Florida Personal Injury Laws

Brain Injury Lawsuit Filed By A Loved One

In Florida, a person can file a brain injury lawsuit on behalf of the loved one under certain circumstances. If you are a parent and it is a child who is a minor, yes, you can bring that lawsuit on behalf of your child. In other circumstances, it may require a guardianship to be set up so that you are appointed as the guardian by a guardianship judge in probate and estate court. Once you are assigned as the guardian by the judge, you then bring the lawsuit on behalf of the person in your capacity as his or her guardian.

Recovery From An Accident

If you’ve been injured in an accident in the state of Florida, you can recover or may be able to recover certain items relevant to damages. They’re generally broken down into two categories which are economic damages and non-economic damages. Economic damages include things such as your past and future medical bills, your past lost wages, your future lost or diminished earning capacity, and any out-of-pocket expenses you might have had, which would include things such as property damage to your car. The second category is non-economic damages and that includes things such as inconvenience, physical pain, mental anguish, and lost or diminished capacity for the enjoyment of life

Am I at Risk If I File a Lawsuit in Orlando

A lot of clients that I meet with have the same concern. A lot of them are concerned if there’s a risk to them to bring a lawsuit. The short answer to that is, there’s some risk, but we fight hard to minimize those risks. For instance, we advance all the litigation costs in a typical case. If we’re not able to succeed or win the case, the client does not owe us any money. Another thing clients worry about is, if it costs money to meet with the lawyer to just talk about their case, and it does not. We offer free consultations on any type of case. So, there’s no harm or risk to you to come in, to sit with us, to talk about the case, and discuss your options. We’ll give you honest advise on whether you have a case, and what the chances of success are in that case. So if you have a question like that, feel free to call us. Nathan Carter at Colling Gilbert Wright & Carter, 1-800-49-LEGAL.

By: Nathan Carter

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.

Bicycle Rights And Responsibilities

Everyone riding a bicycle has the responsibility to abide by the laws in the state of Florida. Sometimes people on bicycles think that they have a special right and that people driving cars have the duty to some way drive in a different way simply to avoid the bicyclist. Although it is true that every driver needs to be on the lookout for the bicyclist, bicycles still have to be in the correct lane, be operating the bicycle in an appropriate and a safe manner, have your bicycle helmet on at all times, and abide by all laws. Because you are on a bicycle you do not get a pass when it comes to abiding by the law.

Contingency Fees

In Florida, attorneys are permitted to represent you as consumers on a contingent fee basis. Oftentimes, when you’ve been involved in a catastrophic injury case or accident or situation, those cases will take years sometimes to travel through the litigation process. If you’ve suffered a catastrophic injury and you have mounting medical bills and are unable to work, a contingent fee representation system such as the one we have in Florida permits you and your attorneys to match the resources of the insurance industry or the trucking industry to help you along in your catastrophic injury case. All that means is you don’t pay your attorney fees until the end of the case, and only pay them if there’s been a recovery in the case. The attorneys get a percentage of that recovery for attorney fees. It also allows your attorneys to advance the costs of your case, and then only recoup those costs at the end of the case if there’s been a successful recovery on your behalf.

Alternatives To Court, Auto Accident

There are alternatives to going to court in an accident case. Obviously, one alternative is to settle your case, and then you will not be going to court at all. But other than having a jury trial with a judge presiding over the trial, there are certain things that can be done. You can have a mediation, which, if it works, your case would be settled. You can have an arbitration, which means one or perhaps three individuals hear the case and make a decision. So the answer is yes, there are other options in your case other than going to court.

Timeline On Pedestrian Accident Claims

It’s imperative if you or a loved one has been injured in a pedestrian accident case, that you contact an attorney quickly. The insurance company, once they’re on notice that there’s been an incident involving one of their insured drivers or vehicles, they are going to be assessing the scene of the incident and assessing the damage to the vehicle very quickly.

You, as a pedestrian, are oftentimes at a disadvantage because typically you’ve suffered injuries that have put you in a hospital. But you or a loved one should contact an attorney quickly because in pedestrian accident cases, evidence at the scene is oftentimes lost very quickly and it’s imperative that the scene of the incident be investigated properly by attorneys and experts and investigators so that, that critical evidence of what happened at the scene can be obtained.

Importance Of A Doctor Post-Injury

If the accident you’ve been involved in has resulted in you feeling injured, then it is important that you go to the doctor so that your injuries not only can be treated, but so that your injuries can also be documented for the claims handling process. Never allow a lawyer or a law firm to dictate your medical treatment. If you feel injured, if you feel hurt, if you feel different than you did before an accident, it’s imperative that you go to a doctor, you seek medical treatment, so that you can be adequately treated for your injuries and so that your injuries and damages can be adequately documented.