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When you've been hurt, you want a Florida
personal injury attorney who knows exactly how
to take care of you.
At Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A., we represent injured
victims, not insurance companies. Our personal
injury department is comprised of trial
attorneys, case managers, paralegals and legal
assistants, all working together to provide the
best possible outcome to our clients. We have a
well-earned reputation for providing aggressive
and high quality representation to our clients,
and we know injury law. Since 1988, we have been
committed to protecting the safety of Florida
families statewide.
And we have won millions for our
clients.
This webpage was
developed to serve as a resource for personal injury
victims to gain a basic understanding of the law, to
understand the responsibilities of those who caused
harm, and to offer information on the types of damages
that may be received. While Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A.
recognizes that financial compensation cannot alleviate
the harm suffered by victims of personal injury, we
recognize that monetary consideration may help to ease
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Torts
"Personal
injury" is the general title given to civil wrongs
(torts) that cause bodily injury or harm. A tort assigns
responsibility to an individual, group or corporation
(defendant) for causing injury to another person
(plaintiff). The primary goals of personal injury law
are to provide relief (damages) to the plaintiff and to
deter the defendant from inflicting further harm to
others. Personal injury litigation encompasses a wide
variety of claims including:
-
wrongful death
- birth defects caused
by toxic chemicals
- cancer caused by
toxic chemicals
- accidents:
- slip and fall
- aviation
- motor vehicle
- railroad
- ATV
- motorcycle accidents
- boating and
watercraft accidents
- animal bites
- medical
malpractice
- premises § product liability (e.g.,
defect in either manufacturing or design of product,
failure to warn)
- wrongful death: survivor
recovers economic value of remainder of decedent's
life
- nursing home and
elder abuse
- toxic torts
- including chemicals & cosmetics, class actions, hazardous waste, pesticides, radiation and
electromagnetic energy
- class action (several
related lawsuits are combined into one to avoid
swamping the judicial system with hundreds or
thousands of individual cases)
- medical devices
-
pharmaceutical products
Damages
If you have an injury
that was caused by someone else's actions or negligence,
you should seek the advice of an experienced Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. attorney. Our attorneys will consult with
you about filing a suit to recover damages. According to
the law, personal injury victims are entitled to
compensation for the plaintiff's breach of duty or
violation of some right. If the jury finds the defendant
guilty of negligence or wrongful conduct, then you will
be entitled to receive plaintiff damages. Damages can be
economic (for lost wages or medical expenses),
non-economic (for pain and suffering), and punitive (to
punish reckless behavior). Punitive damages are usually
awarded only if the defendant's actions were so heinous
that the judge believes it necessary to make an example
of the defendant. If your injury was caused by a defect
in a product's design, production or labeling, any or
all parties involved in the manufacturing chain can be
held liable for damages.
While some personal
injury suits may be based on intentional acts such as
assault and battery, most claims are due to negligence.
To win your case, the four critical components of
negligence must be established. These critical elements
are:
- The defendant had a
duty to you,
- The defendant failed in that duty
(breach of duty),
- That you were harmed because of the
defendant's breach of duty, and
- That damages resulted
from the harm.
Only a skilled and
experienced personal injury attorney will be able
present and prove these factors and ensure that you
receive fair consideration. At Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A., we are on your side. We can effectively represent
your case and help to ensure that you receive
compensation for any damages that you have suffered.
At Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. we are committed to protecting the safety of
Florida's families. Our cases are handled by a team of
professionals, including nurses, doctors, engineers and
other experts. State-of-the-art technology is utilized
to effectively present claims. Lawyers, judges and
clients recognize Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. as one of the
top civil trial firms in Central Florida.
If you or a
loved one has been a victim of personal injury, contact us today via our online contact
form, or call
our Orlando office at (407) 381-4123, or our Kissimmee
office at (407) 846-2240. Whether your case is settled
or tried, you can be assured that Martinez, Manglardi, Diez-Arguelles & Tejedor, P.A. has obtained the maximum possible amount of
damages in your case.
Personal Injury Questions & Answers
- What is a class action lawsuit?
- What is negligence?
- What are punitive damages?
- What does pain and suffering include?
- What is contributory negligence?
- What is a tort?
- I fell in a puddle of water at the grocery store.
Can I sue and win a lot of money?
- I didn’t have any medical expenses or lost
income when I fell in the store; can I still collect a
settlement?
- How is negligence determined?
- I’ve heard the phrase “assumption of risk.”
What does it mean?
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