Florida Personal Injury Laws

Key Information On Medical Device Injury

It’s important if you believe you or a loved one have been injured by a medical device. As in other product liability cases, you want to make sure that you preserve the evidence. Often times the laboratory at a hospital during perhaps a revision surgery and a hip surgery, when a defective hip is removed and a new one is put in, it’s important that that evidence be preserved. A lot of times it takes an attorney or a least a loved one to make sure that gets coordinated through the hospital’s laboratory so that evidence can be preserved. As in other cases, not only is it important to preserve the evidence that will become relevant to prove the product is defective later, but it’s important that the injuries are documented. That’s photographs, video documenting of the injuries that a person may be going through, which obviously they will heal over time. If that’s not documented in the beginning, that’s obviously crucial evidence that’s lost.

Orlando Nursing Home Neglect

I handled a 100 of nursing home cases over the last 20 years in Florida. They’re very sad cases, they’re difficult cases. And most of the cases the nursing home resident has passed away as a result of the neglect at the nursing home. And those cases the family is still entitled to recover. A lot of families have questions about whose entitled to recover. We can sit down and look at the situation and answer those questions and talk to you about whose entitled to recover. In a case where the nursing home resident is heard and still alive that nursing home resident has a claim for the medical bills and the pain and suffering that they went through. In a case where the nursing home resident passes away the family is then entitled to recover lost of love and support and guidance and pain and suffering for losing their love one. If you have any questions about a nursing home case in Florida, feel free to call me. Nathan Carter at Colling, Gilbert, Wright & Carter, 1-800-49-LEGAL.

By: Nathan Carter

Comparative Negligence On A Pedestrian

Comparative negligence on a pedestrian accident case in Florida means that the relative fault of the parties involved in an accident is compared against each other. And in Florida, we’re a pure comparative negligence state, meaning even if you’re partially at fault or mostly at fault, you can still recover damages if another party is determined to be some percentage at fault. Just your damages are reduced by the amount that is determined to be your share of fault. It’s important in a pedestrian accident case that you have attorneys that know how to handle those cases because you are always going to be blamed in a pedestrian accident case for causing your injuries, and it’s important that you have reputable attorneys that have handled pedestrian accident cases to assess comparative fault issues in a pedestrian accident case.

Pedestrian Hit By Car

If you or a loved one have been struck by a motor vehicle while a pedestrian, you very well may have a basis to pursue a claim against the driver of the car. But the basis for that claim depends on the circumstances surrounding the crash. You’d have to be able to demonstrate that the driver was negligent or careless, meaning that he or she did something wrong to cause the crash. An example would be that the driver run a stop sign or a red light, or failed to yield to you while crossing in the crosswalk.  If the car was owned by somebody other than the driver, you may also have a basis to pursue a claim against the owner of the car. And if the accident happened at the time that the driver was on duty for an employer, then the employer may also be responsible for your injuries.

Can you recover future medical expenses when you’re injured in a car accident?

The answer is absolutely yes. Future medical expenses will be an important part of your claim. If you have questions about your car accident case, give me a call. I’m Ron Gilbert with Colling Gilbert Wright & Carter. 1-800-49-LEGAL.

By: Ron Gilbert

Orlando Premise Liability Case

A lot of our clients call us and want to talk about premises liability cases. Premises liability cases are when a person is hurt on a property, a store front, a shopping mall, somebody’s house. They trip, they fall, they break their ankle, they break their arm. Those types of cases are difficult to win in Florida. However, you do have a right to recover. The law says that if there was a dangerous or defective condition that the property owner knew about and didn’t repair or warn of, then their negligent and you have to recovery against.   A lot of times it’s important to document the defect as soon as possible. If you trip over a broken curb or a missing tile, have a friend or family member go back and take a photo of the defect because a lot of times those conditions get repaired before we get involved. So, it’s important to document those things right away.   If you have a question about a premises liability case, call me, Nathan Carter at Colling, Gilbert, Wright, and Carter, 1-800-49-LEGAL.

By: Nathan Carter

What kind of injuries are entitled to be compensated for after a car accident in Florida?

It really depends in a lot of circumstances, but usually you need to prove that you had some sort of permanent injury. That could be permanent strain, or it could be paralysis, or anything in between. Don’t assume that you’re not able to make a claim. Call us and ask us questions at 1-800-49-LEGAL at Colling Gilbert Wright and Carter.

By: Mel Wright

Alternatives To Court

Before filing a lawsuit and taking your case to court, your attorney most likely is going to make a reasonable attempt to try to settle your claim first with the insurance company for the at-fault driver or at-fault party. That typically involves putting a demand package or claims package together which includes the crash report, photos, medical records, wage information and any other documents or information supporting your claim. And that’s an effort typically made to avoid litigation. Trying to resolve the case directly with the insurance company without the need to go to court. If that doesn’t work then your attorney will file a lawsuit, your case will then go into litigation will be handled over the courthouse. But you will still have opportunities to try to resolve the case before it gets to trial through such things as mitigation and sometimes arbitration.

Insurance Claims

Typically, you want an attorney to help protect your rights and help walk you through the handling of your claim. A lot of times, at the beginning, insurance companies, insurance adjusters, will act as if they’re trying to be friendly and trying to be helpful. But, we all know that insurance companies, in certain situations, have a tendency to try and take advantage of victims in the claims handling process. It’s important to have an attorney that knows how to deal with insurance adjusters, that knows how to deal with insurance companies in the claims process and have an attorney that can adequately and properly protect your rights.