Personal injury law is a type of tort law, which is the area of law that protects people from the negligence or harmful acts of others. The main goal of personal injury law is to make people whole after an injury caused by an accident or negligence. The duty can also extend to professionals like mechanics, whose failure to properly repair or maintain a vehicle can directly result in serious accidents. This generally refers to compensation for medical bills, lost wages, and sometimes pain and suffering resulting from an injury.
To seek legal action against someone who has injured you, you must have a set of facts and a legal theory that supports your claim. The collection of facts is called a “cause of action,” and if proven true, allows you to be awarded compensation in a Florida court of law.
Your cause of action limits the evidence that you are allowed to present if your case goes to trial. If you leave out a cause of action, then you will not be permitted to offer evidence for that cause unless it relates to a cause of action you did allege.
For this reason, you need the best personal injury attorney in Pompano Beach by your side. You need a personal injury attorney who pays attention to all the details so you can obtain the best possible settlement. If you’ve been injured through no fault of your own, call LJW Legal today for a free case evaluation.
What Is a Cause of Action?
In tort law, a cause of action is a set of facts used to validate the injured party or plaintiff’s right to sue another for compensation for injuries or damages caused in an accident. It is defined as a condition under which one person would be entitled to sue another.
A cause of action can occur due to an act or failure to act, breach of duty, or violation of rights. The circumstances of the facts of your case will have an impact on your cause of action. In personal injury law, negligence or breach of duty is usually the focus of the cause of action.
Difference Between a Claim & Cause of Action
Simply put, a cause of action is a set of facts that can be used as the basis for a lawsuit. Keep in mind that in legalese, “action” means a lawsuit. So, a cause of action is the legal grounds for a lawsuit. In some cases, there can be many causes of action. These factors will all be taken into consideration in your case. If there is no cause of action, it means that the facts presented do not support a lawsuit.
Your claim is the section of your lawsuit where you state the damages you wish to recover. This is where you detail the compensation you require to cover your medical bills, lost wages, future medical care, and future lost wages as well as pain and suffering.
These claims are what your compensation will be based on, and the cause of action is what supports your claims. While the claim and the cause of action are not exactly the same thing, they are closely connected.
Types of Causes of Action in Personal Injury Claims
Depending on how you were injured, you may decide on one of the following causes of action as the basis of your personal injury claim.
Duty of Care
This refers to the responsibility one person has for the safety of another person. This duty can be created by law or may also fall under the standard of reasonable care. For instance, the owner of a store or shop has a recognized duty to provide a safe environment for purchasing items. The duty can also extend to professionals like mechanics, whose failure to properly repair or maintain a vehicle can directly result in serious accidents. A driver has a duty not to be a danger to other motorists on the road. This may also be referred to as a standard of reasonable care.
Breach of Duty
In this instance, you must show that there was a breach of duty. In other words, someone failed to uphold their responsibility to drive safely or maintain their property in good repair. As with duty, sometimes breach of duty is defined by law, such as when a driver speeds or runs a red light. In other cases, it is common sense and reasonable care, such as making sure there is no oncoming traffic before making a right-hand turn.
Causation
You must be able to link the breach of duty to the cause of the accident. You must prove that the other side’s actions caused the damages to property or the accident that caused your injuries. This means that you must be able to link a person’s reckless driving to the accident that caused your injuries, or a property owner’s lack of repairs, as the reason you tripped and fell.
Damage (Injury)
This is pretty clear-cut. You must have been injured in some way by someone else’s action. The injury can be either physical, psychological trauma, or both.
If you cannot prove one cause of action, it is still possible to prove one or more of the other causes of action included in your claim and recover compensation. If your personal injury lawyer successfully proves a cause of action, the other side is considered liable for monetary compensation for things such as medical bills, car repairs, lost wages, and pain and suffering caused by your injury.
It is essential to recognize that different causes of action have distinct statutes of limitations. The statute of limitations lays out the time limit or deadline you have to file a lawsuit.
Answering the Causes of Action
When you file a lawsuit or claim with the court, the defendant will get a copy of the complaint, including the causes of action. The defendant is served with a complaint and summons, and they have thirty days from the date of receipt to file their written response.
The defendant’s written responses will answer each cause of action in your complaint. They may include counterclaims or legal defenses that the court needs to hear. They will most likely try to disprove each cause of action. This can range from limitations not being met to claiming that no damages or duty is owed to the victim.
Statute of Limitations for Florida Personal Injury Claims
When filing a personal injury claim, it’s essential to consider the personal injury statute of limitations Florida residents must adhere to. For most common personal injury lawsuits based on negligence, this statute is two years from the date of injury. This new statute of limitations was enacted in March 2023, replacing the previous four years.
Most common personal injury lawsuits, such as car accidents, slip and falls, and premises liability, fall under the general category of negligence. For these, the two-year statute of limitations applies. Failure to file within this period can result in losing the right to seek compensation, regardless of your claim’s validity. However, there are several exceptions.
The deadlines may vary for specific cases, such as medical malpractice, cases involving minors, wrongful death, or intentional torts. Florida’s “rule of discovery” may also apply (starting the clock at the date of injury discovery rather than the date of injury). Due to the complexities of these cases and the varying deadlines for each, it’s critical to speak with a knowledgeable attorney to best guide your case.
Importance of Evidence for Your Cause of Action
When it comes to cause of action, personal injury claims rely on substantiating evidence. This evidence is the cornerstone of your claim and your legal basis for seeking compensation. Whether you’re pursuing a case for a car accident, slip and fall, or medical malpractice, you must be able to show that the other party’s actions directly led to your injuries and resulting damages. Solid evidence strengthens your case and gives your attorney the tools needed to negotiate effectively or argue on your behalf in court.
Key types of evidence include:
- Medical Records. Documenting the extent of your injuries and treatment.
- Photographs. Of the accident scene, your injuries, or hazardous conditions.
- Witness Statements. Supporting your version of events.
- Accident Reports. Filed with law enforcement or property managers.
- Expert Testimony. Especially in complex cases like product liability or medical malpractice.
In Florida, where the personal injury statute of limitations now allows claimants only two years to file, a timely gathering of evidence is more crucial than ever. Waiting too long can result in missing documents, faded memories, or lost opportunities to preserve key facts.
At LJW Legal, our team works diligently to help investigate your accident and gather evidence on your behalf while you focus on recovery. This helps ensure that strong, persuasive proof supports your cause of action in a personal injury case.
Steps our attorneys may take when gathering evidence include:
- Client Interviews
- Collecting Medical Records
- Requesting Official Police Reports
- Gathering Traffic Camera Footage & Surveillance Video
- Interviewing Eyewitnesses
- Consulting Subject Matter Experts
- Hiring a Crash Scene Investigator
- Hiring a Private Investigator
- Preserving Physical Evidence
- Putting Together a Timeline of Events
- Preparing Evidence for Trial
How a Personal Injury Lawyer Can Help
Choosing the right cause of action is key to the success of your personal injury case. Of course, you want to make your case as strong as possible. The best way to figure out the causes of action that will make your case the strongest is to speak with an experienced personal injury attorney about your case. A lawyer will go over your legal rights and options. They are familiar with the elements that must be proven and the statute of limitations for each cause of action, if applicable.
A Pompano Beach personal injury attorney can help make sure your rights are protected. Personal injury cases are rarely as simple as they seem at first glance. There are specific legal procedures you must follow and deadlines you must meet if you want your case to succeed. The rules of jurisdiction determine the different types of pleadings, and understanding them can always help. If you’ve recently been injured in a car accident, a slip and fall accident, malpractice, or other situation that was caused by someone else’s negligence, contact LJW Legal today. We’re ready to fight to make sure you get the compensation for your injuries that you deserve.
