Florida Personal Injury Laws

Defective Product Case With Limited Evidence

It is very difficult to pursue a product liability case without having the actual product that is alleged to be defective. Unfortunately, all too often, folks will approach our law firm about pursuing a product defect case or a dangerous medical device case, but that device itself or that product itself has been destroyed or is no longer in existence. If you believe that you’ve been injured by a defective product, you must take all steps to preserve that evidence which will become crucial in the case because both the defense and your own lawyers will have experts that will look at that device and determine whether or not it’s in fact defective. So, it’s very difficult to pursue a product defect case without the actual device that is alleged to be defective.

Motorcycle Accident Investigation

The investigation of a motorcycle accident is critical. Oftentimes you will have many witnesses, for example in an intersection collision case, and several years later when you take the depositions or sworn statements of those witness who have all observed the same exact crash, they will have greatly varying versions of what actually happened. So the investigation of a motorcycle accident is critical; you have to preserve evidence at the scene. Where did the motorcycle come to rest? Where did the other vehicles come to rest? Where were witnesses when they observed what happened? Were there skid marks or gouge marks in the roadway?

It’s crucial that you investigate very soon after a motorcycle accident to preserve that evidence that will become critical in later reconstructing the accident to determine who was at fault for the crash.

Orlando Personal Injury Case Recovery

If you have a personal injury accident case in Florida, there are different types of damages that you’re entitled to, but generally speaking, you’re entitled to past damages and future damages. The past damages would include things like medical bills, and economic losses, lost earning capacity, missing time from work – things like that. You’re also entitled to future damages. If you have a permanent injury or a bad injury, you’re entitled to recovery medical bills that you may need in the future. You’re also entitled to recover what’s called lost earning capacity, or the ability to earn money in the future. You’re also entitled to recover future pain and suffering. If you have questions about that type of case, call me – Nathan Carter at Colling Gilbert Wright & Carter, 1-800-49-LEGAL.

By: Nathan Carter

How Much Is My Case Worth?

Hi, I’m Matt Dolman of the Dolman Law Group. I’m a Clearwater civil trial attorney. A question I’m often faced with is, how much is my case worth? And the context I’m going to answer this question in is for an individual that was just in an auto accident. Keep in mind that the value of a case is based on a number of criteria. How much insurance is available? How big was the impact in terms of the collision itself? Was there a lot of property damage? Do you have prior injuries going into the accident? What are your pre-existing injuries, and was there an aggravation or exacerbation of your prior symptoms? Are you going to need future medical are?

Determining Case Value

Any attorney or legal assistant or paralegal or anyone that tells you how much your case is worth before you commence medical treatment, and seriously, before you have gone through a long period of medical treatment where we can ascertain what your future medical costs will be, is simply blowing smoke. They’re lying to you. The only way you can tell what the value of a case is, is based on the criteria we already spoke of. When you first are in an automobile accident, you’re not going to know what your injuries really are. They could be catastrophic, they could be minor, but until there’s a passage of time, we don’t know if these injuries will alleviate themselves. Will they heal? And what will be the permanent ramifications, if any?

Hire Attorney Matt Dolman

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By: Matt Dolman

Timeframe To Bike Accident Settlement

There is no way of being able to give you a time specific or a certain timeframe within which you can settle a bicycle accident case in Florida. Sometimes these cases settle within two or three weeks after you come to an attorney. Sometimes it takes months and months. The key is making sure that you provide your lawyer with all of the important information and that you cooperate fully with him or her. And at least the attempt to settle the case may result in a quicker settlement and getting your case done and over with sooner as opposed to later.

How long do you have to file your car accident claim in Florida?

Generally four years, but there are exceptions. Don’t take any chances. You need to hire an experienced Florida car accident lawyer.  I’m Mel Wright. I’m a partner at Colling, Gilbert, Wright, & Carter. Call us at 1-800-49-LEGAL.

By: Mel Wright

Defective Product Injury Claim

If you’ve been injured by a product, it may very well be that the product had either a design defect or a manufacturing defect, which are two variations of product liability or product defect law. A design defect means that the product was designed in such a way that it was unreasonably dangerous and maybe could have been designed more safely. A manufacturing defect means that the product, although it may have been designed appropriately, suffered from a defect at some point during the manufacturing process. Either way, if the defect caused an injury, you may have a basis for the claim.

The best way to determine whether or not the product may be defective is to contact an experienced product liability attorney, who generally is going to be able to research and provide information with respect to any recalls or other lawsuits or litigation involving the same or similar products.

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.

Determining Fault For Auto Accidents

The fault is not always easily determined in an automobile accident case. Sometimes it will be clear-cut such as a rear-end collision, although even a rear-end collision is not always as simply as straight forward as it may seem. An attorney is going to investigate the cause or causes of any automobile accident and determine who is at fault, and sometimes it’s one party, and sometimes multiple parties can share responsibility for an accident. The starting point usually is looking at the traffic crash report included by the law enforcement officer at the scene. It will also be determined by interviewing the drivers or occupants of the cars, and interviewing any independent witnesses. In certain situations, it may also be necessary to hire an engineer or an accident reconstruction expert to help piece together exactly how the accident happened and who is responsible for it.