Personal Injury Attorney in Orlando

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.

Identifying Duty of Care in Orlando

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 scenarios, 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.

In everyday life, duty of care is a fundamental principle that ensures the safety and protection of individuals. For example, businesses are mandated to provide a safe environment for their patrons by addressing potential hazards promptly. Similarly, drivers are expected to follow traffic rules and drive responsibly to protect pedestrians and other motorists. Recognizing these duties helps create a society where citizens can expect a certain level of safety and protection.

Proving Breach of Duty with an Orlando Injury Lawyer

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 demonstrate how the defendant’s conduct fell short of the standard of care.

Demonstrating a breach of duty often requires meticulous evidence collection and strategic presentation of facts. By working with expert witnesses and gathering substantial evidence, we lay the groundwork for a compelling argument that highlights the defendant’s failure to uphold their responsibilities. Photographs, surveillance footage, and expert analysis can turn initial assumptions into solid proof of negligence.

Causation and Its Importance in Personal Injury Claims

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 to be 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. 

Figuring out causation involves more than just linking the breach to the harm; it requires an understanding of potential intervening factors or pre-existing conditions. Our legal team carefully evaluates every element of your situation to ensure that the exact chain of events is clearly outlined. Whether through medical records, expert testimony, or accident reconstruction, we aim to present an irrefutable narrative of how the defendant's actions led directly to your suffering.

Calculating Damages with an Orlando Personal Injury Attorney

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.

From the costs of medical treatments to the emotional toll of an accident, every aspect of a victim's ordeal is integral to calculating damages. Lost earning capacity, ongoing pain, and the psychological impact are essential considerations that represent a victim’s lived experience and future challenges. Our detailed assessment ensures no aspect of your suffering is undervalued, paving the way for a comprehensive claim that truly reflects your losses.

Seek experienced assistance from a qualified accident lawyer in Orlando at Sherris Legal, P.A.. Call (407) 598-6035 or contact us right away to secure your consultation.

Understanding Orlando's Personal Injury Laws

Florida's personal injury laws have distinctive features that differentiate them from those in other states. The state's no-fault insurance mandate requires each driver to use their own insurance to cover initial damages, irrespective of fault. This requirement underscores the necessity for Orlando residents to grasp the nuances of Personal Injury Protection (PIP) coverage. PIP is designed to cover medical expenses and lost wages up to a certain limit, regardless of who caused the accident.

Additionally, Florida's specific statute of limitations dictates the timeframe within which legal actions for personal injuries must be initiated. Being well-acquainted with these deadlines—and the possible impact of missing them—can be pivotal in safeguarding one's rights. Understanding the implications of these laws can significantly influence the strength and direction of a personal injury claim, making legal counsel invaluable.

Recovery and Resources After an Accident in Orlando

Experiencing an accident can be jarring, but the road to recovery is significantly smoother with the right resources at hand. Orlando boasts a range of facilities that can assist in your rehabilitation journey. The Orlando Health Rehabilitation Institute, for instance, provides comprehensive services ranging from physical therapy to advanced neurological care. Such institutions focus on holistic recovery, ensuring that both physical and mental health are given utmost priority.

Beyond medical facilities, Orlando's support groups, like those organized by the Florida Brain Injury Association, offer solace and camaraderie to those navigating post-accident challenges. Here, individuals find a community, share experiences, and gather strength from collective wisdom. Engaging with these groups can greatly enhance mental well-being, providing an emotional anchor during turbulent times.

Why Choose Sherris Legal, P.A. as Your Injury Lawyers in Orlando

At Sherris Legal, P.A., our approach is both comprehensive and compassionate. Our team is spearheaded by siblings who bring a familial touch to every interaction, committed to treating clients not just as numbers but as individuals with unique stories and challenges. Operating on a contingency basis, we ensure that quality legal representation remains accessible to everyone regardless of their financial situation.

Our commitment extends beyond the courtroom, with a firm emphasis on honesty, integrity, and justice. We navigate the complexities of each situation with diligence, aiming for outcomes that prioritize client welfare. Our bilingual services further bridge communication gaps, serving both English and Spanish-speaking clients in our Orlando community effectively.

At Sherris Legal, P.A., our expert accident attorney in Orlando is ready to provide personalized legal guidance. Contact us through our online form or call (407) 598-6035 to secure your consultation. Se habla Español.

Frequently Asked Questions About Personal Injury in Orlando

What Should I Do Immediately After an Accident?

Immediately following an accident, ensuring your safety and well-being is paramount. Start by checking yourself and others for injuries and call 911 to report the accident and request medical assistance. Collecting as much evidence as possible from the scene is crucial. This can include taking photographs, obtaining witness contact information, and documenting the details of the incident. It's also essential to notify your insurance company promptly but avoid making detailed statements until you've consulted with an injury lawyer in Orlando.

How Does the No-Fault Insurance System Work in Orlando?

Under Florida's no-fault insurance system, which is applicable in Orlando, individuals turn to their personal injury protection (PIP) coverage to cover medical expenses and lost wages, regardless of who's at fault. However, PIP has its coverage limits, and if your damages exceed those limits, pursuing compensation from the at-fault party may become necessary. Understanding the interplay between PIP and potential litigation is key to navigating post-accident claims efficiently.

What Are Common Types of Personal Injury Claims in Orlando?

Personal injury claims in Orlando often arise from various incidents including car accidents, slip and falls, medical malpractice, and workplace injuries. Each type of claim necessitates a unique approach, tailored to the specific circumstances surrounding the incident. Having a knowledgeable personal injury attorney Orlando can greatly assist in navigating these diverse claims, each with its own set of legal requirements and compensation structures.

Why Is It Important to Seek Legal Advice Quickly After an Incident?

Acting swiftly after experiencing a personal injury is crucial, as delays can lead to fading evidence, missed legal deadlines, and reduced potential for fair compensation. Consulting with a qualified attorney promptly can provide you with guidance on necessary actions, ensure critical evidence is preserved, and protect your rights. Moreover, a timely legal intervention can alleviate the stress associated with navigating insurance discussions and claims, allowing you to focus on recovery.

How Can I Prove Negligence in My Personal Injury Claim?

Proving negligence is fundamental to a successful personal injury claim in Orlando. This involves demonstrating that the defendant owed a duty of care, breached that duty, and directly caused damages as a result. Gathering evidence such as witness testimonies, medical records, accident reports, and expert analysis can substantially support your claim. Legal professionals play a pivotal role in organizing and presenting this evidence compellingly to substantiate claims of negligence.

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. We offer virtual consultations for your convenience. Hablamos Español.