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Personal Injury

Attorneys generally refer to the area of law known as ‘torts’ as ‘personal injury cases’. A tort is a civil wrong as opposed to a criminal wrong, that it, it refers to injuries resulting from negligence or carelessness, although it also covers intentional acts such as assault and battery. Ordinarily, injuries resulting from torts result in claims for damages to person or property.

Every tort claim, regardless of its basis, whether intentional, negligence, or strict liability, has two basic issues—liability and damages. Was the defendant liable for the damages you sustained, and, if so, what is the nature and extent of your damages? If you can prove liability and damages, our system of justice will award you compensation for your loss.

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Society expects its members to behave in a reasonable and prudent manner and to avoid causing damage or injury to others.  Negligence is the failure to act in a reasonable and prudent manner under the circumstances.  A tortfeasor (the party who causes an injury) commits a “negligent” act when his/her conduct falls below a legally recognized standard of care to protect others from harm.

Automobile accidents, the area in which most personal injury actions arise, provide a good example of how the tort system works. You have a negligence claim if you are injured by a driver who failed to exercise reasonable care, because drivers have a duty to exercise reasonable care anytime they are on the road. In Florida, there are ordinarily automatic medical payments made by one’s own insurance company for medical expenses and lost wages. These benefits are called PIP benefits.

Comparative/Contributory Negligence

In some cases,  the injured party may also have been negligent and the negligence may have contributed to the ultimate injury that was sustained.  Negligence by the injured party is referred to as comparative or contributory negligence.  In most states, comparative negligence by the injured party will reduce any potential monetary recovery that he/she is entitled to by the percentage of negligence attributable to the injured party.

Personal injury cases are accepted by Hoffman, Larin & Agnetti, P.A. under a contingency fee arrangement. This means that we will receive a fee based on the amount of the recovery if we are successful in obtaining a recovery; if we do not obtain an award of damages, there is no fee.

We are highly experienced in Personal Injury cases, which include, but are not limited to:

For case specific information, please click on the category you are interested in for an overview of the relevant area of law.

The attorneys at Hoffman, Larin & Agnetti, P.A. will provide a free, no obligation consultation at our offices in Dade, Broward or Monroe County. If you are unable to travel, we can see you at your home,  hospital, or other location which is convenient for you.