Last Updated: August 10th, 2020 at 10:22 pm
Read Time: 5 Minutes
Personal injury law falls under the umbrella of tort law, which
is defined as the area of law that protects individuals from
the bad or negligent acts of others. The primary aim of personal
injury law is to provide relief for damages incurred, and
to deter others from committing the same acts.
In order to seek legal action against an at-fault individual,
a victim must have a set of facts or legal theory that supports
their claim. This set of facts is referred to as a "cause
of action," and if true, entitles the individual to be awarded
recovery by a Florida court of law.
Cause of Action in Personal Injury Claims
A cause of action can come from an act or failure to act, as
well as a breach of duty, or a violation of rights. Legally,
cause of action is defined as a condition under which one
party would be entitled to sue another. The facts or circumstances
of each specific case often have a significant impact on
the cause of action. In personal injury law, cause of action
is primarily focused around negligence, such as breach of
In order to file a personal injury lawsuit, the party bringing
the matter to court must file a document called a "complaint."
This individual is typically referred to as the "plaintiff,"
and the individual being sued is known as the "defendant."
In the complaint, the plaintiff outlines the the alleged
facts of the case, any theory by which alleged actions are
wrong or illegal, and the relief sought from the court.
In a personal injury claim, the plaintiff may bring more than
one cause of action. It is common for the facts of a case
to create multiple causes of action, each of which is addressed
in the same complaint. These causes of action can be cumulative
such as "The defendant did A, B, and C" or alternative
such as "The defendant did A or B." If the plaintiff prevails
on any of his or her causes of action, then the court will
grant whatever remedy is prescribed by law.
How Are Causes of Action Defined?
To prevail on a cause of action, a plaintiff must prove each
of the set of facts that supports their claim. These facts
are referred to as "elements." Cause of action elements often
overlap, especially in personal injury. Personal injury cases
typically center around negligence, which has four elements
that must be present in order for the plaintiff to recover
on their claim.
- Duty: This is the responsibility one has
for the safety of another. This could be created by a law,
or may result from the standard of reasonable care. For
example, the owner of a store has a duty to provide a safe
place to shop, and a driver has a duty to not endanger
other motorists on the road.
- Breach of Duty: An important element to
prove, breach of duty must show that the defendant did
not uphold their responsibility. Sometimes breach of duty
is evident by law, such as a driver running a red light.
Other times it is common sense and reasonable care, such
as ensuring no vehicles are oncoming before making a right
hand turn into traffic.
- Causation: There must be a link between
the breach of duty and damages. It must be proven that
the damage incurred by the plaintiff was caused by the
- Damage: An actual injury must be present.
This could be physical or
If a plaintiff is not able to prove one cause of action, it
is possible to still recover in one of the other causes of
action included in the lawsuit. When a plaintiff successfully
proves a cause of action, the defendant is deemed liable
for damages such as medical bills, pain and suffering, and
resulting from the victim’s injury.
One very important thing to keep in mind is that different
causes of action have different statutes of limitations.
Statutes of limitations are the maximum time limits after
an event occurs for which an individual can file a lawsuit.
How to Choose the Right Cause of Action
Choosing the right cause of action is crucial to arguing a
successful case. Each cause of action will require unique
evidence in order to prove each element, which often requires
expert testimony. However, this also means that you may only
provide evidence which supports the cause of action you choose.
For example, if you believe a driver's erratic behavior on
the road was intentional, but only alleged negligence as
a cause of action as opposed to negligence as well as assault
and intentional infliction of emotional distress, you will
not be able to present evidence of the driver's past of road
rage and aggressive driving in court. This would not serve
as evidence for your negligence claim, in which you would
just be proving that the driver did not take reasonable care
while operating the vehicle.
As the elements of these cases strongly overlap, it is wise
to consult with
a qualified personal injury attorney
. An experienced
attorney can walk a plaintiff through the cause of action
and complaint process, and ultimately help fight their case
Contacting a Florida Personal Injury Attorney
Florida personal injury attorneys can help to ensure that
your rights are protected. If you've recently sustained injuries
in a car accident, slip and fall, malpractice, or other situation
that was caused by another's negligence,
contact Weinstein Legal
Do not attempt to file a personal injury claim without the
guidance of a knowledgeable personal injury attorney. Available
for free consultations and willing to answer your every question,
Weinstein Legal is ready to help you receive the compensation
you deserve. Fill out a free case evaluation form on your
right to gain insight into your case today.