Florida Personal Injury Laws

Legal Philosophy

My goal is to make sure that the client knows they are the most important client on my roster. I’m always available. My cell phone is given to them at every client intake meeting. I take calls at all hours of the night, even to answer mundane questions like, “What’s happening with my pit payments?”

By: Alexander Knapp

Car Accident on the Job in Orlando

If you’re involved in an auto accident while you’re on the job, you have a worker’s compensation claim, of course, but you can still sue the driver of the other car for your injuries. Those are two claims in one. I’m Mel Wright. I’m a partner at Calling, Gilbert, Wright, and Carter. Call us at 1-800-49-LEGAL.

By: Mel Wright

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.

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.

Partial Fault In An Auto Accident

Any individual who is in an accident in Florida and who is driving can be found to be wholly or partially responsible for that accident. A jury is always going to be asked to assess the relative fault of each of the parties involved in the litigation. And if, for example, you have one vehicle – the other vehicle where someone ran a stop sign – but perhaps in your vehicle you were not wearing a seat belt, a jury can assess your responsibility for your injuries because you were not wearing a seat belt.

Accident With A Big Rig Truck

When you are in an accident with a big rig tractor trailer truck and you consider what are those initial steps you need to take. Number one, get the best medical care you can get and get it fast. Number two, report the incident to your own insurance company. Number three, begin the research immediately to find, to locate and to obtain a very experienced and highly qualified big rig tractor trailer truck lawyer to represent you, so that he or she can navigate you through all of the steps you need to take over the next several days. And finally, preserve the evidence. Meaning, preserve the vehicle or vehicles, preserve anything you can. And if you can get photographs, or video, or have someone do that make sure you do that right away.

You’ve just been in an accident. You’re injured and your medical bills are stacking up. Now what? Get the help you need fast. I’m Evan Fetterman, I’m here when you need me. (800) 330-HELP.

By: Evan Fetterman

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

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.