Pensacola Personal Injury Attorney.

Lawsuits for personal injury are filed by individuals (or their representatives) harmed by the negligent act of another. The injury, either physical or emotional, can arise from various sources or types of conduct. The most common categories of injury cases include slip and falls, auto accidents, intentional attacks (assaults), physician or hospital malpractice, and product liability. Generally, the objective of a personal injury claim is to determine responsibility and compel the harming party to compensate the harmed claimant for the damages incurred. If you or loved one has been injured by the careless actions of another, contact The Law Offices of Samuel W. Bearman in Pensacola, Florida, right away to learn how your rights are preserved and protected.

Damages. Personal injury attorneys help ensure their clients receive the compensation to which they are entitled by law. Some of the items for which injured parties are lawfully due compensation include lost wages, medical expenses – past and future, money for both physical and emotional pain and suffering, and damages for physical disfigurement. On occasion, a close relatives of the injured person, such as his or her spouse, maybe entitled to damages, as well. These awards to relatives are often called loss of consortium damages, which is intended to reimburse the family for the loss of the injured or deceased individual's services and companionship.

Other damages that may be awarded, depending on the state laws where the lawsuit is brought and the facts of the particular case, include enjoyment damages, which are awarded to compensate the claimant for the loss of enjoyment of activities that she or he once participated in but can no longer do so as a result of the injuries suffered. Punitive damages may be awarded foe the defendant’s acts if they were particularly egregious and it is determined that the defendant should be punished by paying an amount over the plaintiff’s actual damages. Punitive damage awards act to deter others from engaging in similar dangerous conduct.

Legal Causation. Not every injured person is entitled to damages for the injury he or she receives. Besides the harm, the claimant must also prove, through credible and relevant facts, that the defendant is legally liable for his or her injuries. The plaintiff is to present proof of causation both in terms of actual causation and proximate (legal) causation. Actual causation is determined by actual cause and effect. Legal causation is established by the the facts and circumstances of the case.

In some injury cases, legal causation may be established if the claimant shows that the defendant acted intentionally. This means that the person intentionally or purposefully harmed the plaintiff or knew that his or her conduct created a substantial likelihood that harm would result.

Negligence and Strict Liability. There are other injury claims which are based on a looser concept of fault called negligence. Under this theory, a person is held liable for the results of his action, or omission, when an ordinary individual in the same position should foresee that the conduct would create an unreasonable risk of harm to others. Still other types of personal claims are based on strict liability, a no-fault system under which liability can be established regardless of the faulty acts of the parties, including the injured. Strict liability often applies in products liability cases, as when a manufacturer or seller puts a defective product into the hands of those who are then injured by the product.

Defenses to Personal Injury Claims. In certain fact situations, another's conduct, while questionable, may not be “actionable.” If, for instance, the injured knowingly and willfully chose to encounter a known hazard, then he or she has assumed the risk of injury and therefore the defendant is not held liable. The assumption of the risk theory may apply, for instance, in a engaged in a friendly game of tackle football where another player broke his arm; in such a case, the plaintiff most likely would be unable to recover for his injuries because he knew of the risks inherent in the game and willingly chose to encounter them.

Possible defenses to personal injury suits include:

• Statute of limitations. Statutes of limitations are laws setting thetime period within which the lawsuit must begin.
• Sovereign immunity. Sovereign immunity protects certain government officials from civil liability for their official acts.
• Intentional misuse. Injuries caused by a claimant's misuse of a product creates a defense to liability in a products liability case
• Contributory or comparative negligence. Contributory or comparative negligence is where the one’s own conduct caused or contributed to his or her injuries

A personal injury lawyer can explain these issues and determine whether they apply to a particular case.

Personal injury claims often require a lawyer’s experience evaluation of all the facts and circumstances to determine the defendant's legal liability for injuries caused. A personal injury attorney at The Law Offices of Samuel W. Bearman in Pensacola, Florida will review the facts of your case and determine worthiness and validity of your claim, when you must act to protect your rights, the damages availble, and whether you may be entitled to preliminary financial benefits even before resolution or your claim. Additionally, in many personal injury cases, you will owe no legal fees until the defendant pays the damage award.