As a Personal Injury Lawyer located in Delray Beach, Florida, Jason Steven Dalley will use his knowledge and extensive experience to best protect his clients rights and see to it that your best interest is always his ultimate goal!
- There is no charge for legal fees unless we recover money.
- We will begin working immediately on your case.
- We will collect all police reports, accident reports and medical records.
- We help you complete all insurance forms and submit claims.
- We will assist you in getting your lost wages and medical bills paid by the insurance company.
If you have been physically or emotionally injured, you may have a personal injury claim. Personal injury law is also called “tort” law. Tort actions have three elements: 1. There must be a legal duty between the defendant (the one doing the wrong) and the plaintiff (the person injured). 2. There must be a breach of the duty. 3. And the damage must occur because of that breach. When all three elements take place, a personal injury, or tort, has occurred.
The laws of the state of Florida place demands on all citizens not to harm others. This means that people be safe from harm. Whenever someone else harms you they become liable to answer to the tort laws. Liability can be caused by intentional acts or by negligence. An intentional act is one designed to cause harm or injury. A negligent act occurs when someone fails to take appropriate action and you are harmed as a result of that failure. For instance, if a person intentionally swings and hits you with a baseball bat, that is an intentional tort. On the other hand, if a careless driver runs into your car, that is a negligence tort. In the first case, the defendant wanted to cause an injury: in the second case, the defendant did not want to injure you but failed to take the appropriate action to prevent injury. In both cases, the defendant had a duty not to injure you because our laws create that duty. The duty was breached by the intentional or negligent actions of the defendant, and damage to your person resulted.
Another form of personal injury law covers “strict liability”. Strict liability means that there is responsibility whether or not negligence was involved. This is usually applied to situations which involve inherently dangerous products (product liability). Manufacturers are charged with the responsibility of assuring that their product is safe when used as directed. If someone is injured by a product under the terms of strict liability they do not have to prove intent or negligence, only that the product was defective through no fault of their own, and that harm was done.
Once a personal injury has occurred, the defendant is exposed to damages. Damages is the term for whatever is owed to you to compensate you for your loss. Damages can be agreed upon between you and the injuring party, through insurance settlements, or by other means. But often, the damages offered to you may not fully compensate you for your loss. This is especially true if you have suffered physical injury and have not been able to work. Personal injury is the mechanism for determining who is in the wrong, or in other words, who is “liable”, and what the liable person should have to pay for the damages caused.
If you are the victim of a personal injury, there are several things you can do to help yourself. First and foremost, make sure that you seek proper medical attention and that you follow up with the proper authorities and your own insurance company. If you believe your injury was caused by the carelessness or intentional act of another, you may contact the Law Offices of Jason Steven Dalley to discuss your situation. You should call as soon as it is possible to do so and avoid discussing the matter with strangers and/or insurance representatives who are not from your own insurance company. Recent changes to Florida insurance laws require you to see a medical provider within a 14 days of your accident to preserve $10,000 in medical benefits. If the medical provider does not diagnose you with an emergency medical condition within 14 days of your accident, medical benefits are limited to $2,500. You should be cooperative with the police, your own treating physician, and your own insurance company. Most personal injury cases are governed by a Statute of Limitations, which means that you only have a certain period of time in which you can file a lawsuit. If you have a personal injury case that you would like us to review, please call the Law Offices of Jason Steven Dalley toll free at 1-866-392-7274 for a free consultation or submit an online questionnaire.
Free Injury Case Evaluation
Please call toll free 866 392-7274 or local 561 742-7000