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A General Explanation of Florida Personal Injury Law

By Orlando Personal Injury Attorney on April 7, 2010

To begin, Florida personal injury laws can be quite complex, and the terminology used to write these laws can be difficult for people outside the legal profession to understand. This is one reason why it is advisable to consult with an experienced Central Florida personal injury attorney such as James O. Cunningham if you sustained injury because of negligence on another person or entity’s part. Attorney James O. Cunningham has been assisting clients in personal injury cases since 1977 and has made client education a priority from the very beginning.


Torts are central to personal injury laws in Florida and other states and are, in very broad terms, harmful acts addressed by a law or laws. Harmful acts encompass a very wide range of different things from accidents caused by drunk drivers to assault to product liability and much more. Very simply put, tort law is about the party who caused an injury or injuries providing reasonable compensation for the injuries caused by his or her negligent acts.

While often viewed as the same thing, torts and crimes are very separate legal entities and it is important to note the difference. Torts are civil wrongs against individual(s). Crimes are civil wrongs against society.


Negligence is the cause of the vast majority of personal injury cases in Florida and the rest of the country. Negligence is loosely defined as how careful an individual was when his or her action(s) caused injury to another person and the standard of care he or she should have used according to the law. The plaintiff in a lawsuit must prove each of the following elements to be successful:

•    The defendant had a duty to conform to a certain standard of conduct to protect others from unreasonable risk.
•    The defendant failed to honor that duty.
•    This failure was the cause of an injury.
•    This failure led to person(s) sustaining injury and damages.

Personal injury law imposes a duty on every person to behave in the way that a reasonable, prudent person would act in that situation. This concept is central to personal injury law and is known as the “reasonable person standard.”

Statute of Limitations

The statutes of limitations are timelines set by legislators that a person or entity has in which to file a lawsuit or be forever barred from doing so. Each cause of action has a statute of limitation and unless a person is well versed in the law, this is another reason to retain an experienced Orlando personal injury attorney such as James O. Cunningham. He can explain Florida’s personal injury laws in clear, easy-to-understand language so that each client can make an informed decision about the course of action best for his or her unique situation. If you have been injured or someone you care for has been injured or died as a result of the negligence of another person or entity, contact Central Florida personal injury lawyer James O. Cunningham today to schedule an initial consultation at no cost.

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James O. Cunningham

James O. CunninghamSince 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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