Personal injury is one of the most diverse areas of law. With so many different types of cases, fact patterns, and types of damages, having an experienced personal injury attorney guiding you could make a big difference.
Pursuing a personal injury case without the help of a seasoned legal professional could be challenging. A New Port Richey personal injury lawyer could evaluate your claim, take you through the process of pursuing action, and help you determine your potential options for future legal recovery.
Types of Personal Injury Cases
Personal injury cases stem from one person sustaining injuries or harm from an accident due to the actions of another. The most common types of personal injury claims result from:
- Motor vehicle collisions
- Tractor-trailer collisions
- Property accidents
- Medical errors
- Occupational hazards
- Hazardous products
- Severe injuries
An experienced New Port Richey personal injury lawyer could investigate the accident and determine whether a case has merit.
Intentional & Unintentional Torts
Personal injury law is commonly referred to as the law of torts. A tort is a wrongful act that could lead to civil liability. Courts and legislatures have developed the law to distinguish and determine which conduct amounts to a wrongful tortious act. Torts are divided into two general categories: intentional and unintentional.
Intentional torts are committed with the intent to bring about a harmful result. Common examples of intentional torts include:
- Intentional infliction of emotional distress
- False imprisonment
In order to bring a personal injury lawsuit against a defendant based on an intentional tort, a New Port Richey personal injury attorney would have to prove that the defendant committed the act with the intent to bring about the harmful result.
In a battery case, the plaintiff’s attorney is required to show that the defendant not only made unconsented harmful or offensive contact with their person but also that the defendant intended to make that harmful or offensive contact.
Many personal injury cases are unintentional torts, also known as negligence. In unintentional tort cases, the plaintiff is not required to show intent but is instead required to prove four core elements of negligence.
The first two elements, duty and breach, require the plaintiff’s lawyer to prove that the defendant owed the plaintiff a duty of care which they failed to meet. The last two elements necessary to support an unintentional tort claim, include causation and harm. The plaintiff is required to prove that the defendant’s breach was the actual and proximate cause of their injuries. A knowledgeable New Port Richey personal injury attorney could be helpful in determining whether a plaintiff’s case falls under an intentional or unintentional tort claim.
Recovering Compensation for Damages
A personal injury lawyer in New Port Richey could help plaintiffs seek compensation for a variety of damages. Damages are broken down into economic, non-economic, and punitive.
Economic damages compensate plaintiffs for monetary losses, such as medical bills and lost wages accumulated as a result of an accident. Non-economic damages are difficult to quantify, requiring the court to evaluate emotional suffering based on the severity of the injuries and other similar cases. Common types of non-economic damages include pain and suffering, mental anguish, loss of enjoyment of life, as well as loss of consortium.
Punitive damages are only awarded in cases where the court feels that it is necessary to deter the defendant’s wrongful acts from occurring again.
Statute of Limitations
Personal injury claims must be filed within the four-year statute of limitations pursuant to Florida Statutes §95.11. If the lawsuit is not filed within the mandated deadline, the plaintiff may risk losing their right to sue for damages.
Reach Out to a New Port Richey Personal Injury Attorney Today
Due to the complexities of personal injury cases, it is best to seek help from a diligent attorney. A skilled lawyer could investigate your accident, collect evidence, and calculate your losses to help you recover compensation for your damages. You do not need to handle your case alone.
A New Port Richey personal injury lawyer could be your ally and help you hold the negligent party accountable for their actions. Get started exploring your legal options today.