsible, but also to recover money damages to pay for your medical bills, future medical care, lost wages, and pain and suffering.

When you hire the Harris Law Firm, P.A. you are retaining experience and care.

Principle Does Matter. ^SM
Vision. Values. Justice.^SM

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