South Florida Personal Injury Blog

According to Fort Lauderdale personal injury lawyer Andrew Alitowski, tort law is the body of law that encompasses the judicial approach to civil wrongdoing, with the exception of disputes relating to contracts. A tort is a non-contract civil wrong. For example, if you are hurt by an action that is a tort, you can likely recover civil monetary damages, like if your neighbor’s dog bites you. Although some torts are also crimes – such as assault and battery – the primary purpose of tort law is to help you when another person hurts you or your property in some way. Contact West Palm Beach accident attorneys Alitowski and Moore to discuss your case.

Generally, tort law provides two different types of remedies: damages (money) and what is known as equitable relief. A court can order the person you sue, the defendant, to pay you damages for the problems he has caused. Palm Beach injury attorney Alitowski says that if you are injured in a motor vehicle accident, you can sue the driver of the vehicle (and sometimes the owner) who caused the car accident. The judge or jury who hears the case can award you damages to cover your medical expenses, the property damage to your car, your lost wages for time you spent off of work, and your pain and suffering from the experience. Most damages are intended to compensate your for what happened, but courts may also award you punitive damages in order to punish the defendant in certain scenarios, such as if his conduct was intentional. Due to the complex rules regarding punitive damages in Florida, it is best to contact a knowledgeable Fort Lauderdale personal injury lawyer or motor vehicle accident lawyer with questions regarding the specific details of your case. Compensatory damages are calculated with regard to the actual cost of medical care and other fees you may have incurred as a result of another person’s negligent behavior.

Equitable relief is the other way the legal system handles torts, although this kind of relief is not appropriate in all cases. When a judge grants you equitable relief, it means that the person you have filed a civil lawsuit against must stop doing whatever it was he was doing that was offensive to you. Probably most commonly, this is true for nuisance law. If your neighbor has an overgrown swimming pool that emits a noxious odor so bad that it impairs your use and enjoyment of your property, a judge might grant you equitable relief – an injunction that prevents your neighbor from continuing his bad behavior. Similarly, if a company has a very loud production plant, you and the rest of your neighborhood might join together to sue the company so that you might restore peace and quiet to the area. In a more familiar context, a woman might obtain a civil restraining order from a judge to prevent an abusive ex-boyfriend from coming to her home or place of work.

Speaking of verdicts, below is a clip from the famous 1982 film The Verdict, about a personal injury attorney who handles a medical malpractice claim: