Florida Personal Injury Laws

Wrongful Death Claims in Tampa Bay

Welcome, and thank you for joining me. I’m Steve Brooks, a Florida wrongful death and personal injury attorney, practicing right here in the state of Florida. Today’s video tip is the first in a series about wrongful death cases, and what to do if you have a claim. What is a wrongful death claim? It is a death that occurs due to the negligence or conduct of another person or corporation.

Types of Accidents Involving a Claim

Common lawful death claims are the results of car, train, tractor, trailer and motorcycle accidents, medical malpractice, medical product effects, workplace accidents, and construction zone accidents. I will discuss these in more detail throughout this video series. Here are a couple things to consider before you pursue a wrongful death claim.

Wrongful death cases usually involve sudden and traumatic death. This is usually devastating for the family. Before speaking with an attorney, talk with your family and your supportive friends. This is a difficult time that requires balance and support from the people who are closest to you. Before choosing an attorney, go to their website. Check out their qualifications. Read their online reviews, and read their track record. See what kind of verdicts and settlements they’ve achieved. Talk to your friends and fellow church members.

Finding the Right Attorney

Choosing the right attorney is an important decision, so be diligent and wise and do your research. When meeting with an attorney, come prepared. Write down the details of the incident and any questions that you or your family may have about a potential wrongful death claim. For example, one of the things you’ll want to do is a timeline of your loved one’s situation, or to bring a file containing documents that are critical to the claim.

It is also important to act quickly, as there is a shorter-than-usual time limit for filing a lawsuit in wrongful death cases. If you wait too long, you could lose your opportunity to pursue a claim at all. Again, don’t wait and do your homework. If your family is facing financial hardship, compensation from a successful wrongful death suit may in addition to alleviating financial difficulties actually provide closure for some of the emotional pain. Brooks Law Group has a team of skilled wrongful death attorneys that can help you recover the money to which you’re attired. If you have lost a loved one as a result of negligence, you may have a case.

By: Stephen Brooks

Collecting Damages For Injuries

Collecting damages for injuries in an accident case requires quite an impressive effort. It means getting an attorney who can go after those damages for you. It means pursing a defendant or the person legally responsible for causing those damages. In most accident cases, it is the insurance company of the other party which will be paying for the damages or paying an amount of money for the assessment of damages. In some instances, you may be going after a corporation, and it is the corporation itself paying those damages.

Insurance Company Requests A Recorded Statement

If you’ve been injured in an accident, you do not have to give a recorded statement to the other driver’s insurance company. You may have to give a recorded statement to a representative of your own insurance company, and that is totally dependent upon the wording or the language in your own insurance policy.

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

2 Types of Damages in Wrongful Death Lawsuit in Orlando

The Wrongful Death Lawsuit in the state of Florida has two basic types of damages: Economic Damages and Non-Economic Damages.

Economic Damages

Economic  Damages are those damages that we can put on the board – lost wages, funeral, medical bills, that type of thing.

Non- Economic Damages

Non-Economic Damages would be pain and suffering, impairment to the quality of life – things of an intangible nature. If you’ve lost a loved one due to a wrongful death, call Colling Gilbert Wright & Carter: 1-800-49-LEGAL.

By: Ron Gilbert

Importance Of A Doctor Post-Injury

If the accident you’ve been involved in has resulted in you feeling injured, then it is important that you go to the doctor so that your injuries not only can be treated, but so that your injuries can also be documented for the claims handling process. Never allow a lawyer or a law firm to dictate your medical treatment. If you feel injured, if you feel hurt, if you feel different than you did before an accident, it’s imperative that you go to a doctor, you seek medical treatment, so that you can be adequately treated for your injuries and so that your injuries and damages can be adequately documented.

Partial Fault, Catastrophic Injury

Yes we can, but that should not dissuade you from contacting an attorney or a law firm. In Florida we are fortunate because we have Pure Comparative Fault. All too often individuals who are involved in a catastrophic injury accident will just decide, “Well I think I was partially at fault so I have no case and therefore I should not contact an attorney.” You don’t want to think that way.

As I mentioned, in Florida we have pure comparative fault. What that means is even if you have been partially at fault – if someone else has been also partially at fault – you can still recover for your percentage of your damages and injuries, even if you are determined to be partially or even mostly at fault. Your recovery is reduced by your percentage of fault.

Determining Fault For Auto Accidents

The fault is not always easily determined in an automobile accident case. Sometimes it will be clear-cut such as a rear-end collision, although even a rear-end collision is not always as simply as straight forward as it may seem. An attorney is going to investigate the cause or causes of any automobile accident and determine who is at fault, and sometimes it’s one party, and sometimes multiple parties can share responsibility for an accident. The starting point usually is looking at the traffic crash report included by the law enforcement officer at the scene. It will also be determined by interviewing the drivers or occupants of the cars, and interviewing any independent witnesses. In certain situations, it may also be necessary to hire an engineer or an accident reconstruction expert to help piece together exactly how the accident happened and who is responsible for it.

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.