Personal Injury & Medical Malpractice
Torts are civil wrongs that are recognized by the law as grounds for a lawsuit. The most common tort cases arise from automobile accidents, slip and falls, and incidents of medical malpractice. These wrongs result in an injury or harm which constitute the basis for a claim by the injured party. The goal of tort law is to provide relief to the injured party for the damages incurred. The injured person may sue for monetary damages or, in cases where the tortuous conduct continues, for an injunction to halt the injurious activities. Among the types of damages the injured party may recover are: loss of earning capacity, pain and suffering, and reasonable medical expenses. They include both present and future expected losses.
There are numerous torts, however all torts fall into three general categories: intentional torts (e.g., physically attacking a person); negligent torts (causing a car accident by failing to follow traffic laws); and strict liability torts (e.g., liability for making and selling defective products). Intentional torts are those wrongs which the defendant knew or should have known would occur through his action or inaction. Negligent torts occur when the defendant’s actions were unreasonably unsafe. Strict liability wrongs do not depend on the degree of carefulness by the defendant, but are established when a particular action causes damage.
“Damages” is the sum of money awarded in response to the existence of a breach of some duty which resulted in an injury. Therefore, if an individual breaches his duty of care towards another (is negligent) but nobody is injured, then there is no ground for a lawsuit. There are two basic types of damages: compensatory and punitive. Compensatory damages, like the name suggests, are intended to compensate the injured party for his loss or injury. Punitive damages are awarded to punish a wrongdoer, but are rarely awarded, and are only awarded when the misconduct of the wrongdoer was extreme.
Representation & Cost
The Law Offices of Eugene M. Zoglio, P.A. represents individuals before the state and federal courts for personal injury and medical malpractice claims. You will generally meet with your attorney during your initial interview, who will discuss with you at that time the facts of your case, the anticipated procedure likely to occur and the extent of this office’s representation. This office represents injured individuals on a contingent basis. That means that our fee shall be a percentage of any moneys recovered plus reimbursement for the expenses associated with the handling of the case. However, if this office does not recover anything on your behalf then you will not be responsible for paying this office for its services.