Florida Personal Injury Laws

Length Of A Trucking Accident Case

There’s no weighth to tell you with any exactness how long an 18-wheeler big rig trucking wreck case is going to last. It totally depends on judge, and ExPro witnesses, and the litigation process, on what state you’re in, and whether it’s state or federal court. But in general a case – if suit is filed and there’s going to be litigation and then a trial – it is going to be likely a two to three-year ordeal. And I’m factoring in that there could be an appeal. Be very careful about listening to some lawyer who says, “I’m going to be able to do your case in just a few months.” That is generally not a true statement. For these cases to be handled correctly it takes time and if they get in to litigation it is definitely going to take usually a two or three-year period.

Legal Background

When I went to law school, I had an interest in civil litigation. When I got out I decided I wanted to litigate files. So I went to the best place to cut your teeth doing that, which is insurance defense. After a while I decided I was tired of defending insurance companies and I wanted to make a difference for people who were hurt. In my prior experience, working on the other side. I learned defense tactics, insurance companies policies and and procedures on how they defend claims, on how they defend, mechanisms that they use to defeat claims, defeat suits. My goal is to make sure that the client knows that 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 answer mundane questions like, “What’s happening with my pit payments?” Big firm results, small firm attention, we do everything we can to make sure that our clients know that they are very important to us.

Legal Philosophy

I’ve talked to some of my clients even after they were not my clients, even after we settled their cases just about how their life is going. We want them to think of us as friends, we want them to think of us their companions in this process. We’re not just someone– I mean we are working for them but we’re not just someone that’s working for them, we’re working towards a common goal, which is to make them whole from their injuries. When I can get a settlement that I consider to be good or high quality based on their treatment, injuries, and medical history, that is my favorite part of my entire job. A lot of firms think of their clients as an end result. That’s not how we operate. This is a business but at the end of the day we’re trying to obtain the best result we can for every client we can. Not because of the bottom line, but because when you come in here, we care about you. You are part of our family.

By: Alexander Knapp

Difference Between Car And Truck Accidents

There’s a big difference between investigating and assessing or evaluating a car wreck case from a big rig tractor trailer truck case. First, you have to remember that typically the trucking company has investigators, has experts, has its corporate representatives, and often even lawyers getting to the scene while the investigation is still taking place by law enforcement. That is very unusual and very different from what we have in a car wreck case. Also, there are certain federal regulations that apply to the big rig truck that do not apply in the car wreck case. You’re looking at different kinds of vehicles, different kinds of responsibilities, and remember we are basically amateurs when we drive cars whereas truck drivers are professionals and they are held to a higher standard. So the investigation must center in part on that, and on the conduct of the company employing the truck driver.

Do most car accident cases settle out of court?

The answer is, yes. But, there’s only one way that we can get the settlement that you deserve. And that is, we have to prepare your cases if we’re going to go to trial. We have to be ready to take your case to trial. And we do try cases, and the insurance companies know that, so we can get the right value for your case. If you’d like to discuss your case in more detail, give me a call. I’m Ron Gilbert with Colling Gilbert Wright & Carter: 1-800-49-LEGAL.

By: Ron Gilbert

Whom Is Liable For A Company Car

In addition to the at fault driver, Florida law provides that the owner of the car may be legally liable or responsible for the accident. But that is only if the owner permitted or consented to the driver using the car. In addition, the employer of the driver may also be liable for the accident if the driver was working in the course and scope of his or her employment at the time. So in addition to the at fault driver, both the owner of the car and the employer of the driver may also be legally responsible.

Premises Liability Claims in Orlando

Here at Best & Anderson we handle a multitude of cases and kinds of cases. One of those is premises liability. It’s probably the one concept in the law that most people don’t know or understand. Clearly, if you were walking down the sidewalk and a pit bull dog runs out of somebody’s yard and bites you, you would probably figure you have a case – and you probably would. But the rest of the concept is a little more complicated.

Business Premises Liability

If you go to a business – let’s say a convenience store, a bar even, a restaurant, or even an apartment complex – and you’re the victim of a crime, and the criminal is not even related to the business, most people think that’s just a criminal matter for the police. But, in fact, it may be a matter that can be handled in civil court, and you may be entitled to damages for your injuries.

You hear about people that have been abducted and attacked sexually at a business, and no one would ordinarily think they’d have a case because the business owner didn’t cause that directly. But if the business allows a condition to exist, a danger zone to exist, and they knew or should have known that there’s a danger there and they do nothing to correct it, they can be liable. That’s called a foreseeable zone of risk. So, if reasonable people that own a business know of prior criminal activities or the likelihood of disorderly conduct, they have to correct it.

Investigation & Litigation

If someone gets injured even by a criminal unrelated to the business, they could have a case. And you really don’t know ahead of time whether the insurance company or the business has told the truth. You don’t know whether there’ve been prior incidents on that property or not.

Even if you file a claim, you can’t find out what happened without doing investigation. That’s what we do. We get crime grids and we find out how many crimes have been committed on their property. Then, if we can establish that they knew or should have known that there was a danger and someone got injured from that, you could have a good case. Thank you for listening to me.

By: David Best

Experienced Brain Injury Attorney

How can you learn if the attorney you’re considering hiring has experienced handling brain injury lawsuits? The best and easiest way is just ask. Ask your attorney what experience he or she has handling brain injury lawsuits. Ask the attorney to provide you with information about other similar cases handled by his or her law firm. Ask about the results that that attorney in that law firm has obtained for other clients in brain injury related cases. They are very, very specialized cases, requiring the knowledge and expertise of an attorney with significant experience handling those types of cases so ask for the information you need to make an informed decision

Injured Passenger In A Boating Accident

As a passenger in a boating accident, you’ve been injured and want to know who may be responsible for causing those injuries. The answer is, it depends on how the accident happened. You will look first at whoever was driving or operating the boat or vessel that you were in at the time, but you would also look to see if anybody else may be responsible.  For example, if the boat in which you were a passenger collided with another boat or another vessel of some kind, you would have to look to see whether the person operating the other boat or vessel was negligent in any way, and whether or not that negligence caused or contributed to your accident.

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