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Florida Personal Injury Law: Burden of Proof

Movies and television often use legal terms like “burden of proof” as plot devices and bend their meanings a bit to create more drama. Phrases such as “proving beyond a shadow of a doubt” do not exist in the legal world despite their enduring popularity in TV and movie scripts. If a personal injury case in Florida goes to a civil jury trial, cases must be proven through a phrase that does exist in the legal world, “preponderance of the evidence.” For a more detailed explanation of burden of proof, preponderance of evidence or another legal term, contact experienced Orlando personal injury attorney James O. Cunningham. Many of these legal terms are not easily accessible, and if you or someone you care for has been injured, you really should have a Central Florida personal injury lawyer explain them in detail.

Orlando Personal Injury Lawyer Helping Injured People and Their Families Since 1977

In tort cases, the plaintiff’s attorney must prove the case by the aforementioned standard, “a preponderance of the evidence.” Burden of proof is a phrase more often used in criminal cases. Generally speaking, there are two different kinds of burdens of proof:

•    Legal burden
Also called “burden of persuasion,” this legal obligation stays on one party for the duration of a claim. After the burden has been discharged to the satisfaction of the trier of fact, the party that carries the burden will have succeeded in his or her claim. The trier of fact is the person who determines facts in a legal proceeding; a trier of fact can also be a jury.

•    Evidentiary burden
Also called “burden of leading evidence,” an evidentiary burden is a legal obligation that shifts back and forth between parties during a trial. For example, if one party submits evidence, the evidentiary burden shifts to the other party to dispute the validity of the evidence.

Experienced, Aggressive Central Florida Personal Injury Attorney

It’s important to remember that the definitions provided above are simplifications of very important legal terms. If you or someone you care for has been injured, you can schedule a consultation with experienced Orlando personal injury lawyer James O. Cunningham. He can investigate your case, explain burden of proof and other important legal terms and may be able to help you and your family recover the compensation that you are entitled to under the law.

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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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Florida Personal Injury Office Locations

Main Office

Orlando Personal Injury Office:
3117 Edgewater Dr
Orlando, FL 32804
Phone: 407-425-2000
Toll Free: 877-FL-INJURY
Fax: 407-843-8274

Seminole County

Lake Mary Office:
1001 Heathrow Park Lane
Suite 4001
Lake Mary, FL 32746
Phone: 407-487-4408

Osceola County

Kissimmee Office:
17 S. Orlando Ave.
Kissimmee, FL 34741
Phone: 407-966-4408

Volusia County

Daytona Beach Office:
1301 Beville Rd., Suite 8
Daytona Beach, FL 32119
Phone: 386-243-4994

DeBary Office:
465 Summerhaven Drive, Suite C
DeBary, FL 32713
Phone: 386-320-3911

Deland Office:
Downtown Executive Center
120 South Woodland Blvd.
Deland, FL 32720
Phone: 386-206-1264

Citrus County

Inverness Office:
110 North Apopka Ave.
Inverness, FL 34453
Phone: 352-205-4341

Polk County

Lakeland Office:
1102 S. Florida Ave., Suite 104
Lakeland, FL 33803
Phone: 863-968-7551

Winter Haven Office:
325 Avenue A, N.W.
Winter Haven, FL 33881
Phone: 863-968-7173

Hillsborough County

Tampa Office:
100 S. Edison St. Suite D
Tampa, FL 33606
Phone: 813-355-9772

Marion-Sumter Counties

The Villages Office:
3420 U.S. Hwy. 27/441
Fruitland Park, FL 34731
Phone: 352-419-0825

Lake County

Mt. Dora Office:
602 East 5th Ave.
Mt. Dora, FL 32757
Phone: 352-436-4696

Clermont Office:
900 W. Highway 50
Clermont, FL 34711
Phone: 352-503-4674

Brevard County

Titusville Office:
506 S. Palm Ave.
Titusville, FL 32780
Phone: 321-222-7300

Cocoa Office:
96 Willard Street
Suite 206,
Cocoa, FL 32922
Phone: 321-757-1373