Florida Personal Injury Laws

Suing Driver, Bicycle Accident

If you’re injured while riding your bicycle, can you sue the driver that hit you? Well the answer to that really is it depends. In order to have a valid basis to file a lawsuit or a claim of any kind against the driver that hits you, you have to look at the circumstances surrounding the accident, because in order to hold the other driver responsible, you have to be able to prove that that driver was negligent or careless, meaning that he or she did something wrong or something inappropriate. It usually involves trying to demonstrate that that driver violated the common rules of the road, or committed a traffic infraction that resulted in the accident.

Defective Product Case Time Limited

If you believe you or a loved one have been injured by a defective product it’s important that you contact an attorney right away. You know that the manufacturer or designer of the defective product – especially once they’re on notice that an injury has occurred – they will do everything they can to investigate you and to investigate the incident itself to start mounting their defenses to defend any claims brought against them. It’s important because evidence gets stale, people forget things over time. It’s important if you or a loved one have been involved in an incident where you believe you were injured by a defective product that you contact an attorney or a law firm that handles product liability cases, and that you contact them sooner rather than later, because critical evidence can be lost over time.

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.

What is a Deposition?

Hi. I’m Julia McGrath, an attorney here at the Dolman Law Group. Often times I’m asked by clients what is a deposition and what do I need to do? A deposition is your testimony given under oath. You’ll have a defense attorney who’s asking you questions and you’ll be answering those questions in the presence of a court reporter or a stenographer who is taking down the testimony. Your attorney will be there with you to ensure that no inappropriate questions are being asked. A deposition is nothing to be too concerned about, as long as your attorney thoroughly prepares you.

For more information, call me, Julia McGrath here at the Dolman Law Group. Thanks again for visiting our YouTube Channel. I greatly appreciate your time. Look forward to seeing you soon, and click on our button here to subscribe to our channel. Thank you.

By: Julia McGrath

Truck Drivers Cannot Use Phones

Truck drivers cannot use hand-held cellphones, or smartphones, or similar devices when driving and operating big rig tractor trailer trucks at any time. If a truck driver feels the need to make a phone call or to in any way operate a hand-held device, that truck driver has a duty to pull over to a safe place and then make the call or send the text message or do whatever he or she wants to do.

Alternatives To Court

Absolutely, there are. Typically in Florida, a trial is a last resort. In fact, most cases do not go to trial. In Florida, we have mandatory mediation which is an alternative dispute resolution process where no matter what, before your case ever goes to trial in front of a jury or a judge, you’re required to go to an informal mediation in an attempt for both sides to come together and resolve a case or settle a case. So, there are alternatives to going to trial in a case. Also, there are alternatives to filing a lawsuit in a case because oftentimes, before a lawsuit is ever filed, a claim can be handled and settled amicably between both parties where a case can be resolved without there ever being a lawsuit or without there ever being a trial.

Florida Wrongful Death Act

Florida has a specific wrongful Death Act. There are different types of cases that you can bring in Florida, or medical malpractice cases, nursing home cases, and general negligence cases. If you had a loved one pass away, or suffer a wrongful death that you think may be the result of negligence, it’s important to call us and talk about the facts of the case right away. There are different laws that apply to this situation. A lot of times, people ask us who’s entitled the recover and who can bring the case. We will help you set that up. We will get a probate lawyer involved, we’ll open the estate, we’ll appoint somebody to be the personal representative to bring the case, and we’ll figure out the exact statute that applies. If you have any questions about a wrongful death case in Florida, call us today. Nathan Carter at Colling Gilbert Wright & Carter, 1-800-49-LEGAL.

The Amount Of Time To Get To Trail

In Florida a personal injury case generally takes anywhere from about 18 months to three years to get to trial from the date the accident happened. It sometimes can be shorter, sometimes can take a little longer, and it depends primarily on the Judge assigned to the case, the size of his or her docket, and other factors including the complexity of the case and any scheduling conflicts with the attorneys and the parties.

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.