Just south of the Palm Beach County line, Deerfield Beach has a rich history and was named after the numerous deer that once roamed the area. Today, the city is the home to fewer deer, but more than 75,000 residents, and it is a principal city of the tri-county metropolitan South Florida area. For residents of Deerfield Beach and those visiting the area, the risk of suffering a personal injury is no different than anywhere else in the nation. Personal injury law covers a broad array of issues relating to when a person has been physically or emotionally injured and/or his or her property has been damaged due to an accident and negligence of another.
The legal term for personal injury law is “tort” law, which is the French term for ‘wrong.’ Tort law allows an injured victim to seek compensation when another’s carelessness, recklessness, or intentional act injures or damages the person or his or her property. A classic example of an incident covered by tort law is an auto accident. Once a lawsuit is filed, the person accused of the wrongdoing is referred to as the “defendant” while the injured victim is called a “plaintiff” or “claimant.”
Generally, state law governs personal injury lawsuits, but federal or even international law may govern the claim in certain situations. For example, if an injury is suffered on federal property, it likely will be covered by the Federal Tort Claims Act. Likewise, liability or injuries suffered in an airplane crash may involve international treaties. Personal injury law is focused on determining who may be responsible, or financially liable, for causing the injury and how much that party should pay for any damages that resulted.
A personal injury victim may seek compensatory damages in his or her Florida claim. The purpose of compensatory damages is to compensate the victim or make him or her whole again. There are two types of compensatory damages that are available to personal injury victims under the law – actual and general. Actual damages are meant to reimburse the victim for out-of-pocket expenses that he or she incurred and/or financial losses sustained as a result of the accident.
Generally, actual damages include monetary compensation for:
General damages, on the other hand, includes compensation for losses that cannot be accurately documented in monetary form such as:
In certain cases, a court may award punitive damages if the defendant’s intentional conduct or gross negligence was so bad it warrants punishment in the form of monetary damages. Florida law caps the amount of punitive damages to which a plaintiff is entitled to three times the amount of compensatory damages. If the court finds the defendant had a specific intent to harm the claimant, there is no cap.
With more than 25 years of legal experience representing personal injury victims across the state of Florida, Deerfield Beach personal injury attorney Joseph I. Lipsky and his firm will fight to ensure you and your interests are well represented in court and/or the negotiating room. Do not delay. Call 954-693-0073 or click here today to schedule your free, initial, case evaluation with one of our seasoned attorneys.