Florida Personal Injury Laws

Failure To Wear Protective Gear, Motorcycle Accident

Insurance companies and defense lawyers will always try to use that against you or a consumer or a loved one who’s been involved in an accident – the failure to wear any protective gear. However, in Florida, you’re not required to wear a helmet on a motorcycle if you comply with certain parameters, if you’re over a certain age, if you have eye protection, and if you have medical payments coverage in an off chance that you’re injured in a motorcycle accident. However, failure to wear any protective gear should not preclude you from contacting an attorney to handle your motorcycle accident case. While the failure to wear a protective gear will be used as a defense against you in an attempt to try reduce your overall recovery, it should not preclude you or prevent you from pursuing your motorcycle accident injury case, especially where you, as a motorcycle operator, were not at fault whatsoever in the cause of the accident itself.

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.

You’ve just been in an accident. You’re injured and your medical bills are stacking up. Now what? Get the help you need fast. I’m Evan Fetterman, I’m here when you need me. (800) 330-HELP.

By: Evan Fetterman

Personal Injury Lawyers in Orlando

If you’re looking for an attorney to handle your car accident case, why should you choose Colling Gilbert Wright & Carter? Well, we’re experienced trial lawyers. We’ve been around for 30 years. We’ve been handling nothing but personal injury claims in that period of time. So give me a call. I’m Ron Gilbert with Colling Gilbert Wright & Carter. 1-800-49-LEGAL.

By: Ron Gilbert

Time Limit To File A Wrongful Death Claim

In Florida, the time limit, or statute of limitations for filing a wrongful death case, is usually two years from the date of the death.

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.

Construction Site Injury

It depends on the situation, but if you’ve been injured on a construction site or at the workplace you want to contact an attorney to first assess whether or not you have a viable worker’s compensation claim. Oftentimes if you do not have worker’s compensation insurance, or if you’re injured on a construction site and there was reckless or willful conduct on the part of the employer, you may have a viable third party negligence claim against your employer.

Oftentimes, however, individuals injured on a construction site they just think that they do not have a case and they never contact an attorney until it’s too late and the statute of limitations has already been expired. But if you’ve suffered a catastrophic workplace injury – especially on a construction site – you want to talk to a reputable law firm to assess whether or not you have a viable case against your employer.

What Is A Deposition

In any case in litigation, the parties are permitted to take depositions of witnesses, including depositions of the parties in the case. A deposition is basically an interview or a sworn statement, where the attorney for one side sits down at a conference room table and questions the witness or the other party under oath to obtain information and answers about the case.

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.