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Long, Jean & Wechsler, P.A.

Long, Jean & Wechsler, P.A.

Personal Injury Attorneys in Pompano Beach Florida

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  • Home
  • Areas of Practice
    • Animal Attacks
    • Boating Accidents
    • Car Accidents
    • Elder Abuse & Nursing Home Neglect
    • Medical Malpractice
    • Motorcycle Accident Lawyers in Pompano Beach
    • Pompano Beach Product Liability Lawyers
    • Slip & Fall Accidents
    • Truck Accidents
    • Workers’ Compensation
    • Wrongful Death Lawyers in Pompano Beach
  • Legal Team
    • Lyle R. Long, Esq.
    • Alex Jean, Esq.
    • Ryan Wechsler, Esq.
    • Len Blumenthal, Esq
  • Case Results
  • Pompano Beach Law Firm Testimonials
  • Blog
  • Contact Our Personal Injury Law Firm in Pompano Beach, Florida

Florida Causes of Action in a Personal Injury Claim

March 27, 2021 by Lyle Long

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. This generally means compensation for medical bills, lost wages, and sometimes pain and suffering caused by 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 get the best settlement possible. 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 a 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 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 will all factor into your case. If there is no cause of action, this means the facts presented won’t 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 offer a safe place to purchase items. A driver has a duty to not 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 did not uphold their responsibility to drive safely or keep 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 as the cause of the accident. You must prove that the damages to property or the accident that caused your injures were caused by the other side’s actions. 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, emotional 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 important to understand that different causes of action have different 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 the compliant with a summons, and they have thirty days from the date they receive the complaint to file their written responses.

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.

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 proved and the statute of limitations for each cause of action if they differ.

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. 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.

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Category: Personal InjuryTag: personal injury settlement
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1937 E. Atlantic Blvd. Suite 205
Pompano Beach, FL 33060


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Long, Jean & Wechsler, P.A.
Long, Jean & Wechsler, P.A.
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arletty fernandezarletty fernandez
21:24 13 Nov 22
Ryan and Helen were very thorough and diligent with my case. This was my first time having to hire for this type of service and am honestly thrilled to have been referred to such a diligent, efficient and caring team. They made sure to stay in touch and keep me updated all throughout my case. HIGHLY RECOMMEND. Thank you all for your excellent care.
Florane FleurinorFlorane Fleurinor
14:52 03 Oct 22
Very good, professional and responsible lawyer. His office was in contact with me every time they had new information. Step by step Mr. Alex Jean would explain to me what is going on with my case. I didn’t have to wait for years for results. So far from what I hear from other people about their cases Mr. Alex Jean is the best. And I will reference my family and friends you and thank you so much
alexis Johnsonalexis Johnson
20:35 13 Sep 22
Ryan Wechsler is by far one of the best lawyers around. He gave me the assurance that everything was going to be okay. He is a very professional, respectful, knowledgeable, enthusiastic, and an honest lawyer. His entire team (Daniela & Helen) was amazing. Very pleasant and kept me up to date every step of the way during my case. Ryan fought hard for me! I’m very thankful for all of his hard work and everyone at Long, Jean & Wechsler. If you’re ever in need of a great legal team give them a call.
Saif PowerSaif Power
14:59 30 Aug 22
Lyle was a pleasure to work with, he delivered on his promises. He was very prompt with his responses and very helpful when we first touched base. I’d definitely take him again on any relevant case.
Luiz CentLuiz Cent
02:15 13 Jul 22
I hired Alex Jean for a personal injury case and little did I know I was going to get world class treatment.I was referred to the best Chiropractors in Miami and then when I moved to St.Pete the LJW team had great connections there too.My Tesla is as good as new, my back is recovering and not to mention the settlement from the insurance. If I didn’t hire them I’d still be trying to recover money from insurance to fix my car.⭐️⭐️⭐️⭐️⭐️ If you need a personal injury attorney I 100% recommend Alex Jean and the team at LJW.
Princess Maryam Abdul-AkbarPrincess Maryam Abdul-Akbar
16:29 07 Jul 22
Ryan Wechsler is an excellent attorney. He worked tirelessly on my case, which was a difficult one to begin with. When other attorneys were given me issues to take my case, he was the only one that was reassuring and determine to seek justice for me. I completely trusted his counsel. Had it not been for Mr. Wechsler I would have accumulated a lot of debt. I am forever grateful that he accepted my case.
Angelina AkkadAngelina Akkad
12:47 30 Jun 22
Ryan and the team are absolute rock stars! I got a recommendation from a good friend to use them, and I was not disappointed. They solved my issue with one strong letter and avoided a bad situation and lots of time and $$$ saved. I will definitely be using them again if the need ever arises.
Micheca AristildeMicheca Aristilde
19:46 08 Jun 22
Very good firm. I had an unusual case. A crane dropped on my car the week of Christmas. Considering the fact my accident occurred during the holiday season, Lyle and his paralegal, Helen, ensured that I received treatment the same day, got a rental, and even settled my case in less than 6 months.They were extremely polite, communicative, and on top of everything. I highly recommend reaching out to them for great legal representation.
GatorGator
19:20 08 Jun 22
Worked with Ryan and he helped me navigate the process of our law suit. Was in great communication throughout the process. 5 stars
Patrícia OsorioPatrícia Osorio
02:16 08 Jun 22
We had a great experience with Lyle and their team. The communication worked great, they had the patience to explain all the details to us and were responsive to our questions. We got a great settlement.
Perry CrawfordPerry Crawford
18:55 15 Apr 22
Lyle and his law group conducted themselves professionally and were very caring and concerned about my injury. My recovery was foremost on their minds.He fought for me relentlessly and got me what I truly deserved. His confidence and tenacity won the case decisively.Thanks Lyle.
Andrea ChlimperAndrea Chlimper
17:18 15 Apr 22
I highly recommend Lyle Long and his firm. Additional to a very very good settlement amount, Lyle and his staff were a pleasure to work with. Lyle walked me through the entire process from the moment I contacted him regarding my automobile accident. They were excellent with communication, returning my calls/emails and keeping me informed with updates and progress. Unfortunately, this is my 2nd time hiring his firm. My first experience was that positive that I never thought about hiring another firm to handle my legal matter.
TT
20:04 28 Mar 22
I highly recommend using this law firm. They’re super friendly, super helpful and very very professional. They had everything under control and dotted all the i’s and crossed all the t’s. I couldn’t be more happy with there service!!!
Viral-_-buildzViral-_-buildz
18:44 01 Feb 22
I got Into an accident 8/13/2021. A friend of mine told me to contact Ryan, I reached out to him the day after my accident ( which happened to be a weekend day ) and he immediately got right on the case. He was very helpful and I was literally able to reach out to him by phone or text any day and any time. He is always available. He set me up for all of my medical treatment and made sure I understood the whole entire process. He’s a great lawyer and is really on your side. My case was resolved in 4 months and my settlement was way more than I expected. I couldn’t be more thankful for him and his staff. They are excellent.Thank you Ryan,Latia J
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