Personal Injury

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A broad area of law, this tort law involves litigation in which a victim, called the plaintiff, seeks damages (usually money) from another individual or business, which has caused harm, whether accidental or intentional to the victim. Tort Law includes personal injury (such as slip and falls, auto accidents and dog bites), intentional torts (such as civil assault, civil battery, false imprisonment and intentional infliction of emotional distress), products liability and wrongful death.

Damages and Liability

The two components to any personal injury case are damages and liability. Damages refer to the extent of the injury or loss. This includes physical, mental and emotional pain and suffering, mental or physical disability, loss of wages or profits, and all other expenses resulting from the injury. Compensation is intended to restore what a person has lost. Punitive damages, or legal punishment for extremely malicious or willful action, may also be awarded in addition to compensation for losses.

Liability involves proving that the defendant is responsible for the plaintiff's injuries. Liability can be caused by intentional acts, torts, or by negligence. Negligence occurs when a someone(a defendant) fails to take an appropriate action and as a result of that failure the plaintiff is harmed. In order to receive compensation for a personal injury case three things must be proven: first, that the defendant had a legal responsibility to act (or refrain from a particular action), second, that the defendant failed to act in this manner, and third, that the plaintiff's injuries were a result of this breech of conduct.

Most personal injury cases are settled out of court by negotiating with the defendant's insurance company. If a negotiation cannot be reached in this manner, a Complaint must be filed in civil court, most often in the State's circuit court in the county in which the injury occurred.

The Law Office of Timothy L. Dave handles personal injury cases in Central Florida area; including the cities of Orlando, Sanford, Lake Mary, Kissimmee, Altamonte Springs, Oviedo, St. Cloud, and the surrounding areas of Brevard, Duval, Volusia, and Hillsborough counties.

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