Florida Personal Injury Laws

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.

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.

Orlando Wrongful Death Claim

At Colling Gilbert Wright and Carter, we’ve handled literally hundreds of wrongful death cases all over the state of Florida. We’ve handled medical malpractice cases, product liability cases, tractor trailer cases, chemical exposure cases, all sorts of cases that have resulted in wrongful death. It’s important to get the right firm involved early in those types of cases. A lot of times, in those cases, the hard work is done early with experts, investigations, photographs, and coming up with the right legal theory to maximize the recovery for the clients. If you suspect that you may have a wrongful death case it’s important to hire the right firm immediately. I would invite you to check out our results, settlements, verdicts on our website. If you have any questions about a wrongful death case call me, Nathan Carter at Colling Gilbert Wright and Carter, 1-800-49-LEGAL.

By: Nathan Carter

No Helmet On During A Motorcycle Accident

In Florida, motorcycle operators are not required to wear helmets if they’re over a certain age, so long as they wear eye protection and so long as they have medical payments, insurance coverage, on their motorcycle in case there is an injury. However, the failure to wear helmet can still be used against a motorcycle operator who’s suffered injuries in an accident especially if they’ve suffered a head injury. Because that can go towards their comparative fault, and it can be used against them to help reduce their damages in a case if they have failed to wear helmet and suffer injuries as a result of that.

What is My Medical Malpractice Claim in Orlando Worth?

A lot of people call us or when they first meet with us they ask us, “What is my medical malpractice case worth?” To be honest, we really don’t know when we first meet with clients. I think some lawyers will tell you your case is worth X or worth Y, but if they’re being honest with you, they don’t really know early on what the case is worth.  A lot of times, once we take a case and start working on it we get a much better idea what the case is worth. Once we evaluate the damages, once we see all the records, once we talk to our experts. So to be honest, at the front end of a case, we never really know what it’s worth. We get to know that as we proceed with the case.  If you have a question about what your case is worth, call me, Nathan Carter at Calling, Gilbert, Wright, and Carter at 1-800-49-LEGAL.

By: Nathan Carter

Injury Is Apparent After An Accident

If you’ve been in a car accident, whether you feel pain immediately at the scene or not, you should go see a doctor right away. The reason for that is there are many times that you can have any injury that is not immediately apparent to you and sometimes doesn’t develop into pain or discomfort for a few hours or a few days. Rather than wait and give it an opportunity to develop, it’s best to see a doctor immediately. That way, you can document any complaints or symptoms you may have, and that way you get a full checkout to ensure that you don’t have some hidden or unknown injury that could be problematic or of greater concern to you.

Experienced Orlando Medical Malpractice Lawyers

At Colling Gilbert Wright & Carter we’ve handled literally hundreds of malpractice cases all across the state of Florida and probably every county in Florida. A lot of firms in Florida will advertise that they handle medical malpractice cases. But once you go meet with the lawyer, they’ll refer your case to another lawyer. We personally handle the cases. We have some of the top experts in the country that we use in these cases. And we have the results, and success, and a proven track record in these types of cases. So if you are concerned or think you or a loved one may have a malpractice case, call us. We have a free consultation. We’ll talk to you, we’ll review the records, and we’ll have our experts look at it. So if you have a question, call me, Nathan Carter at Colling Gilbert Wright & Carter, 1800-49-LEGAL.

By: Nathan Carter

Cruise Line Injury Claim

Cruise line claims are different than most negligence claims. In Florida we have a four-year statute of limitations on negligence claims. However, it’s very different when you’ve been injured while on a cruise. The ticket or your cruise contract– it actually is that. It is a contract and there is usually small print language on the back of your contract that requires you to bring your claim or file written notice of your claim with the cruise line, typically within six months of there being an accident. And then to file a lawsuit within one year of the accident which is obviously much different than having a four-year statute of limitations.

All too often in Florida people that have been injured on a cruise line will wait too long because they think they have four years to bring a claim when it’s just not the case. The cruise line ticket or contract applies and you must read that language. You must have family members look at the contract if you’ve been injured while on a cruise line because often times you will no longer have rights to bring a claim if you wait too long and that’s typically more than six months from the date the incident occurred.

Time Limit To File A Personal Injury Lawsuit

In Florida, you typically have four years from the date of the accident or negligence to bring a lawsuit or claim for your personal injuries if you’ve been injured in an accident. Circumstances specific to your case could make that period shorter, so it’s important to consult with an attorney at the earliest possible time to talk about the deadlines and statutes of limitations applicable to your case.