A Florida woman has filed a lawsuit against a Winter Springs woman claiming negligence resulting in injuries sustained during a recent Orlando car accident.
According to the complaint, which was filed in the Orange County Circuit Court on December 30, 2016, alleges that on March 29 2016, the plaintiff was driving her car at the intersection of Dean and Lake Underhill Road when the defendant collided with her vehicle. The defendant did not own the car, but was driving with the permission of a third-party owner.
According to the complaint, the defendant hit the plaintiff’s car with such force that the plaintiff has allegedly suffered permanent bodily injury. These injuries include:
- Physical impairment
- Mental anguish
- Permanent aggravation of a previously existing condition
- Medical expenses
- Loss of earnings
- Loss of ability to live a normal way of life
The complaint states that the defendant is responsible for these damages as they are a direct result of her ‘negligent and careless operation’ of her vehicle. Because the defendant’s negligence allegedly caused the injuries, the plaintiff is seeking full compensation per Florida’s personal injury statute. She has also requested a trial by jury.
Based on the information provided, it would seem likely that the plaintiff will be successful in her lawsuit. The only thing we don’t know is the basis of the negligent act. According to the law, in order to show negligence, the plaintiff will have to demonstrate that:
- The defendant owed a legal duty to the plaintiff under the circumstances
- The defendant breached this legal duty by acting (or failing to act) in a certain way
- It was the defendant’s action(s) (or inaction) that actually caused the plaintiff’s injury(ies)
- The plaintiff was harmed or injured as a result of the defendant’s action(s) (i.e., they suffered damages)
If these four elements can be clearly demonstrated, then it is likely that the plaintiff in this court case will receive a jury award for the injuries she sustained during the Orlando motor vehicle accident.
If you or a loved one have been injured in an Orlando car accident, contact the Law Offices of James O. Cunningham, P.A. today and schedule your free initial consultation.
James O. Cunningham
Since 1977, personal injury lawyer James Cunningham has provided effective legal advocacy to people who are injured through the negligent actions of another person or entity throughout the Central Florida area. He fights to obtain recoveries for his clients’ physical and emotional pain and suffering and pursues his clients’ personal injury cases with a commitment to excellence and impeccable preparation.
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