The term “personal injury” describes a broad range of injuries. Although these injuries come in all shapes and sizes, they have one thing in common: a personal injury changes your life forever. If you have been injured in an The Law Office of John Vernon Moore, P.A. is here to help.
Essentially, personal injury covers situations in which a person’s body, mind, or emotions are injured, usually due to someone else’s negligence or carelessness. It includes minor injuries such as soft tissue injuries all the way to injuries resulting in a wrongful death, or situations where an injury proves fatal. We are here to help you with your personal injury claim in every possible situation, including but not limited to, car crashes or accidents, motorcycle accidents, boating accidents, trucking accidents, injuries resulting from defective products, slip and fall injuries, injuries resulting in the loss of limbs, traumatic brain injuries, nursing home negligence, and other catastrophic injuries.
If you have suffered a serious injury, you understand the physical, financial and emotional pain that accompanies an accident injury is something that stays with you day after day, year after year. Our goal is to make sure your rights are protected, that you are treated fairly, and that you receive just compensation for injuries you have suffered.
NO FEE UNLESS WE WIN. Our firm provides legal services for personal injury cases on a contingency basis. This means that we will not charge a fee or seek reimbursement for costs advanced unless your case is won. You do not pay any up-front retainer fee in order to obtain experienced legal representation.
We help our personal injury clients struggling to overcome the devastating consequences of serious accidents. If you have been injured due to another’s recklessness, you should not have to pay for that person’s mistake. Even though injuries happen every day, it is fair to say that no one is ever truly prepared to deal with an injury when it happens to them. Personal injuries result in physical trauma of an unexpected event that creates a domino effect – victims of an accident or injury are confronted with a myriad of issues, including missed work, accumulating extensive and costly medical bills, damaged property that needs to be fixed or declared totaled, and many other personal issues. This is why hiring the Law Office of John Vernon Moore, P.A., is so important, because the multiple issues an accident presents to a victim, legal claims should not be something they take on by themselves. We will work with you to obtain the compensation you deserve so you can focus on reclaiming your health and your life.
There is a plethora of rights accruable to individuals under the law. At any point in time, you can as a person, can enforce your right to live free of external injuries inflicted by another person. As such, when the negligent, reckless, careless, or deliberate action of another has caused injury to a person, the injured party can sue for and obtain damages for the injury, whether such an injury is inflicted on victim’s person, the person of another, or victim’s property. This rule is a manifestation of the principle in the Latin maxim of “ubi jus, ibi remedium” meaning that there can never be a wrong without a remedy (thus the law, is there to remedy and grant equity to all those who are in distress by virtue of the actions of others).
Personal injury can be defined as a legal term to mean damage to the human body and the person of another that is inflicted by another individual or person. Personal injury goes beyond the physical and easily identifiable injury to the body. At law personal injury includes an injury to the body, mind, or emotions of the victim. This injury relates to personal injury while property injury relates to proprietary rights and damages.
It is noteworthy to keep in mind that personal injury can both arise out of a tortuous action and a criminal action. This is because the wrong can be conveniently enforced under the laws of assault and battery which entails the criminal infliction or threat of infliction of injury, or physical contact or use of force on the victim without his or her permission. Having said this, we must also include the fact that this is much more difficult to prove because an actual injury or contact must be proven and oftentimes, the remedies available for the victim under the criminal law banner is fewer and less effective than in the tortuous law. This is because while personal injury claims are aimed at regulating human conducts through monetary compensation and fairness, the criminal law is largely punitive in nature and targeted at deterrence and protection of the masses.
Therefore, it is safe to say that the objective in a personal injury lawsuit is generally to recover monetary or economic compensation, rather than punish the defendant. However, in some cases, punitive damages may be sought and awarded for special cases that are born out of particularly egregious or malicious misconduct of the person, product, or company who caused the injury to you.
From the above, personal injury cases are civil cases and an inherent right. You do not have to be in any contractual relationships with the person or entity that injured you for you to enforce this right, however, such a relationship may be effective in enforcing your claim under the law of negligence; what this means is that where a person owes you a duty to exercise reasonable care in their dealings with you, and they fail to do so, resulting in a personal injury to you, you are entitled, subject to the ruling of a court to damages.
Sometimes there may be multiple parties responsible for the injury and as the plaintiff, you can sue all of them to recover the full amount of compensation needed for injuries or you can choose to directly sue the exact person or institution that is involved.
The burden of proof in personal injury cases is relatively lesser than the burden of proof for criminal cases arising out of the same actions. What this means is that you may be able to recover in a personal injury lawsuit, even if the defendant was acquitted of criminal charges arising out of the same conduct.
Always keep in mind that the damages referred to here, is not the meaning of the word in its conventional usage, but it is rather, the amount awarded by the court of law to the injured person for the expenses and injuries suffered by the defendant’s actions. Other remedies accruable apart from damages are settlement and judgment, depending upon the intent or negligence of the responsible party, and the injury suffered by the injured/plaintiff and the severity of the injury. Serious injuries like brain damage, broken bones, and severed limbs associated with intense physical pain and sufferings receive the highest injury settlements.
Reports have it that Personal injury cases represent the most common type of lawsuits filed in United States’ federal district courts.
Examples of personal injury cases include:
- Car Accident Cases: this is obtainable where the faulty party caused an accident or personal injury on the plaintiff due to his/her negligence, careless, or reckless driving. The injured party can sue under personal injury in the law of torts.
- Work Accidents and Premise Liability: these includes injuries which are suffered by employees at their working places due to the failure of the employer to secure the working environment or failure to provide safety measures that could have protected employees and prevented such accidents. Usually, this right could also be enforced where the working platform falls beneath or below the standard provided by the state and a personal injury is caused to another due to that short coming.
- Medical Negligence: This is a major issue in personal injury. No doctor is immune from mistakes. Where doctors and medical practitioners who are supposed to care for and treat patients end up injuring them due to pure carelessness or negligence, or the failure to exercise reasonable care and reasonable skill, and personal injury arises from that, the injured party can sue successfully for personal injury and breach of duty of care. (an acute example of this, is where there is a clear cut proof of negligence otherwise known as res ipsa loquitor; meaning the facts speak for itself. E.g. where medical tools are forgotten in an operated patients, body, or the likes.) Issues of medical malpractice are matters of life and death and shouldn’t be taken for lightly.
- Animal liability: Personal injury can be enforced against a person whose animal or pet inflicts harm on another. You can as a matter of fact get damages for every injury inflicted upon you by an animal belonging to another person. An animal’s owner is not precluded from the injury inflicted on the victim.
- Assault and Battery: We have discussed this briefly under the category of law that the remedy of personal injury comes under. Under law of torts when a person threatens to inflict bodily harm, or even physical contact that is not consented to by a victim, such a person can be held liable for the act of assault and where someone inflicts bodily harm on another person, he can be held liable for battery. Both principles of law provide for remedies in form of damages for medical cost, psychological impacts, and injuries suffered.
You may also want to know that, while you could choose to pursue a case under assault in the criminal law, you can at the same time, sue for civil liability under the law of torts and both can be heard simultaneously.
Personal injury covers situations in which a person’s body, mind, or emotions are injured due to or because of someone else’s negligence or carelessness. Because state laws limit the amount of time in which you must file a claim, delaying can seriously damage your case. CONSULT WITH AN ATTORNEY IMMEDIATELY TO PRESERVE YOUR PERSONAL INJURY LEGAL RIGHTS.
Insurance companies are powerful. Don’t go up against them on your own. As a result, personal injury representation requires an attorney who is thoroughly prepared to fight for your rights and maintain aggressive client advocacy.
From the above, it is pertinent that you need good counsel and representation in order to adequately and successful institute and obtain damages for personal injuries inflicted on you, or even a loved one. Do not keep mute, do not accept the injuries and pain just like that, get good counsel, enforce your right and get the situation remedied.
A competent personal injury lawyer is only a click away.
Contact us today and get the legal representation you deserve from The Law Office of John Vernon Moore, P.A., at (321) 426-0209.
Have you been injured? Call The Law Office of John Vernon Moore, P.A. for a FREE case review of your personal injury claim.
Personal injury cases are filed for various reasons. If a person is injured at work, slip and fall, is involved in a motor vehicle accident or even in a physical altercation, he or she can file a suit against the other party or entity involved.
Negligence is a key component in any personal injury case. Under Florida law, is failing to exercise the degree of reasonable care expected of someone in order to minimize the risk of harm to another person. It is up to our team of highly skilled attorneys to prove that the defendant was indeed negligent in your personal injury case.
After a car accident, you should immediately call the police and remain by your vehicle. After the police have filed a report, you will then need to begin the process of filing an insurance claim. If the other driver was injured or claims to have been injured, you should also begin working with an experienced personal injury attorney as soon as possible.
Proving fault can be a challenge in a car accident case. Having one of our skilled attorney’s to serve as your advocate throughout this process is the best step you can take to ensure that you will achieve a favorable outcome in your case.
SLIP AND FALL
What is a slip and fall accident? Unsuspecting people are injured in falls every day, and some of those falls are the fault of a landowner or a business. People and businesses must keep their premises in a reasonably safe condition for customers or guests. If it can be established that the owner knew or should have known that the property is unsafe, did not remedy the problem quickly they can be held liable. If the issue is not fixed and one is injured as a result, the owner of the property can be held liable.
DRAM SHOP LAW FLORIDA/HIT BY A DRUNK DRIVER
I was hit by a drunk driver can the bar or restaurant be held liable? A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.
DRAM SHOP is summarized an action against a person or establishment who provided the alcohol to the person who caused the injury or damage. Generally, the provider of the alcohol is not liable with certain exceptions. The Plaintiff must prove that the establishment unlawfully sold alcohol to a person under the legal drinking age or served alcohol to a person who is a known habitual drunkard.
The burden to establish liability against a person or establishment to serves alcohol to the at fault party is extremely high.
THE BASICS: HOW TO DOCUMENT YOUR CASE
Get names and phone numbers of any witnesses to the incident.
Take pictures of your injuries or the vehicles involved in the accident.
Document everything that happened in writing to the best of your recollection as soon as you can.
Do not speak with any insurance companies until you have spoken with a qualified personal injury attorney.
Call us so we can evaluate your claim.
DAMAGES: WHAT CAN I RECOVER
You can recover for any medical treatment caused by the accident.
You can recover damages for any income lost because you couldn’t work due to your injuries.
The repair or replacement of your vehicle.
Any pain and suffering you experienced due to the negligence of the other party.
Mental/Psychological harm that you suffered as a result of the other party’s negligence.
You can in limited circumstances recover punitive damages if the other parties actions were intentional or grossly negligent.
You can recover future damages if you are injured severely or need long term medical care.
Punitive damages are damages exceeding compensation and are awarded to punish the at fault party. Punitive damages are not necessarily related to any specific injury or to compensate the injured party for harm caused by the at fault party. They are awarded as a deterrent and to punish the at fault party for intentional acts of misconduct of gross negligence. Punitive damages are awarded with the hope that they will deter the at fault party from any future misconduct.
ARE THERE LIMITS ON PUNITIVE DAMAGES IN FLORIDA? Yes, Florida caps punitive damage awards. Florida does not allow an award to exceed three times the amount award for compensatory damages or 500,000.00, whichever is higher.
Statute of Limitations
Like all other states, Florida has a statute of limitations regarding the amount of time one person has to bring a civil lawsuit in a negligence case: four years from the date the accident or injury occurred.
Your Personal Injury Attorney
If you are the victim/plaintiff in a personal injury case, the team of knowledgeable defense attorneys at The Law Office of John Vernon Moore, P.A. can help. Our extensive experience and knowledge of Florida laws makes us powerful allies in any case.
Call The Law Office of John Vernon Moore, P.A. today to schedule a free review of your case.