I Was Injured, What Can I Do?

I Was Injured, What Can I Do?

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If a person is injured by the fault of another that person is entitled to money in order to make them whole.  The idea is that even though the wrongdoer cannot take back the injury caused, he can be made responsible for providing money to improve the quality of life of the person he or she injured.  This is an area of the law known as torts in the legal community and more commonly referred to as personal injury.

There are three general ways that a person can be responsible for injuries caused to another under the law.  One such way is when the wrongdoer does an intentional act that causes an injury to another.  The second way is when the wrongdoer does some act or fails to do an act without the intention that injury occur but which a reasonable person should have known would cause injury to another, this is negligence.  The third way is when a wrongdoer does some act that is not negligent or is not intended to cause injury, but is some act that has been deemed by the legislature to bring about “strict liability.”  Strict liability is a doctrine that makes a person responsible for the consequences arising out of performing certain acts, regardless of whether the person was acting within the proper standard of care.  In essence, these are activities that the lawmakers have deemed so dangerous that whoever is doing them proceeds at their own risk because they will be held responsible for any injuries arising out of the activity even if they exercised the outmost care in performing the activities.

Examples of intentional acts:

  1. Someone stabs another at a bar.
  2. Someone is pushed off a ledge intentionally.
  3. Someone is intentionally run over with a car.
  4. Someone is punched in the face.

Examples of negligent acts:

  1. Car accident where the driver who caused the accident was distracted.
  2. Slip and fall where the owner of the premises failed to remove the danger that caused the slip and fall. (Puddle of water, banana peel, newspaper).
  3. A person is victimized by a third party in a place because the owner of that place failed to provide an adequate amount of security to prevent crimes from happening at his locale.
  4. A medical professional is careless when doing a procedure and the patient is injured as a result.

Examples of strict liability:

  1. A person is injured by someone else’s wild animal where the injury caused results from the dangerous propensities that are characteristic of that animal.
  2. Injuries caused from the storing of ultra-dangerous products like uranium.
  3. Injuries caused from ultra-hazardous activities like demolition work or hauling of dynamite.

What remedy do I have if I have been injured?

If you have been injured through the acts of another you may able to received money damages.  The amount of money that you are entitled to varies depending on the nature of the injury, the extent of the injury, and factors such as loss of wages, loss of consortium, etc.  If you’d like to know more about the types of damages available to you in Florida see our article on damages.

If you have been injured through the fault of another we know that this can be a very difficult time.  You do not have to deal with it alone, we would love to help.  Give us a call.

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About Igor Hernandez

I am one of the partners here at Cornish Hernandez Gonzalez. I specialize in criminal defense and personal injury. I am an avid student of the art of trial advocacy and look to master that art every day.

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