Orlando Personal Injury Lawyers
Accidents happen when we least expect them, but their consequences can last a lifetime. If you’ve been hurt because of someone else's actions--or their failure to act--you might be entitled to compensation for your injuries.
Personal injury cases encompass a wide range of incidents, from car accidents to slip and fall injuries, medical malpractice, and more. The lawyers in our Orlando office are here to guide you through the legal process. We work hard to protect your rights, hold those at fault accountable, and secure the compensation you deserve.
Modified Comparative Negligence in Florida
Florida follows a modified comparative negligence rule in the awarding of damages. Under this system, you may still recover damages even if you were partially at fault for the accident. However, your compensation will be reduced by your percentage of fault.
Here’s how it works: If you were 20% at fault and awarded $100,000 in damages, you would receive $80,000. It’s important to note, however, that Florida’s rules also bar any recovery at all if you are found to be more than 50% at fault. Understanding how comparative negligence applies to your situation is crucial, as quite literally every percentage point of fault matters.
Sherris Legal, P.A. has served the good people of Orange County and Seminole County since 2004. Call (407) 598-6035 or contact us online today.
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How to Win a Personal Injury Case
Winning a personal injury case involves proving negligence on the part of the defendant. Negligence occurs when someone fails to act with reasonable care and causes harm to another person.
To build a case for negligence, four key elements must be established: duty of care, breach of duty, causation, and damages.
Duty of Care
A duty of care is a legal obligation to act in a reasonably safe manner to prevent harm to others. This duty applies in many situations, such as drivers obeying traffic laws, property owners maintaining safe premises, and medical professionals delivering competent care. For instance, a grocery store owner has a duty to keep floors free of spills to prevent customers from slipping. Without a duty of care, there is no legal basis for a personal injury claim.
Breach of Duty
Once the duty of care is established, the next step is proving that the defendant breached that duty. A breach occurs when someone fails to act as a reasonable person would under similar circumstances. For example, texting while driving or failing to put up a "wet floor" sign after cleaning can constitute a breach of duty. Our attorneys will look for evidence like eyewitness accounts, video footage, or expert testimony that may be able to demonstrate how the defendant’s conduct fell short of the standard of care.
Causation
This element establishes a link between the breach and the harm you suffered. For instance, if a distracted driver ran a red light and struck your car, their negligence must be proven as the direct cause of your injuries. If your injuries happened due to an unrelated event, the defendant cannot be held liable, even if they otherwise breached their duty of care.
Damages
The final piece of a negligence claim involves proving damages. Damages refer to the losses you’ve suffered as a result of the accident. These can include medical expenses, lost wages, pain and suffering, emotional distress, and more. We will help calculate the full extent of your damages to help you get fair compensation. For example, if you require long-term medical care or rehabilitation, this ought to be factored into your claim to cover future expenses.
Call Our Personal Injury Lawyers Today
When you’ve been injured due to someone else’s negligence, you need a legal team that will fight relentlessly on your behalf. Our Orlando office combines years of experience with a deep dedication to securing justice for our clients. We work on a contingency fee basis, which means you don’t pay anything upfront. We only get paid if we win your case.
Don’t wait to seek help. Evidence can disappear, memories can fade, and important deadlines can be missed. The sooner you reach out, the sooner we can start building your case. We’ll handle every aspect of the legal process so you can focus on your recovery. We’ve gotten some excellent reviews from past clients and are confident in our ability to help you.
Sherris Legal, P.A. serves both English and Spanish-speaking clients. Call (407) 598-6035 today. We offer virtual consultations for your convenience.