Are you a victim of personal injury? Are you looking for expert legal opinion from a personal injury attorney in Fort Lauderdale? Then this article is for you. Significantly you may want to know if your injury is a classification of Personal Injury lawsuit. Fret not, here are the details explained to you. Personal Injury can be classified as injury caused as a result of road accidents, workplace accidents, dog bites, medical malpractices, defamation and assault, battery and other intentional torts.

So if you think you are a victim whose nature of the injury is part of any aforesaid classification, then your first task is to consult a Personal Injury Attorney also called as Trial Lawyers. They have special expertise in Tort law despite being trained in other fields of law. The Tort law includes cases of civil wrongs, economic and non-economic damages to plaintiff’s property, reputation or rights.  The emoluments towards the consultation, handling of the case is recovered from the plaintiff and may vary according to each attorney. The fees depend upon the experience of the lawyers, their prominence, time, energy spend and the outcome of the case. The pricing methods are contingency fees, hourly rates, flat fees and retainers.  The contingency fees are collected from the compensation received by the client; usual standard is 30% of the total compensation, hourly rates are levied on the clients to pay the lawyer as per the time spent on the case, flat fees are pre-agreed amount to be recovered from the compensation rewarded and retainers are the costs that are recovered prior to the proceedings.

Statute Of Limitations

According to the statute of limitation rule, the plaintiff must make the claim within certain time duration after the occurrence of personal injury to avoid the claim from being permanently annulled. The Statute of Limitation rule is deferential according to the state. Since the discussion here is about the Fort Lauderdale, The Statute of Limitation will be subject to the laws of Florida. Thus, the plaintiff has an allowed duration of four years from the occurrence of injury before his or her claim expires.

However, if the plaintiff or the defendant involved wished to avoid litigation then a fair, out of court settlement is an alternate option, this can be arranged with the attorneys acting as the mediators acting on behalf of their clients. Most of the personal injury incidents are settled without reaching the court.

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The Definition Of Personal Injury And Legal Help

Motor Accidents

Car accidents are the most frequent cases of personal injury. An accident happens because of driver’s negligence or not adhering the traffic rules. In that case, the careless driver can be held accountable for the incident and monetary claims can be made behalf of the instigator. The insurance company usually approaches the victims not as a liability but as a process of client interest. The monitory compensation can be sought by the plaintiff via this insurance company.

Slip And Fall

It is subject to Premises Liability law according to which it is the responsibility of the landowner to ensure safety standards in the premises of construction or repair. Hence, it is important to abide by the safety regulations for the people associated with the task on the premises. The incidents that occur due to compromise of safety standards may allow victims to appeal under the Personal Injury lawsuit.     

Medical Malpractice

If not obvious as the motor accidents, they still do account for a fair share of occurrences in the United States. A Medical malpractice incident involves a doctor or a surgeon’s negligence, or lack of competence that may have resulted in complications or injury to the victim. The compensation can be sought after the firm assessment of the magnitude of the damage endured by the plaintiff. The Statute of Limitation is usually small duration in medical cases except when the patient is unaware of the damage till a later instance, till he or she is made aware of the incident, this is subject to Harm Rule, an exclusive medical injury clause. According to this rule, the time allowed under the Statute of Limitation does not begin to run until the moment patient is aware of the damage incurred.  The best example to relate is, suppose a Surgeon accidently leaves a surgical accessory like gauze within the  patient during a surgery, and the patient is unaware of this mistake during the procedure, but has discovered at later stage during a medical assessment that is unrelated to the incident can appeal against the surgeon in the court of law under the Personal Injury Lawsuit.

Defamation

The victims of untrue accusations and character assassination can appeal under Personal Injury lawsuit by producing the evidence of the malice and proving the false nature of the allegations, this can be done by indicating the forum or a platform where the incident of accusation occurred.  Also, the gravity of the case is evaluated after the assessment of damage endured by the victim. The damage can be classified as financial loss, physical and psychological in nature. Hence, by producing the proof of the defendant’s intent to do harm and reckless nature of the accusation the plaintiff can appeal in the court of law. But celebrities and public figures only need to prove the intent to harm one’s reputation irrespective of the truth of the statement.

Dog Bites

These account for frequent incidents where the bite from a dog has resulted in financial and physical damage to the victim. The claim will hold firm, in case the dog has a history of aggressive behavior. The dog bite incidences are subject to strict owner liability rules, and the owners are held accountable despite the dog having no history of aggression. However, the owner responsibility laws vary from state to state. Also in some states “one bite” rules exist according to which the owners are not held accountable till there is an incident involving the dog that has shown no intent to bite.

Assault, Battery and Intentional Torts

Victims of attacks that are a direct result of intent to do harm, the harm can be physical, psychological, financial assets with an intent of malice and deliberation.  This claim, unlike the others, is not based on mistakes or lack of competence, but because of criminal intent to hurt the victim. Thus, the appeal can be moved in civil court seeking compensation for the damage incurred.