What Are Tort Claims in Florida?

What Are Tort Claims in Florida?

As any personal injury attorney in Florida can tell you, “tort” is legal terminology for personal injuries produced by civil violations. The aim of tort law is to right these civil wrongs by making whole, to whatever extent may be possible, the individual who has endured the injuries, suffering, undue loss, or some other damage brought on by another person’s reckless, negligent, or criminal actions.

The purpose of the majority of tort claims in Florida is to recoup your economic losses and perhaps stop the same kind of injury from occurring to anybody else. Monetary losses could include lost income, physical pain, emotional trauma, suffering, loss of quality of life, and medical costs. These are damages that were already sustained and damages we can be reasonably certain will take place in the future. 

Kinds of Florida Tort Claims

Most people have already heard of some of the most popular kinds of torts, including:

What Are Tort Claims in Florida?

  • Automobile accident injuries
  • Slip-and-fall/Trip-and-fall injuries
  • Nursing home abuse and neglect injuries
  • Assault and battery injuries
  • Product liability
  • Emotional trauma
  • Medical malpractice
  • Libel, slander, and defamation of character
  • Violation of privacy
  • Animal attacks (e.g. dog bites)
  • Wrongful death.

There are two basic kinds of tort claims: Incidental and Intentional.


An incidental tort claim is the more popular of the two. It typically involves negligent, careless, or even reckless actions that caused some kind of accident and subsequent injury. For instance, someone overestimates how much time they have to safely execute a lefthand turn and they end up causing a two-car accident, or a club with a reputation for being a hotbed of criminal activity fails to employ an adequate number of bouncers and other security staff.  

Incidental torts are circumstances in which one person owes another person a duty of care and fails to fulfill that duty, causing some degree of injury. Establishing fault is the main requirement for winning these tort claims.


Contrariwise, an intentional tort claim is one that, almost always, has to do with a criminal act. These kinds of claims are held to a much higher burden of proof.  

An intentional tort claim would involve physical violence, such as battery, assault, sexual assault, trespassing, and invasion of privacy, just to name a few.

As with every kind of personal injury case, the endless number of variables makes your claim unique. 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.

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