Fri 13th Jul | 2018

Florida Tort Law: Laws Regarding Civil Wrongs

Business Litigation Personal Injury BY

At Clark, Fountain, La Vista, Littky-Rubin & Whitman, our legal team focuses on protecting the rights of clients – be they individuals, businesses, injured victims, or wronged consumers – who bring legal action seeking compensation after suffering losses due to another’s actions. In legal terminology, these types of cases are called “torts,” and they are specific area of law governed by unique laws, rules, and procedures.

Generally, torts are a word for civil wrongs which cause harm. In cases involving issues of business law or contractual disputes, this harm can include financial losses suffered by a person or a business. In terms of personal injury law, this harm takes the form physical injuries and other resulting damages, including:

  • Mental and physical pain and suffering
  • Past and future medical expenses
  • Lost income and reduced earning potential
  • Lost quality of life and emotional injuries

When a victim brings a civil lawsuit in order to recover damages, they can seek damages that have occurred in the past (such as the medical bills they incurred immediately after an accident) and damages that can be reasonably expected in the future (such as ongoing medical needs related to serious injuries, disabilities, and future treatment).

In personal injury cases, it is standard practice to delay the filing of a lawsuit until a victim has recovered as much as they are able to recover. This is because obtaining maximum medical improvement will allow for accurately evaluating the full scope of their injuries, and because any future damages are awarded by a jury at the time of trial. In cases where victims do not fully recover, there is a risk that unanticipated damages may arise in the future, and compensation for those damages lost. This is why it’s important for victims to obtain the treatment needed to fully recover and avoid future issues related to their injuries, and why it is important to account for and calculate any future damages that can be reasonably expected in the future when victims suffer serious or permanent injuries, such as spinal cord injuries and paralysis.

Torts may involve intentional wrongdoing, strict liability, or negligence. In personal injury cases, intentional wrongdoing may take the form of violent acts or crimes which harm victims, and strict liability generally applies to cases of defective products and the liability of product manufacturers. Torts involving negligence can include all types of negligence, from medical negligence and legal negligence to libel or slander, trespass, and intentional infliction of emotional distress. Most personal injury cases are torts which arise from negligence.

Tort law varies from state to state. Like every state, Florida is a common law state where judges are required to follow precedent set in similar cases by higher courts. This means trial court judges, including those who oversee personal injury trials, must follow decisions handed down by appeals courts, the Florida Supreme Court, and the Supreme Court of the United States. Judges must also follow statutory laws passed by the state or federal government.

Proven Civil Trial Lawyers with a Reputation of Success

Tort law demands a wide breadth of knowledge and experience, especially when cases involve challenging issues, disputes, and victims who depend on positive results to recover their damages. At Clark, Fountain, La Vista, Littky-Rubin & Whitman, we have earned a reputation for success handling these cases, and particularly personal injury cases, because we make it our primary focus. If you have questions about a potential case and how we can help you, please contact us for a free evaluation of your case.