Florida Personal Injury Laws

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

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.

Punitive Damages, Auto Accident

If you have been injured in an accident, you’re entitled under certain circumstances to be compensated for your losses. That’s called compensatory damages. Punitive damages, also called exemplary damages, are only allowable in Florida when there has been not just gross negligence but an extraordinary, wrongful level of conduct, so much so that when people look at it, they would say it is almost intentional in terms of the conduct that set things in motion. An example would be the conduct of someone deciding to drink, knowing that he is later going to get behind the wheel of a motor vehicle. Gross negligence is the key. It is also referred to as willful or wanton conduct.

Finding A Brain Injury Attorney

In a Florida brain injury case, in order to begin the litigation process it is essential that you obtain the services of a very competent, qualified, and experienced trial lawyer. You need to seek out and do the proper research and your due diligence in finding a lawyer who is experienced in handling brain injury cases. And by experience I mean not only a lawyer who has litigated and handled them for years, but a lawyer who has taken brain injury cases to verdict in front of judges and juries.

Semi-Truck Accident Attorney

Retaining an attorney after you’ve been injured in a big rig trucking accident is essential, but you want to get not just a good lawyer, the best lawyer. You want someone who is qualified, someone who has had experience in handling, in litigating, and hopefully in taking to verdict some big rig tractor trailer truck cases. You need a lawyer who knows the federal regulations. You need a lawyer who is trusted by other lawyers. It’s not good enough to just research a lawyer on the Internet. You want to find out his or her reputation by checking with other lawyers or by checking with organizations to see what her qualifications are and what she has been doing over the course of her career.

Punitive Damages For An Auto Accident

In a Florida auto accident case you sometimes can recover punitive damages. These are damages that are different from compensatory damages, which are the damages that compensate you for your injuries. Punitive damages are designed to punish the wrongdoer. In Florida, punitive damages are available in a car accident case, only if you can establish that the defendant, or at-fault driver’s conduct, either was intentional or amounted to gross negligence, which is sometimes also referred to reckless conduct. So it’s a higher threshold that you have to establish in terms of the wrongfulness of the conduct, in order to be entitled to recover punitive damages in your case.

By: Matt Dolman

Witnesses To A 18 Wheeler Accident

In any big rig tractor trailer truck accident case, witnesses are helpful and witnesses are usually necessary. We’re referring here to eye witnesses who actually saw something just before, or during, or after the wreck, and we’re talking about experts who come on the scene including law enforcement officers and paramedics. But in addition, key witnesses will be the people involved in the two vehicles, and it’s important to obtain the statements of those people – the drivers, the passengers – as quickly as possible. Witnesses play a key role in each and every case.

Why Our Law Firm Is Different

A lot of clients that come to us have also met with other firms or other lawyers. I think one thing that make our firm special is that each of the partners and each of the lawyers in our firm meet with clients personally. If we take the case we handle the case personally. My clients call me everyday, they e-mail me, they call me on my cellphone. We get personally invested with our clients in their cases. We don’t take a huge volume of cases. We try to take a number of cases that we can handle the client personally and handle the case like it’s a member of our family. I think some firms in Florida and in Orlando take a high volume of cases, and I think the work suffers because the clients don’t get to know their lawyer and the lawyer is not personally invested in their case. If you have a question about a case and would like to sit down with one of us personally and talk about it. If we take the case we’ll handle it personally. Another thing is that we have a team of lawyers and a team of experts that work together on your case. So we’re all fighting for you and fighting for your cause. If you have a question about a case like that or just want to discuss about your options with us, call me. Nathan Carter at 1-800-49-LEGAL.

By: Nathan Carter