“Tort” and “personal injury” are often used interchangeably. However, there are subtle yet significant differences between the two concepts. Torts encompass a broader spectrum of civil wrongs, while personal injury specifically deals with an injury suffered by an individual due to the negligence or intentional misconduct of another party. The injury may constitute either physical or emotional harm, or both.

An experienced personal injury attorney can assess the particular circumstances surrounding your injury, explain your rights, and prepare a strong personal injury lawsuit to obtain maximum financial compensation.

Definition of Tort and Personal Injury under Florida Law

Under Florida law, the terms “tort” and “personal injury” have distinct meanings and legal implications.

Tort

A tort is a civil wrong that causes harm or injury to another person, resulting in legal liability for the responsible party. Florida law recognizes various types of torts, including negligence, intentional torts, and strict liability. Relevant statutes governing tort law in Florida include common law principles and statutes such as § 768.81, which addresses comparative negligence and apportionment of fault in tort cases.

Many intentional torts involving abnormally dangerous activities require the help of an attorney to prove a defendant’s breach of reasonable care and seek justice. Your lawyer can prove intentional infliction of emotional distress to obtain punitive damages in your tort claims.

Examples of intentional torts include assault, battery, trespass, defamation, and others. A mass tort claim may include a class action lawsuit with examples including product liability, institutional abuse, workplace harassment, and consumer fraud.

Personal Injury

Personal injury specifically refers to physical or emotional harm suffered by an individual as a result of another party’s negligence, recklessness, or intentional misconduct. Personal injury lawsuits typically fall under the broader category of tort law, specifically negligence claims. Florida law provides specific statutes and legal principles governing personal injury claims, including negligent torts, premises liability, defective product, strict liability torts, and medical malpractice.

Accident victims that have suffered injuries in car crashes or similar accidents should consult with an attorney to file a personal injury claim to hold the negligent person accountable. In some cases, an injured party can file criminal charges along with civil legal action, which will be handled in criminal court.

Not all torts are related to personal injuries. However, all personal injury lawsuits, such as a car accident claim fall under the purview of torts. .

Key Differences Between a Tort and Personal Injury

Scope

  • Tort: Encompasses a broader range of intentionally caused civil wrongs beyond personal injury, including car accident, property damage, defamation, blasting dynamite, false imprisonment, and intentional infliction.
  • Personal Injury: Focuses specifically on physical injuries and psychological damage suffered by an individual due to negligence or wrongful conduct of another party.

Legal Elements

  • Tort: Various legal elements must be established in tort claims under state law depending on the type, such as duty of care, breach of duty, causation, and damages necessitating a tort and a personal injury lawyer.
  • Personal Injury: Personal injury claims in civil court are primarily based on proving negligence, which requires demonstrating that the defendant owed a duty of care, breached that duty, and caused the plaintiff’s injuries.

Remedies

  • Tort: Remedies for torts may include monetary compensation (damages), injunctive relief, or specific performance, depending on the nature of the claim.
  • Personal Injury: The primary remedy sought in personal injury cases is typically financial compensation to cover medical expenses, lost wages, pain and suffering, and other damages resulting from the injury.

Statute of Limitations

  • Tort: In Florida, the general statute of limitations for intentional torts as per § 95.11(3)(o) is generally four years from the date the cause of action accrued.
  • Personal Injury: The statute of limitations for personal injury claims based on negligence as per § 95.11(3)(a) is generally two years from the date of the injury.

Importance of Consulting with an Attorney After an Injury

A qualified attorney can evaluate the specifics of your case, including the circumstances of the injury, liability issues, and potential damages. They can assess the strength of your case and advise you on the likelihood of success in pursuing a claim.

These are a few other reasons to consult an injury attorney:

  • Evidence Collection: Attorneys have the resources and experience to gather essential evidence to support your claim of negligence torts. This may include obtaining accident reports, medical records, witness statements, and other documentation necessary to build a strong case on your behalf against the defendant’s actions.
  • Negotiation with Insurance Company: Insurance companies often try to minimize their payouts by offering low settlements or denying claims altogether for physical injury. They may claim the injured party failed to take necessary actions to prevent injury. Your lawyer can handle negotiations with insurance adjusters on your behalf to ensure you receive fair compensation for your injuries and losses.
  • Litigation Representation: If a fair settlement cannot be reached through negotiation, an attorney can represent you in court proceedings. They can prepare and present your case effectively, advocate for your rights, and pursue maximum compensation through litigation if necessary.
  • Maximization of Compensation: Personal injury attorneys have experience in valuing cases and identifying all potential sources of compensation. They can help you obtain compensation not only for medical expenses and lost wages but also for pain and suffering, emotional distress, and other non-economic damages.

Certain claims, such as car accidents and mass tort, require the knowledge and resources of an experienced attorney to prove the defendant’s actions caused the injured person to suffer damages. 

Get Legal Help from Top-Rated Accident Attorneys in Florida

If you or someone you love has been injured due to another’s negligence, Larry Moskowitz, PA is here to fight for you. With over three decades of experience in personal injury law, attorney Larry Moskowitz has dedicated his career to advocating for injured victims in Fort Lauderdale and throughout Florida. 

As a former prosecutor and seasoned trial attorney, attorney Moskowitz knows what it takes to win during negotiations or in the courtroom and obtain the maximum compensation for his clients. Our track record speaks for itself. Over the years, we have helped numerous clients recover millions of dollars in compensation for their injuries and losses. To schedule your free consultation, call us at 866-312-0708 today.