West Palm Beach Personal Injury Attorney

Physical or emotional injury, or damage to personal property is legally considered “Personal Injury”. Such injury or damage may be in violation with personal injury laws when resulting from the carelessness, negligence, recklessness, or intentional actions of another person or entity. Personal injury law is also called “tort” law, and stipulates tat the injured party may seek compensation for damages. Tort laws protect your rights. Throughout the diversity of types of tort laws, generally speaking, tort actions have three common elements. All three revolve around the concept of "duty," basic societal responsibilities we have to one another. For a personal injury law to be violated, there must be a legal duty - explicit or implicit - between the defendant (the one doing the wrong) and the plaintiff (the person injured); there must be a substantiated breach of that duty; damage must occur as a result of that breach. When all three elements take place, a personal injury, or tort, has occurred.

The structure and laws of our society place demands on all citizens not to harm one another. This freedom from harm extends to possessions. When you or something that belongs to you is harmed by another, that person or entity becomes liable to answer to the tort laws governing the situation. Liability can be assigned to intentional, willful acts or negligence. An intentional act is designed to cause harm or injury, while a negligent act is the failure to take action, resulting in harm. Damaging a car with a baseball bat is intentional; damage caused by careless driving is negligence (either of these my also be considered criminal actions). In either case, the duty of the defendant not to injure you or your property has been broken.

In some cases, the duty of one entity to protenct others from harm is so strict that intention or negligence is irrelevant; if injury occured, the law has been broken. A good example of this, called "strict liability," is the arena of manufacturers, consumers, and products. Manufacturers assmue the duty of selling safe products. If an injury occurs as a result of otherwise correct use of a product, under the terms of strict liability there is no need to prove intent or negligence, only that the product was defective and caused harm.

Once a personal injury has occurred, the defendant is responsible for rectifying the situation. The first step in this process is quantifying the injuries sustained. “Damages” is the term for this. It is common for this step to first occur through insurance companies, as in the case of car accidents or workers compensation cases. Often, however, the damages offered may not fully compensate for the loss. For example, if you have suffered physical injury and have not been able to work, the settlement offered may only take into account medical expenses, and not the lost wages. Personal injury law is the legal mechanism for seeking justice in such a situation.

If you have been the victim of a personal injury, there are several things you can do to help yourself. First and foremost, seek medical attention and follow up with the proper authorities and your own insurance company. In the case that you believe that your injury was caused by the carelessness or intentional act of another, it is essential that you contact an attorney. Such contact is in no way binding you to litigation; rather, it is the opportunity to discuss your options with an expert. Avoid discussing the situation with strangers and/or insurance representatives who are not from your own insurance company; do be cooperative with the police, your own treating physicians, and your own insurance company. Being that most personal injury cases are covered by a statute of limitations (a time limit on legal action), it is important to contact as attorney as soon as possible after your injury.

If you or a loved one is in need of legal assistance, call The Law Offices of Casey D. Shomo at (561-659-6366) or submit an online questionnaire. The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. In many cases, a lawsuit must be filed before an applicable expiration date, known as a statute of limitations. Please call right away to ensure that you do not waive your right to possible compensation.