Helping Injured Victims Recover

Our experienced South Florida personal injury team is dedicated to providing effective legal representation to those who suffer serious injury caused by the careless or intentional misconduct of a third party. When you are injured by another party’s failure to take reasonable care to avoid causing the injury, you may have a claim for damages, i.e., the right to be financially compensated for your injuries. While financial compensation awarded by a personal injury judgment will not alleviate your pain, restore your ability to walk or preserve your ability to earn a living, it can provide the financial means to rebuild your life and preserve the quality of life that you had prior to being injured. If you have suffered severe injuries or are permanently disabled, you are probably facing, or will be in the near future, overwhelming medical bills and household expenses without having the physical means of earning a living.

We know that while you are healing, the financial pressures, insurance hassles and legal complexities that you face can interfere with your ability to focus on your recovery. Experienced West Palm Beach personal injury lawyers at the Law Offices of James S. Cunha, P.A. are committed to effectively representing you when dealing with legal and insurance issues so that you can devote your attention to a full recovery. Our South Florida personal injury lawyers are committed to obtaining justice for those who are injured from the negligence or misconduct of others.

Beware of the Insurance Adjuster – Wolf in Sheep’s Clothing

Many personal injury victims in Palm Beach County, and throughout Florida, make the mistake of trying to initially handle their personal injury case without the benefit of an experienced personal injury law firm. When you are injured in an accident like a motor vehicle accident, for example, you may get a call from the other driver’s insurance adjuster who may be friendly and seem motivated to promptly resolve your car accident claim. Do not be mistaken! The other driver’s insurance company has one interest, which is typically adverse to your legal interests. The goal of the other driver’s insurance company is to either deny or minimize your claim. The insurance adjuster may even ask you to provide a recorded statement, which you are under no obligation to provide. If you have suffered injuries in a car accident in Florida, it is a bad idea to negotiate directly with the other driver’s insurance company, provide any sort of statement or sign anything without legal representation. Insurance companies handle hundreds of thousands of injury claims so they know exactly what to say to an unsuspecting injury victim who is unfamiliar with the legal process.

Below is a list of just a few examples of the mistakes made by many self-representing personal injury victims.

• Failing to file a lawsuit before the Statute of Limitations expires because of ongoing negotiation

• Signing a consent authorizing release of all medical and employment records

• Failing to comply with appropriate court discovery procedures and being sanctioned both in terms of financial terms and evidence or issues that you are allowed to raise

• Conceding conduct that my shift some or all of the fault to you

• Settling a case before realizing you have long-term injuries that you were unaware existed

• Signing a general release waiving all future claims including those based on rights to recover compensation for injuries that were not apparent at the time of the incident

When an insurance company learns that a party is unrepresented, they may try to settle the case quickly for pennies on the dollar before an injury victim can discover the full extent of one’s injuries or the genuine value of one’s claim. You should never sign anything or negotiate with the other driver’s insurance company until you have consulted with an experienced West Palm Beach personal injury lawyer.

Personal Injury Claims Based on Motor Vehicle Accidents

Our experienced and caring South Florida personal injury lawyers at the Law Offices of James S. Cunha are dedicated to treating clients with compassion, dignity and commitment. Civil litigation of a personal injury claim involves a complex discovery process for providing and receiving factual information, documents, records followed by a highly technical evidentiary process in the event that the claim is litigated before a jury. Our firm has the resources and experience to handle collision cases involving all types of vehicles including passenger cars, passenger vans, pickup trucks, SUVs, motorcycles, bicycles and tractor-trailers.

Negligence in simple terms refers to the failure of an individual to use reasonable or ordinary care under the circumstances to prevent injury to another. Although driver negligence is the most common cause of motor vehicle accidents throughout South Florida, negligence of other parties, such as automakers, government entities that design and build roads, or car owners that negligently entrust their vehicle to others, may sometimes contribute to a car accident, and thus, responsible for damages.

The attorneys at the Law Offices of James S. Cunha are dedicated to representing victims who have been injured in cases involving:

• Speeding drivers

• Motorcycle collisions

• Sideswipe impacts

• Driveway/parking lot backup accidents

• Pileups involving multiple cars

• DUI/DWI crashes

• Collisions involving commuter, long-distance, tour and school buses

• Cars hitting pedestrians

• Crashes resulting in injuries caused by airbags

• Tractor-trailer accidents

• Crushed roof rollovers

• Collisions with uninsured/underinsured motorists (UM)

• Rear-enders

• Defective roadway accidents

• Delivery truck crashes

• Crashes involving rental cars

• Rollovers especially involving SUVs and 15-passenger vans

• ATV rollovers

• Head-on crashes

Personal Injury Claims Based on Premises Liability Claims  

A property owner has the general obligation to keep the premises reasonably safe or warn those who come on the property of potential hazards. The precise scope of the duty a property owner owes to those who come on the property typically depends on the visitor’s age, purpose for visiting and the nature of the hazard. If someone is on the property for some sort of general business task or some similar reason that is for the benefit of both the property owner and the visitor, the property owner will generally owe a duty of care. While social guests may also be protected, the duty owed by a property owner may not be as extensive. A property owner generally owes the lowest duty of care to a trespasser with the exception of children who may lack the experience and maturity to appreciate potential hazards.

• We represent clients involved in all types of premises liability claims including the following:

• Dog attacks and maulings

• Slip and falls in restaurants, grocery stores and department stores

• Accidents on construction sites

• Drowning and near drowning swimming pool accidents

• Accidents at amusement parks

• Negligent Security

A lawsuit involving premises liability law is very fact intensive and requires extensive investigation. If you are injured on the property of another in an accident like a slip and fall, our experienced West Palm Beach personal injury lawyers investigate a wide range of facts and circumstances including the following:

• The maintenance and inspection procedures for the business

• Presence of adequate barriers or warnings

• The nature of the hazard and the length of time it was present

• How the hazard was created (i.e. natural condition vs. caused by property owner)

• Whether employees observed the hazard prior to the accident

• Reports made by other patrons of the existence of the hazard

• Past pattern of similar hazards

• The intensity of lighting

Personal Injury Lawsuits from Criminal Conduct

Personal injury cases arising from intentional criminal conduct will typically follow a criminal prosecution against the defendant. The finding of guilt in the criminal case will often form the basis for a finding of liability in the subsequent civil suit. These cases often involve punitive damages to punish particularly wrongful conduct and discourage similar bad acts in the future. When there is no criminal conviction, we will have to develop evidence establishing that the conduct occurred. If there is a criminal conviction prior to the civil lawsuit, the civil case will typically turn on the issue of the seriousness of the victim’s injuries and the appropriate measure of damages. Although personal injury lawsuits based on intentional conduct like criminal assaults are less common, they still are pursued due to seriousness of the victim’s injuries. Some of the types of personal injury cases that our West Palm Beach personal injury law firm handles include the following intentional torts:

• Physical assaults/battery

• Physical, emotional, sexual or financial abuse of a nursing home resident

• Sexual abuse claims

• Molestation or abuse of a child

• Clergy abuse claims

Our firm also aggressively pursues civil suits against defendants whose willful and wanton misconduct has resulted in a fatality. In these types of cases, we represent either the statutory survivors of the victim (referred to as the decedent) or the victim’s estate. Our law firm represents survivors or the victim’s estate in wrongful death actions involving fatalities caused by a defendant’s reckless driving or by a defendant’s decision to operate a motor vehicle while under the influence of drugs or alcohol or reckless driving.

Product Liability Lawsuits Based on Defective Products

When a business places a product in the stream of commerce, the product manufacturer has the responsibility to ensure that the product is safe when it is used as intended—or even reasonably foreseeable misuse. Liability for injuries caused by an unsafe product that is defectively designed, manufactured or marketed is based on product liability law. Liability may apply to anyone in the production chain including the designer, manufacturer, wholesaler or retailer. Product liability law may be based on negligence but sometimes strict liability (i.e. liability without fault) may be the basis for liability. It may be sufficient that the defect was present when the product leaves the manufacturer regardless of how the defect occurred. Defects that may be the basis of product liability include the following:

Design Defects: These defects are inherent in the basic design of the product. Even if the product is manufactured in precise compliances with product specifications, the defect will be present.

Manufacturing Defects: These defects occur when problems arise in the actual fabrication or manufacturing process. The defect arises because of deviations from the product specifications.

Marketing Defects: Some products may be safe when used as intended but may also be subject to foreseeable misuse. If there are potential dangers of this nature, liability may be based on failure to provide adequate warnings.

Our experienced West Palm Beach personal injury lawyers are dedicated to effectively representing clients in a broad range of product liability lawsuits including:

• Drugs with dangerous side effects

• Poorly designed or constructed power tools

• Defective electronics and household products

• Products that have been recalled

• Defective children’s products

• Product defects that cause motor vehicle accidents

• Flawed medical devices

Potential Compensation in a West Palm Beach Personal Injury Lawsuit

• Depending on the specific circumstances of your personal injury claim, you may have a right to seek the following damages:

• Lost wages or salary

• Hospital and medical expenses

• Pain and suffering including impaired enjoyment of life experiences

• Permanent disability (i.e. lost future earnings)

• Compensation for disfigurement

• Impairment of marital relationship (loss of consortium)

• Wrongful death (burial and funeral costs)

• Punitive Damages (particularly egregious conduct like being injured in an accident caused by the other driver who was operating a motor vehicle while under the influence of drugs or alcohol)

Personal Injury Attorneys Possessing Skill, Experience and Tenacity

We are loyal and passionate about our clients’ cases and consistently seek the best possible outcome to their personal injury claim. We bring a substantial level of skill, knowledge and diligence along with the ability to think outside of the box so that we can be the most effective advocates for our South Florida personal injury clients. No matter where you are located in Florida, our experienced West Palm Beach personal injury lawyers at the Law Offices of James S. Cunha are just a phone call away. Even if you just have questions about personal injury issues or a potential claim, but have not decided to take action, we can provide initial answers to help you determine the best possible approach to helping you obtain the financial compensation that you deserve so call us today at (561) 429-3924 or toll free at 1-800-558-1227. We offer a no obligation free consultation, so you have nothing to lose and everything to gain. Contact us Today.

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