Personal Injury law Puerto Rico is governed by Article 1802 of the Puerto Rico Civil Code. This law imposes liability on any person or entity which, by his, her, or its negligent acts or omissions, causes harm or damage: “[a] person who by act or omission causes damage to another through fault or negligence shall be obliged to repair the damage so done.” P.R. Laws Ann., tit. 31, § 5141.
Negligence is broadly defined as the failure to exercise due diligence to avoid foreseeable risks. It includes two sub-components: duty and breach. Generally, duty requires a person to act as would a prudent and reasonable person under the circumstances. A defendant breaches that duty if he acts or fails to act “in a way that a reasonably prudent person would foresee as creating undue risk.
To recover on a negligence theory, a plaintiff suing for personal injury law Puerto Rico (Article 1802 of the Civil Code) must establish (1) a duty requiring the defendant to conform to a certain standard of conduct, (2) a breach of that duty, (3) proof of damage, and (4) a causal connection between the damage and the tortious conduct.
To file a personal injury claim it is necessary to contact a personal injury lawyers in Puerto Rico to have a brief initial discussion about your situation. After the initial telephone conference we will be in a better position to discuss your particular details in a subsequent extended meeting in person (if feasible) with the personal injury attorney and discuss concrete steps. Choosing the right lawyer after being injured in an accident can be a critical step in the recovery process. Ensuring the representation of a lawyer who has the skill and experience to help you get the maximum compensation for your injuries will provide you with the best opportunity to obtain indemnization from your injury, including compensation for mental pain and anguish and medical care and rehabilitation, when applicable.
Trial by a jury is not available in Puerto Rico for personal injury claim. Hence it is important to determine whether you case can be filed in the U.S. District Court of Puerto Rico (federal court) which does provide a right to trial by jury even under personal injury law Puerto Rico. Since all the proceedings in federal court are conducted in english, it is essential for you attorney to have a strong command of the language and be familiar with the federal judiciary system.