Florida Personal Injury Laws

Pedestrian Hit By Car

If you or a loved one have been struck by a motor vehicle while a pedestrian, you very well may have a basis to pursue a claim against the driver of the car. But the basis for that claim depends on the circumstances surrounding the crash. You’d have to be able to demonstrate that the driver was negligent or careless, meaning that he or she did something wrong to cause the crash. An example would be that the driver run a stop sign or a red light, or failed to yield to you while crossing in the crosswalk.  If the car was owned by somebody other than the driver, you may also have a basis to pursue a claim against the owner of the car. And if the accident happened at the time that the driver was on duty for an employer, then the employer may also be responsible for your injuries.

Difficulty Winning An Accident Case

Winning any accident case is difficult. It is an uphill battle in the sense that you have to prove your case. In proving your case, you need to show fault or legal responsibility in whole or in part on the part of the other party. If there is some responsibility on your own part, that will be factored into it. But it requires proof and that’s why you want an attorney and you want that attorney to get on your case early.

Slip and Fall Case Orlando

If you slip and fell at somebody else’s property or at a business establishment you may be entitled to a recovery. If they had a dangerous or defective condition on their property that they didn’t fix or repair or didn’t warn you about you may have a way to recover against them. It’s important though to document that right away and to talk to an attorney to look into it to see if you have a valid legal claim. If you have any question about that type of case or any premises liability case call me. Nathan Carter at Colling, Gilbert, Wright & Carter 1-800-49-LEGAL.

By: Nathan Carter

Orlando Premise Liability Case

A lot of our clients call us and want to talk about premises liability cases. Premises liability cases are when a person is hurt on a property, a store front, a shopping mall, somebody’s house. They trip, they fall, they break their ankle, they break their arm. Those types of cases are difficult to win in Florida. However, you do have a right to recover. The law says that if there was a dangerous or defective condition that the property owner knew about and didn’t repair or warn of, then their negligent and you have to recovery against.   A lot of times it’s important to document the defect as soon as possible. If you trip over a broken curb or a missing tile, have a friend or family member go back and take a photo of the defect because a lot of times those conditions get repaired before we get involved. So, it’s important to document those things right away.   If you have a question about a premises liability case, call me, Nathan Carter at Colling, Gilbert, Wright, and Carter, 1-800-49-LEGAL.

By: Nathan Carter

Florida Wrongful Death Act

Florida has a specific wrongful Death Act. There are different types of cases that you can bring in Florida, or medical malpractice cases, nursing home cases, and general negligence cases. If you had a loved one pass away, or suffer a wrongful death that you think may be the result of negligence, it’s important to call us and talk about the facts of the case right away. There are different laws that apply to this situation. A lot of times, people ask us who’s entitled the recover and who can bring the case. We will help you set that up. We will get a probate lawyer involved, we’ll open the estate, we’ll appoint somebody to be the personal representative to bring the case, and we’ll figure out the exact statute that applies. If you have any questions about a wrongful death case in Florida, call us today. Nathan Carter at Colling Gilbert Wright & Carter, 1-800-49-LEGAL.

Cruise Line Injury Claim

Cruise line claims are different than most negligence claims. In Florida we have a four-year statute of limitations on negligence claims. However, it’s very different when you’ve been injured while on a cruise. The ticket or your cruise contract– it actually is that. It is a contract and there is usually small print language on the back of your contract that requires you to bring your claim or file written notice of your claim with the cruise line, typically within six months of there being an accident. And then to file a lawsuit within one year of the accident which is obviously much different than having a four-year statute of limitations.

All too often in Florida people that have been injured on a cruise line will wait too long because they think they have four years to bring a claim when it’s just not the case. The cruise line ticket or contract applies and you must read that language. You must have family members look at the contract if you’ve been injured while on a cruise line because often times you will no longer have rights to bring a claim if you wait too long and that’s typically more than six months from the date the incident occurred.

Truck Accident Cases

Truck accident cases are different than automobile accident cases because the stakes are usually higher. Typically the injuries and the crash itself are much more severe or unfortunately can be catastrophic. Anytime you’re in an accident with a commercial motor vehicle– what’s important when you’re in an accident with a commercial motor vehicle is that you document the scene and that you document the injuries because oftentimes the trucking company will have lawyers and investigators there at the scene of the crash within minutes, sometimes even before law enforcement gets there. So it’s important that you have lawyers that you contact that can get investigators to the scene quickly so that you can match up with the resources of the trucking company.

Limits On Damage Recovery

There are no limits on the damages you can recover in a car wreck or a truck wreck case. However, the judge will tell the members of the jury that each juror is to user his or her best judgment and discretion in determining what the assessment will be as to those damages, and the judge will explain to the jurors that each is to be reasonable as the members of the jury discuss what is the appropriate amount to award in a given case.

Entitled To File A Lawsuit

The way you will learn whether or not you’re entitled to file a lawsuit due to your accident, will come as a result of your obtaining the advice – the input of an attorney, once he or she has investigated and evaluated the case. That attorney will then tell you whether or not you have a viable case, and if so, when the time is to file that lawsuit.