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Camp Lejeune LawsuitsPersonal Injury | Orlando Accident & Injury Blog - Part 13
Florida Personal Injury Law: Government Immunity
Government immunity is precisely what it sounds like: the inability to file lawsuits against the government, government employees and government officials. This legal concept was developed to ensure that a state or federal government did not have to base policy decisions on the possible litigation of the outcome of their decisions. Imagine a world where the outcome of a lawsuit allowed an individual to control some or all of a government’s actions. It would be paralyzing, and government immunity partially protects counties, states, the federal government, courts, schools, police departments, legislatures and many other government agencies.
Florida Personal Injury Law: Wrongful Death Lawsuits
If someone dies as a result of some type of unjust action, sometimes called a tortious action, the victim’s immediate family members or the victim’s estate may be able to file a wrongful death lawsuit with the assistance of a Florida wrongful death attorney. If the defendant in a wrongful death lawsuit is determined to be liable for causing the injuries that caused the death, the victim’s family members and estate are entitled to monetary damages. As you might guess, immediate family members are the victim’s parents, spouse and children. The victim’s survivors may recover damages for several things including lost earning potential, medical and funeral expenses if paid by the deceased’s estate, pain and suffering, loss of companionship and protection and others.
Florida Personal Injury Law: Joint and Several Liability
Joint and several liability describes a situation where two or more parties are responsible for causing an injury to another party whether they were working together in concert or not. An easy example of joint and several liability that everyone can relate to would be a multiple car accident where one driver collides with another which, in turn, causes another collision between drivers attempting to avoid the first collision. Like most other legal terms, there are many factors that come into play when determining joint and several liability. If you have been injured in an auto accident or other type of accident caused by more than one party, an experienced Orlando personal injury attorney such as James O. Cunningham can explain if and how joint and several liability pertains to your case.
Personal Injury Law: Vicarious Liability
Vicarious liability is also known as a secondary liability, which in non-technical language means that a person in charge is liable for the acts of someone who is a subordinate. In legalese, vicarious liability describes the responsibility of someone that has the “right, ability or duty to control” the activities of someone who caused injury of some kind to another person. The most easily accessible example of vicarious liability is an employer being vicariously liable for the acts of an employee who is “on the clock.” However, as you might guess, it’s not as simple as that. Many different factors come into consideration when determining vicarious liability. Orlando personal injury lawyer James O. Cunningham can explain these factors in detail during a consultation and answer any other questions you may have.
Florida Personal Injury Law: Affirmative Defenses
An affirmative defense is a legal defense used in criminal law cases as well as lawsuits between private parties. Depending on the specifics of a case, affirmative defenses can also be called justification defenses or less often, excuse defenses. Simply put, affirmative defenses are used to avoid, excuse or limit liability in a criminal or civil case.
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.
Florida Personal Injury Law: Statutes of Limitations
Most people understand correctly that a statute of limitations establishes the period of time in which a lawsuit can be filed after the cause of action occurred. There are different statutes of limitations depending on the cause of action, the jurisdiction and other factors. If too much time has expired after the cause of action occurred, the statute of limitations comes into effect, and the injured party’s window of opportunity for filing a lawsuit has closed. If you’re thinking of pursuing litigation, you should speak to a Central Florida personal injury lawyer without delay.
Florida Personal Injury Law: Theories of Tort Liability
Please bear in mind that an experienced Orlando personal injury attorney such as James O. Cunningham can provide a much more thorough explanation of tort liability theories and how they apply to your case. Florida laws in general and tort liability theories in particular are difficult to understand unless you have legal training and/or work in a legal profession. However, Central Florida personal injury lawyer James O. Cunningham makes client education a priority of his law practice. This is a very basic overview of theories of tort liability in the state of Florida.
A General Explanation of Florida Personal Injury Law
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.
Mr. Cunningham is an excellent and knowledgeable attorney.