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Cause of Action? Personal Injury 101

— January 15, 2021

Each state has their own laws about how long from the date of the accident you have to file your personal injury suit.

Statistical data collected in 2017 by the National Center for Health Statistics found that there were over 72 million hospital visits due to injuries. Personal injury law states that an injured person can go to civil court to seek a remedy or damages for all the losses they incur as a result of the accident. If someone behaves in a careless, reckless, or negligent manner, resulting in an injury, then according to the cause of action legal theory, the victim has the right to seek compensation against the party at fault.

Personal Injury Law Principles

The following scenarios could be tried in civil courts as personal injury law cases: 


If someone acts in a way that can be deem negligible in civil court and it leads to an accident that causes harm or property damage to another, then that individual or entity could be tried in a personal injury suit. For example in the instances of medical malpractice, motor vehicle accidents including cars, commercial vehicles, motorcycles, and pedestrians, as well as slip and fall accidents, and wrongful death claims. 

Deliberate Acts

Crimes will be tried in the criminal courts by local, state, and federal legislators however victims of intentional torts still could be entitled to damages, when they’ve suffered injuries or property damage. 

Defective Merchandise

Manufacturers, retailers, and individuals could be held liable if their products are defective, especially when product malfunctions lead to death, injuries, or other damages. 

Character Defamation

If a statement issued by an individual, business, or entity harms the reputation of another then those parties could be sued for defaming the defendant, especially if those statements are based in prevarication and lead to loss of revenue.

Successful Personal Injury Claims

To win a personal injury claim the following elements need to present in your cause of action:

Duty of Care

Yellow “Caution: Wet Floor” sign on wet floor; image by T.H. Chia, via
Yellow “Caution: Wet Floor” sign on wet floor; image by T.H. Chia, via

All parties including individuals, companies, and government entities have a legal responsibility to others to act with care without causing injuries or harm to others. An adept attorney in your personal injury case will evaluate how the defendant performed in comparison to other reasonable circumstances. The following are examples of duty of care:

  • Companies ensuring that their products are safe to use or labeled effectively in instances of danger
  • Drivers obeying the local, state, and federal laws governing how to properly conduct, and license their vehicles
  • Business owners providing a safe environment for their employees and customers 

Breach of Duty

To establish cause of action in your case, you will have to establish that the defendant breached their duty of care by failing to meet certain criteria. For example, a construction company requiring their employees work in unsafe conditions that go against the laws outlined by the Occupational and Safety Health Administration. 

Cause and Effect

Causation is important when determining cause of action in a personal injury case. Your legal team has the responsibility of demonstrating how your property damages, or injuries were as of a direct result of the incident in question. If you have sustained injuries that don’t apply to the particular breach of duty in question, then your claims may be denied. 


In a successful personal injury claim the victim will be entitled to damages including their medical expenses, wages lost from time missed out of work, and trauma due to pain and suffering. 

Each state has their own laws about how long from the date of the accident you have to file your personal injury suit. Consult with personal injury lawyers in Fort Lauderdale right away to seek justice in your case. 

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