What is a Florida Tort Claim?
Anyone who has conducted even the most cursory of Google searches on Florida personal injury claims has quite probably come across the term tort claims, but what exactly does that mean?
The word tort is a legal phrase that implies a personal injury was the result of civil violations. The purpose of tort law is to right these wrongs by making the victim, to the extent possible, whole after they have endured an injury, undue loss, suffering, or another kind of harm that was caused by another person’s reckless, careless or malicious behavior.
The aim of most tort claims in Florida is to obtain financial compensation for any damages and perhaps stop a similar fate from befalling another person. Economic losses may include lost income, physical and emotional pain and suffering, loss of quality of life, and medical expenses. These are damages already acquired and those the victim can reasonably expect to endure in the future.
Different Kinds of Tort Claims in Florida
You have probably already heard of some of the more popular kinds of torts, which include but are not limited to:
- Injuries caused by car accidents
- Injuries caused by slip and fall accidents
- Injuries caused by abuse and/or neglect from a nursing home
- Injuries caused by assault and battery
- Products liability
- Psychological trauma
- Medical malpractice
- Defamation, libel, and slander
- Wrongful death
More to the point, there are two classifications of tort claims, intentional and incidental.
Incidental Torts
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.
Intentional Torts
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 with 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.
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.
