subject: Basics of Personal Injury Related Legal Theories [print this page] Basics of Personal Injury Related Legal Theories
Any injury lawsuit in Florida needs to have its basis on any of the three types of tort liability theories existent in the state. The application of a certain theory requires understanding of the laws and their interpretation. For this reason, you need to find a personal injury lawyer to work on your behalf.
You may not have an in-depth knowledge of the injury laws; however, it would be of help if you have a basic idea about the tort liability theories. Here is a quick look at the basics of these legal theories as applicable on a Naples injury case.
Intentional Tort Theory comes into play when the entity responsible for the incident, causing the injuries, was aware of the consequences at the time of committing the act. Apart from physical injuries, defamation, libel (using print/television/radio) and slander (using verbal form), is also within this category.
Suppose an individual hits you intentionally to cause harm. You suffer injuries for this. If your lawyer is capable of establishing the causation between the two as well as the malicious intent, you may be able to recover compensatory damages (to settle for your losses) and punitive damages (to punish the wrongdoer).
Negligence Theory is perhaps the most common basis of these cases. To establish this, aNaples personal injury lawyer needs to establish there was a duty to care, there was a breach of this duty, there were injuries to another, there was a causation relation between the breach and the injuries.
Suppose the driver who hits you is drunk. In such a state, he would not be able to adhere to the duty to care, for other drivers and pedestrians. His negligence is the cause of your injuries. In this case, you may get a fair and adequate' compensation to cover your economic and non-economic damages from the negligent entity.
Strict Liability Theory applies when the defendant's activities are a proximate cause of the plaintiff's injuries. There is no need to prove negligence or ill intentions lawyer needs to do is establish the activity as a proximate cause of injuries. This encompasses dangerous activities of individuals, premises and products liability, and so on.
Suppose a faulty braking system on the driver's car was the reason of the accident. In such a circumstance, your lawyer would need to assess responsibility of the manufacturer or seller for the injuries. If there is a defect in the design, manufacture or marketing, the responsibility for the accident shifts from the driver to the manufacturer or seller.
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