Personal Injury Attorney In Orlando, Florida

Since 2008
Jerry Jenkins is an Orlando, FL personal injury attorney that represents clients in both auto accidents and criminal defense. Jerry covers the Central Florida community including Sanford, Tavares, Orlando, Kissimmee and surrounding areas. Accidents can happen anywhere and at any time. Some of these accidents are due to factors that are beyond anyone’s control. However, other accidents are caused by someone’s negligence or recklessness. This type of accident is covered by the umbrella of personal injury law, and victims of accidents that are caused by negligence may be able to seek compensation for their injuries.

What Laws Does Florida Have To Protect Those Who Have Been Injured Due To Negligence?

A personal injury claim is a civil lawsuit that is filed against another person, business, organization, governmental entity, or the insurance carrier of any of these. The basis behind personal injury claims is that someone else’s negligence or recklessness caused a condition in which the plaintiff became injured. A lawsuit is filed against the at-fault party, seeking compensation for damages that were caused. Some of the common damages involved in a personal injury lawsuit include:

• Medical bills and the cost of future medical treatments
• Property damage, such as repair to a claimant’s car following an automobile accident
• Lost wages for work missed due to the injuries suffered
• Loss of future earning potential, if the claimant is no longer able to work, or no longer able to work at the job he or she held before the accident
• Pain and suffering, including both physical and mental suffering

To have a successful outcome in a personal injury case, negligence must be proven. The case must establish three points:

• The defendant owed the plaintiff a duty of care.
• The defendant breached his or her duty of care.
• This breach in the duty of care caused the plaintiff’s injuries and resulted in the damages that the client is now seeking.

If you pursue compensation via a personal injury lawsuit, some of the following conditions may apply:

• There may be more than one liable party. In Florida, if a person, business, or entity can be subject to liability if found to be at least 1 percent responsible for causing the accident that led to your serious or permanent injury. An example of a case where there is more than one liable party is if your accident was caused by a negligent driver who is driving a company truck during the scope of his or her normal employer and who has an extensive history of driving infractions. In this case, both the driver and the company the driver works for may be found liable for your injuries.
• Florida’s pure comparative negligence rule means that even if you are partially responsible for the accident that caused your injuries, you still may file a claim against liable parties. However, your award will be reduced by the percentage of responsibility you bear. For example, if the court determines that you are 20 percent responsible for the accident, your award will be reduced by 20 percent.
• Will your lawsuit be filed in time to meet the state’s statute of limitations? In Florida, the time limit for filing a personal injury lawsuit is four years from the date of the injury.
• What were your damages and how much should you ask for? The amount of compensation you may seek is based on the costs of your economic damages, such as medical bills and lost wages as well as your general damages, which include impacts to your quality of life such as pain and suffering or emotional distress. If the negligent or reckless actions that led to your injuries were particularly egregious, punitive damages may also be added to your claim. When filing a personal injury claim in Florida, you may only receive punitive damages that are three times the amount of compensatory damages or up to $500,000, whichever is greater.