As personal injury lawyers Puerto Rico, we seek compensation for the death or personal injury of our clients in the Island to due to fault or negligence. We have 30 years of experience. We represent injured parties in personal injury claims whether they reside in the Island or elsewhere and are visiting. Our offices are in the San Juan Metropolitan area but we cover all the territory. If you need immediate assistance call 787-304-0455 or contact us through our direct line contact form.
Personal Injury Puerto Rico (Tort Law)
Personal injury claims and can happen anywhere including hotels (hotel accidents). They are generally extra-contractual in nature. In other words, liability arises out of a negligent or wrongful act (fault) unconnected with any contract between the parties. This usually means that the other party failed to act with reasonable care. Fault is more akin to intentional harm; meaning the other person set out to hurt you such as in the cases of assault and false imprisonment. As experienced personal injury lawyers Puerto Rico, we are able to aggressively pursue our client’s best interests until justice is served. You can be injured in Puerto Rico anywhere by fault or negligence other than your own. Here are typical situations that involve personal injury claims.
Vehicular accidents – Car Accident Attorneys
Vehicle accidents are one type of case our personal injury attorney in Puerto Rico handle. These might be caused by driver negligence, inadequate safety systems, mechanical failure and issues with roadway safety. Not only are people in vehicles at risk, innocent bystanders, pedestrians and bicyclists are injured and killed every day due to vehicular negligence.
Slip and falls
Other type of personal injury cases include slip-and-falls, boating accidents, food poisoning, defective design of equipment, product liability and wrongful death.
Puerto Rico Personal Injury Law: Dealing with a Personal Injury Claim
Personal Injury/Tort laws vary from state to state. In Puerto Rico the legal system is based on civil code not on traditional common law as in the U.S. Thus, if you have suffered a personal injury, it is essential to discuss the matters with personal injury lawyers Puerto Rico since the local attorney will know the personal injury laws and cases applicable to this jurisdiction. It is also important that the personal injury lawyer be admitted to the U.S. District Court for the District of Puerto Rico because trial by jury in personal injury claims is not available in local courts. Proceedings in federal court are conducted in English.
General Liability Law
Article 1802 of the Puerto Rico Civil Code imposes liability on a “person who by an act or omission causes damage to another through fault or negligence”; and shall be obliged to repair the damage so done. P.R. Laws Ann. tit. 31, § 5141. Negligence has been defined as the failure to exercise due diligence to avoid foreseeable risks.
An omission gives rise to a cause of action in cases where there is a legal duty to act. Under Puerto Rico law, a legal duty arises in one of three ways: (1) by a statute, regulation, ordinance, bylaw or contract; (2) as the result of a special relationship between the parties that has arisen through custom; or (3) as the result of a traditionally recognized duty of care particular to the situation.
Personal Injury Lawyers in Puerto Rico suing on behalf of a plaintiff for personal injury claim on a negligence theory under Article 1802 must establish several important facts, “first, the proof of the reality of the damage suffered; second, a causal relation between damages [personal injury] and the action or omission of another person; and third, said act or omission is negligent or wrongful.” Woods-Leber v. Hyatt Hotels of Puerto Rico, Inc., 951 F.Supp. 1028 (D.P.R.1996).
First Steps to Protect Your Rights
Procure medical assistance to protect your health. Do not cut corners this is your immediate priority. It will also serve to begin documenting your personal injury and treatment.
Document the Incident
Report the accident to the nearest authority such as the general manager if it’s in a store or the police in a car accident. Obtain a copy of your statement, personal injury report, claim or accident number issued.
Your phone camera can be very useful to capture the scene of the accident or the nature of your personal injury. They may illustrate existing dangerous situations, negligent conduct and other factors that might have contributed to your accident. Obtain names and phone and e-mail of witnesses that may be called upon later to collaborate.
If You Are Considering Legal Action for Your Personal Injury
Consult with a personal injury lawyer if you are considering legal action. In Puerto Rico there is a deadline to file a claim for personal injury- one year beginning the date of the accident. This means that the injured must be proactive gathering evidence of the facts and securing an attorney that thoroughly understands how to prove liability in court and is ready to do so. Insurance companies treat claimants differently when they are represented by an attorney. One reason is that competent personal injury lawyers have a broader understanding of the value of a claim settled or tried to conclusion in court. Experienced personal injury lawyers are also skilled at collecting relevant evidence of both the injury and the negligence (documents, photographs, recordings, witnesses, etc.); and know what do do with it- during settlement negotiations or in a trial.
Personal Injury Attorney – Why us
Fleming is a business attorney and personal injury lawyer in Puerto Rico that began his legal practice as a personal injury defense attorney handling claims against tortfeasors and leading insurance companies. During his professional career he has handled hundreds of claims for both plaintiffs and defendants, including representation of numerous insurance companies and tried to conclusion lawsuits in most of the superior courts in Puerto Rico and the U.S. District Court for the District of Puerto Rico. Currently, Fleming mostly represents plaintiffs in state and federal court who have been injured and seek redress for the injuries sustained.
Representative awards and/or settlement includes:
- Defrauded financial institution in a kiting scheme: $1,050,000+ judgment obtained against individual
- Out of State individual suffering fall while visiting a tourist attraction in Puerto Rico: 200,000+
- Out of state individual suffering fall in hotel resort in Puerto Rico: $150,000+
- Breach of duty of care by educational institution: $100,000+
Our personal injury lawyers Puerto Rico never charge a fee – unless the case is won.
Don’t wait another moment! Take action, and call us today on 787-304-0455 for a free, confidential case evaluation. Or alternatively, contact us using our easy online form or fill the box next.
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