Florida Personal Injury Laws

Who is Entitled to Recover Money in Orlando Wrongful Death Litigation

A lot of times people will ask us in a wrongful death situation whose entitled to recover money if we bring the lawsuit. A lot of times that depends on the type of case, it depends on if the person left a will, and it depends on some other probate factors. We can sit down with you and the family and go over all of that and discuss your options with you. A lot of times there are what are called statutory survivors that the law sets forth. For example, if a person passes away and leaves a surviving spouse, a lot of times the surviving spouse is entitled to recover. If the person that passed away does not a have a surviving spouse, sometimes their children or even their grandchildren are allowed to recover. If you have questions about those sorts of issues, call me, Nathan Carter at Colling, Gilbert, Wright, and Carter, 1-800-49-LEGAL.

Best Law Firm

If you’re hurt in a car accident, hire the Best Law Firm and put the best firm to work for you. Call 800-282-BEST or visit our website.

By: David Best

Workers Compensation Immunity

Typically in Florida employers have what we call workers’ compensation immunity, meaning that you cannot sue them if you’ve been injured at the workplace or on the job, but that only applies if your employer carries workers’ compensation coverage for you.

So if you’re injured at the workplace, or on the job, or at a construction site and you do not have workers’ compensation benefits that provide you medical treatment or loss of wages, it’s imperative that you contact a reputable law firm to assess whether or not you have a viable claim against your employer for that injury that you’ve suffered on the job.

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

Additional Compensation, Big Rig Truck Hits A Car

When a truck driver of the big rig loses control and causes an accident which injures you, you can seek recovery from that driver and from his or her employer, or the person, or company owning the vehicle itself. Sometimes the driver himself or herself may not have direct insurance coverage and you actually obtain the recovery through the employer or the owner of the vehicle.

At Fault Driver Has No Insurance

Unfortunately, in the state of Florida, happens all too often where an at-fault driver, or the other driver in an accident, does not have adequate liability insurance or has no insurance coverage at all. It’s important that you carry uninsured or under-insured motorist coverage under your own policy because it happens all too often where you’re victimized in an automobile accident and the at-fault driver does not have coverage. What you also want to do is make sure that you hire a reputable law firm that will look at other avenues of recovery. That could be a product liability case – could there had been an issue with the seatbelt or an airbag or a tire on the vehicle? So when there is a crash where another driver does not have coverage, you want to make sure you carry uninsured motorist coverage under your own automobile policy and have a reputable lawyer or law firm look at other avenues of recovery such as a product liability case.

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.

Motorcycle Accident Litigation in Orlando

In Florida, a lot of people like to get outside and ride motorcycles especially in the Summer or in the Spring. When the weather’s nice, we also have a lot of tourists who drive in Florida so that’s a bad combination. Over the years, we’ve handled a lot of cases involving motorcycles or hit by cars and vehicles and tourists. Usually the motorcyclist is hurt the worst in those cases, and a lot of times the motorcyclists and their families ask us if the person can still bring the case even if they weren’t wearing a helmet, and the answer is yes you can. You do not, by law, have to wear a helmet in Florida. The way they use it against you is by arguing that comparative fault is some of the fault is yours for not wearing a helmet, but you’re still allowed to bring the case, and you’re still allowed to recover if you were not at fault. If you have a question about a motorcycle accident case, call me, Nathan Carter at Colling Gilbert Wright & Carter 1-800-49-LEGAL.

By: Nathan Carter

Settle Out Of The Court Room

In most personal injury case, your attorney is going to make an effort to try to settle or resolve your case with the other side, usually an insurance company, before filing a lawsuit and taking the case to court. That doesn’t always happen, and it doesn’t always succeed. If it does not succeed, your attorney then has to file a suit and put the case into litigation, then there are generally ongoing negotiations and opportunities along the way to try to settle the case before it gets to trial. Just one primary example is that every judge in the floor is going to order your case to mediation before trial, and that’s usually a more formal settlement conference providing the parties with an opportunity to try to settle your case before it actually gets to trial.