Different Kinds of Florida Tort CasesTampa Bay Legal News
Anybody who has embarked on even the most basic Google search about personal injury claims in Florida has undoubtedly seen the phrase tort claims more than a few times, but might be unclear about what it means.
The word ‘tort’ is legal nomenclature that indicates that a personal injury was caused by a civil violation. The objective of tort law is to compensate for the violations, to whatever degree possible, by making the victim whole after enduring undue loss, injury, suffering, or any other sort of loss that was the direct or indirect result of someone else’s careless, reckless, or nefarious actions.
The goal of the majority of Florida tort claims is the receipt of financial compensation for all damages and, hopefully, to prevent a comparable loss from befalling another victim. Monetary losses can include things such as lost wages, emotional and physical pain and suffering, decreased quality of life, and medical costs. These include economic losses already amassed by the victim and those reasonably expected to be endured in the years to come.
Different Kinds of Tort Claims in Florida
You are most likely already familiar with a few of the more common types of torts, including injuries caused by:
- Motor vehicle accidents
- Slip and falls/trip and falls
- Nursing home neglect or abuse
- Assault and battery/Aggravated assault
- Defective products (Product liability)
- Emotional trauma
- Medical malpractice
- Slander, libel, and defamation
- Wrongful death
Beyond this, there are two groups of tort claims, incidental and intentional.
An intentional tort usually centers around a criminal act. These claims, while also brought to account within the criminal justice system, are held to a higher burden of proof, and the victim is not guaranteed to receive financial compensation. This is due to the fact that attempts at rehabilitative justice aside, making the victim whole again is not the goal of this kind of tort but rather to punish the offender.
An incidental tort is the more popular of the two tort classes. It often has to do with the careless, reckless, or negligent actions that caused the accident and, by extension, the injury.
Incidental torts deal with circumstances wherein one person owed another a duty of care and failed to provide it, causing measurable harm to someone else. Establishing fault is key to a successful outcome in these types of cases.
As with every kind of personal injury case, the endless number of variables makes your claim unique. Someone with a case that sounds very similar to yours could end up with a very different outcome than what you should expect. This is just one of the many reasons why hiring a skilled attorney is beneficial to your Florida personal injury claim.
Your attorney will know the most thorough and efficient way of collecting vital evidence that proves you were not at fault for the accident. Establishing this fact is essential to the success of your Tampa personal injury case.
If you have sustained injuries during any kind of accident that was caused by another person’s negligence or carelessness, there is evidence out there that will substantiate your claim. A reputable personal injury attorney from Fulgencio Law will be able to help you. Call us at (813) 463-0123 to schedule your free Tampa personal injury consultation today.