Articles Tagged with Key West injury lawyer

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Key West injury lawyer tort claims

If you have ever done a cursory search on filing a personal injury claim in Florida, there is a good chance somewhere along the way you ran across the phrase “tort claims.” But what is a tort?

As a Key West injury lawyer can explain, “tort” is a legal term for a personal injury caused by civil wrongs. The goal of tort law is to right the civil wrongs by “making whole” (to whatever extent possible) the person who has sustained injury, suffering, unfair loss, or some other harm caused by someone else’s careless, reckless or criminal action.

The goal in most Florida tort claims is to recover financial losses and possibly prevent the same type of situation from happening to someone else. Financial Damages can include lost wages, mental and physical pain and suffering, loss of life enjoyment, and medical bills. These are losses already incurred and those reasonably certain to occur in the future. Continue reading

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Key West injury lawyer

In most Florida injury lawsuits, the injured person (plaintiff) needs to show the person or entity they are suing (defendant) violated a duty of care that was owed, resulting in the injuries and financial damages at issue. In some cases, however, the plaintiff can establish the duty of care and the breach of duty using the doctrine of negligence per se. The phrase “per se” in Latin means “in itself” or “by itself.” As a Key West injury lawyer can explain, negligence per se is a legal term that refers to a violation of some statute, law, or regulation enacted to protect individuals in the plaintiff’s same position. Where the doctrine applies, one need only prove the defendant’s actions were the proximate (legal) cause of their injuries.

A recent ruling by Florida’s Second District Court of Appeal dealt with negligence per se in an elevator accident. In the case of Vogel v. Cornerstone Doctors Condominium Association, Inc., the question was whether the defendant property owner acted reasonably with regard to the safety of its elevator. In that case, the Defendant owned a two-story building that houses medical offices. Plaintiff was a patient who went to his doctor to give them his new insurance card. On his way in, he rode the elevator to the second level without issue. Upon departure, he approached the elevator again and found the doors were open. He stepped inside but soon discovered the elevator floor was not properly level, as it was about two feet below the landing. Unfortunately, he did not realize this until after he had taken a step in, and as a result, fell, suffering personal injuries to his neck and back.

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