Miami Personal Injury Attorney Blog
You might not be familiar with the word “Torts”; this is another word for personal injuries caused by civil wrongs, known as negligence, as slip and fall injuries, medical malpractice, dog bites, and more. Torts can be intentional or incidental. Intentional torts are physical injuries such as criminal assault, fraud, or trespassing. Incidental torts are those where one party carelessly harmed another, this type of torts needs to be proven fault.
In Florida, the tort law applies in any civil case in which the party injured is seeking financial compensation for the negligence of someone else. In a personal injury case, the lawsuit doesn’t begin until the party injured has reached maximum medical improvement to avoid unexpected injuries compensation being lost.
Damages for pain and suffering are difficult to quantify due to the subjective nature of the experience and the lack of a common standard of assessment. In assessing how much pain and suffering damages to award a plaintiff, courts frequently direct juries to use their best judgment, and counsel and juries employ a variety of considerations to assign value to various sorts of damages.
The following are some examples of characteristics that courts consider when evaluating pain and suffering damages: the extent of the damage, possibility of long-term repercussions, the wounded person’s age, whether the wounded have any pre-existing medical conditions, and/or the amount of economic damage sustained.
Some attorneys use a “multiplier approach” to calculate the worth of pain and suffering, in which the attorney doubles the economic damages by a specified amount, generally between one and five. For example, if the injured person lost $100,000 in wages, an attorney may claim that the client is entitled to three times that amount ($300,000) for pain and suffering.
Statute of limitations needs to be considered in these civil cases. The law states that to file these lawsuits there is a time frame based on negligence. This statute of limitations varies for personal injury, medical malpractice, or most claims against state and local government. Florida statute section 95.11(3)(a) states that “WITHIN FOUR YEARS. – An action founded on negligence.”.
If you need to file a negligence claim, talk to an attorney first. The tort law in Florida is very complex; an attorney can help you understand what you need to know first and what you are getting into. Attorneys that handle tort cases will get paid once you receive the amount awarded on your case; most attorneys will take a percentage. Attorneys prefer a contingency fee rather than being paid on an hourly basis.
If you or someone you care about has been injured due to someone else negligence, contact the Law Office of Ruth E. Johnson immediately.
Remember when injured you get to choose your legal counsel, so have an experienced, aggressive, knowledgeable l team that aims to get you the most compensation for your losses. Choose the Law Office of Ruth E. Johnson.
If you want to know more information about personal injury, please visit our page for further information here.