Florida Personal Injury Laws

Factors To Valuing A Personal Injury

Determining what your personal injury case is worth is probably the most difficult task that any attorney has in the course of your case because there’s no easy answer, and the answer to the question often varies greatly from the beginning of the case to the end. It sometimes changes from time to time with additional information that’s obtained through the discovery process. The value of your case depends on a number of factors, including the nature of the accident, the nature and severity of your injuries or damages, and any available insurance coverage that applies to the case. The most important thing to keep in mind is that you should maintain regular contact with your attorney who can answer candidly his or her assessment regarding the value of the case, which helps you decide at every step of the way whether it makes sense to settle your case with the other side, or to continue pursuing your case towards trial.

What is the value of my car accident claim?

Well, that really depends on things like: How bad is your injury? Did you need surgery? What are your medical bills? Did you lose time from work? How long were you out of work? What are your wages? What is the amount of money that you’ve lost as a result of the accident? So, all those factors work together to value your car accident case. If you’d like to discuss the value of your case, give me a call. I’m Ron Gilbert, with Colling Gilbert Wright & Carter, 180049 legal.

By: Ron Gilbert

What is medical malpractice?

Medical malpractice is the failure to use reasonable care. Now it can be negligence by a doctor or a nurse, or somebody else in the hospital – or out of the hospital. Any time the health care person, the healthcare professional, does something, or fails to do something that results in injury or perhaps even unfortunately death, that could be a medical malpractice claim. If you’d like to discuss the details with me, I’m Ron Gilbert with Colling, Gilbert, Wright & Carter, 1-800-49-LEGAL.

By: Ron Gilbert

Attorney Fees, Car Accident

If you are injured in an accident the attorney who represents you will likely handle your case on what is referred to as a contingent fee contract. This means that your attorney will take a percentage of the winnings or the award or the settlement in your case. That amount varies – in some instances it may be 40%, in other instances it may be 33 1/3%, that depends upon what you negotiate or discuss with your attorney.

Pedestrian Reasonable Care

First of all, as a pedestrian, you are required by law to use reasonable care. To walk within crosswalks. To follow pedestrian crossing signals. If you fail to do that, and you’re injured as a result of that, you can be held responsible for your injuries or at least held partially responsible for your injuries. So you have a duty to make sure that you abide by all crossing signals and to cross at proper pedestrian crossing points.

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

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.

Compensatory & Punitive Damages in Orlando Explained

In Florida we have compensatory damages and punitive damages. A lot of times you may have heard about punitive damages in the news and media reports. Punitive damages are to punish a defendant. Punitive damages are also very rare. You’re only entitled to those in certain types of cases. For instance, where a drunk driver hits you or the defendant’s conduct is so gross and negligent that the law says they should be punished. In most cases you’re only entitled to compensatory damages.  Compensatory damages are the damages to repay you for the loss you had from the accident. Lost medical bills, lost wages, and things of that nature. If you have a question about that call me, Nathan Carter at Calling, Gilbert, Wright, and Carter at 1-800-49-LEGAL.

By: Nathan Carter

Rules To An 18 Wheeler Accident

The rules are definitely different when it comes to investigating and determining fault in a case as between a big rig tractor-trailer truck and a car wreck. For example, when it comes to whether or not a given driver ran a red light or ran a stop sign, the rules are similar. However, in the big rig trucking cases, remember we’re dealing with professional drivers with special professional licenses, and when a professional truck driver is in a big rig, he or she is subject to rules pursuant to different state and federal regulations which place a higher responsibility on that particular driver, on the driver’s rig, and on the company responsible for employing that driver. So, yes, they are different.