Using a Personal Injury Law Firm in a Tort Case

Thu, Jun 9, 2011

Personal Injury

Florida Personal Injury Law FirmSometimes injuries happen because of intentional neglect, and sometimes it’s an accident. For both cases, the law has provisions for compensation because of these acts. These acts are called Torts.

There are three basic types of torts as recognized by the law: negligent torts, intentional torts, and strict liability torts. Each type of tort has its own system of recovery and law procedure. To find out the exact differences between the types of torts, and the legal aspects of them all, it is best to contact a Florida Personal Injury Law Firm.

An intentional tort is an act in which the tortfeasor (the one committing the offense) caused damage on purpose, and while knowing the consequences of his actions. These torts could include battery, assault, trespassing, slander, and defamation. In these cases the plaintiff must show that the defendant who committed the tort knew what he was doing, knew the consequences that would happen, and continued in the act. Proof of injury is not always necessary. In cases of battery or assault, the defendant may provide proof that it was done in an act of defense and therefore not be responsible for damages caused.

The hardest tort to prove is the strict liability tort. This tort would include an injury caused because of a wild or dangerous animal which would make the owner of said animal responsible, and therefore liable. This tort states that the defendant is liable regardless of fault or even knowledge of damage. This would include any persons that would be involved in a dangerous activity including crop dusting, demolition, manufacturing of explosives or harmful chemicals, and the use of them. It is most important to prove cause in this liability case, as fault does not matter and isn’t taken into consideration.

The most frequent case of tort is the case of negligence. In this case the plaintiff must prove that he suffered an injury caused by the defendant’s breach of duty in providing proper care for the plaintiff. Like an intentional tort, the plaintiff must prove that the defendant had knowledge of the consequences of his neglect toward the plaintiff. The court must decide that the defendant behaved less carefully than any other average person in the same situation. Children are held to a lower standard while health care professionals may be held to a higher standard.

In any tort case the burden of proof falls on the plaintiff and not the defendant. A Florida personal law injury firm would be able to assist you in deciding how much proof you will need for your individual case and can help you present the best case possible.

It can be difficult to find a personal law injury firm in Sarasota, Florida. However, doing a search on the internet, looking in the phone book, or asking around at local places is a good way to gain information about the area and what services are available.

If you are looking into a tort law case, it usually means something terrible has happened. It can be a frustrating and emotional time but finding a Sarasota Attorney that is knowledgeable in cases like yours is vital to getting the best outcome and compensation for your experience.

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