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Understanding Cause Of Action In Personal Injury Claims


The laws governing a personal injury claim is included under tort law. The definition of tort law is the area of law that protects the individual from the bad or negligent acts of other persons. The primary purpose for personal injury law is to compensate for damages incurred by the injured party and to act as a deterrent to others who commit the same acts.

When Can You Seek Cause of Action

Florida law allows injured victims to file a personal injury lawsuit if the accident they were in resulted in serious injury to them. Serious injury is defined under Florida law as the following:

● Significant and permanent scarring and disfigurement
● Significant and permanent loss of body functioning
● Permanent injury
● Death

You and your attorney must have a set of facts or legal theory that supports your claim if you plan to seek legal action against the at fault driver. These facts and legal theory are referred to as “cause of action”. If the cause of action is found to be true, you will be entitled to collect recovery by a Florida Court of Law.

How Is Cause Of Action Defined?

To succeed on a cause of action, the plaintiff, which is you, will have to prove each set of facts that will support your claim. Called “elements” these facts often overlap each other. Most personal injury cases center around the at fault driver’s negligence. Negligence has four elements that must be demonstrated in order for you to recover damages on your claim.

● Duty: It is a duty or responsibility that a person has for the safety of another. This may be determined by law, or as a result of a standard of reasonable care. For example, it is a duty to drive the speed limit so as not to endanger other drivers.
● Breach of Duty: One of the most important elements to prove; breach of duty is when you demonstrate the person you are suing (defendant) did not practice reasonable care. An example of this is if the driver who hit you ran a red light.
● Causation: The breach of duty by the defendant is what caused the damages incurred by the plaintiff.
● Damage: An actual injury must be present.
●  When you, the plaintiff proves a cause of action successfully, then the defendant will be held liable for all damages.

Damages Covered In A Personal Injury Case

Damages are the degree of the harm you have endured as a result of the accident. You may be entitled to damages that include:

● All medical expenses.
● Future and necessary medical expenses.
● Lost wages as a result of the accident.
● Loss of earning capacity if you cannot work or have to take a lower paying job.
● Damages for permanent disfigurement.
● Property damage.
● Caregivers to perform services you can no longer complete due to your injuries.
● Emotional pain and suffering.
● Loss of consortium for the damages suffered by family members for the injuries or death that was caused by the defendant’s negligence.
● Burial and Funeral Costs.

Contact A Personal Injury Attorney

If you have been injured in an accident and are interested in your legal options when it comes to filing a claim, speak with the team at Justice Pays. Our personal injury attorneys are familiar with the laws in Southwest Florida and can help identify the parties who may be legally liable for your injuries, communicate with the insurance companies, and collect all relevant information related to your case. Then can negotiate a fair settlement for your damages often with the insurance companies to avoid a lengthy court case. Contact us today for a free case review to learn more!

Stephen M. Fernandez developed a strong belief in justice and fairness in public policy while earning his Political Science degree prior to attending law school. Since joining the Florida Bar Association in 2004, Stephen Fernandez has combined his background in public policy, business administration and civil law to serve as a highly effective trial lawyer fighting for Florida's injured, working hard every day to make sure his clients get what they are owed.

Understanding Cause Of Action In Personal Injury Claims

Goldman Babboni Fernandez
Murphy & Walsh




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