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Florida Personal Injury Overview

In the state of Florida, personal injury law is centered on the concept of torts, which are usually referred to as harmful acts, the failure to act, or civil wrongs which cause damage to a person, their property, their reputation or their commercial interests in some way. In order to further your understanding of how the personal injury claims process works in Florida, we’ve provided a Florida personal injury overview here that you can read at your leisure. For more information or if you feel that you have a valid personal injury claim, call the law offices of Florida personal injury attorney James O. Cunningham today at 877-FL-INJURY.

The foundation of a Florida personal injury claim: An accident and the resulting injuries

Most injuries begin with an accident of some kind such as vehicle accidents, slips and falls, product liability or malpractice where someone has sustained an injury or injuries. A personal injury may also result from events that are not accidents but deliberate attempts to cause injury such as assault and battery.

Tort theories that establish negligence

In order to prove someone was negligent, a plaintiff must establish that:

  1. The defendant had a duty to conform to a certain standard of conduct to protect others from unreasonable risk;
  2. The defendant breached that duty;
  3. The defendant's breach was the proximate cause of the plaintiff's injury; and
  4. The plaintiff suffered an injury.

Retaining a Florida personal injury attorney

Retaining the services and legal counsel of a personal injury attorney enables people to gain a better understanding of their options and make informed decisions on which option will be best for their situation.

Building a personal injury claim and the computation of its value

A simplification of the elements of what can be a very complex process includes:

  • The healing process
  • Medical treatment
  • Medical expenses and other bills
  • Loss of income
  • Pain and suffering

Negotiating with the insurance company

This is another step where having the counsel of an experienced Orlando Florida personal injury attorney can be a huge asset. They will have many years of experience dealing with insurance company lawyers and will look out for your best interests.

Achieving a settlement with the insurance company

If negotiations are successful, you may wish to reach a settlement with the insurance company with the help of your Florida personal injury lawyer. If negotiations for a settlement are not successful, the next step would be filing a lawsuit in court.

These are the very broad strokes of what can be a confusing process that is even more difficult when you or someone you care for has suffered an injury of some kind. If you have any questions about any or all aspects of how the personal injury claims process works in Florida, call Florida personal injury attorney James O. Cunningham today at 877-FL-INJURY.

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