Central Florida Personal Injury Lawyer | Orlando Accident & Injury Blog
Orlando City Council member Daisy Lynum’s recent close call while crossing the street has given her a new sense of urgency about making Central Florida streets and highways safer for pedestrians and bicyclists. Early last summer, she was crossing a street in a crosswalk in west Orlando when she was nearly struck from behind by a car. The near-accident drove home what Orlando personal injury attorneys and concerned citizens have been saying for years. They have been urging policymakers on the state and local level to finally do something about our area’s reputation as the most dangerous place in the country for people who prefer to walk or ride their bikes to get around.
Orlando personal injury lawyer James O. Cunningham warns that the recent drowning death of a man who was a champion wrestler, experienced boater and capable swimmer highlights the need for all Florida boaters to practice boating safety. He also urges boaters to ensure that they have safety equipment on their watercraft as our state’s boating season gets underway in the coming weeks. The drowning victim was a 30-year-old man in excellent physical condition, but, when his boat capsized on Lake Rochelle in Lake Alfred, he was unable to swim to shore.
A dentist has opened a new practice in Polk City despite his recent release after serving three years in a federal penitentiary for tax fraud. An investigation by Health News Florida found that the man has a valid Florida dental license after failing to pay more than two million dollars in tax fraud penalties. Orlando personal injury attorney James O. Cunningham warns Floridians that our state still does not provide adequate protection against unethical healthcare providers who move to Florida to continue practicing medicine. Even though the dentist in question was convicted for tax fraud, not dental malpractice, it is indicative of the lax background checks state agencies conduct before granting licenses.
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.
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.
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.
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.
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.