Florida Personal Injury Laws

What Is Considered A Personal Injury

A personal injury case typically refers to any case or claim in which a person is injured, as a result of the carelessness or negligence of another person or entity. Examples of personal injury cases would be slip and fall claims, medical malpractice, negligence security premises liability, boating accidents aviation claims, and other similar injury cases.

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

How does the lawyer get paid?

If you have a medical malpractice case, we handle those cases on a contingency fee bases. So if you give me a call, I will be glad to discuss the contingency fee with you and basically if there’s no recovery, there is no fee. If we get a recovery for you, our fee is a percentage of that. My name is Ron Gilbert with Colling Gilbert Wright and Carter, 1800-49 LEGAL.

By: Ron Gilbert

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.

About David Best

Hi. I’m David Best. I’m one of the founding partners of Best & Anderson. I grew up in Central Florida, in Orlando, from the first grade through the 12, and then I went to Florida State where I majored in math. Then, I moved to Washington to work for the National Security Agency, and went to law school at night and graduated from American University. I came straight down and took the bar, passed it the first time.

Experience

Since then I’ve tried literally hundreds of cases in state court, federal court, all over Florida and in other states, and have even appeared and prevailed in the United States Supreme Court, which very few people have done. I hate to brag, but I’ve been rated the highest rating that the group that rates lawyers can give for 20 years.

Best & Anderson

And our firm then, Best & Anderson, has a preeminent rating by that same company. We can’t affect our ratings. Other lawyers and judges rate us just the way they think we are, and we don’t even have access to how our friends and colleagues rated us. But we are rated the highest we can be, and I’m proud of that.

You hope you don’t have to go to trial, but you want a lawyer that can do it if the case didn’t settle. I think that we have a good law firm. We can try a case, but we settle them because the insurance companies respect us. Thank you for listening to me.

By: David Best

Determining Damages For A Wrongful Death

damages in any wrongful death case where you have an 18-wheeler responsible for causing that death are going to be determined solely at the judgment and discretion of the jury. The judge, in any given case, is going to give the members of the jury a brief explanation of the law, and the jury will determine what the damages are for such things as: final medical expenses and funeral expenses, the mental pain and anguish of any surviving person – which would be like a surviving child, if a parent were killed, or perhaps a surviving spouse. if the other spouse had been killed, then you have damages for what are called Loss of Net Accumulations, and the jury makes that decision based on the evidence each juror hears during the trial itself.

Evan Fetterman

Hi. I’m Evan Fetterman. I’d like to talk to you. Accidents can happen anywhere. When accidents result in injuries, people trust us for the legal help they need. If you’ve been hurt, call (800) 330-HELP. I’m here for you.

By: Evan Fetterman

Motorcycle Accident Investigation

The investigation of a motorcycle accident is critical. Oftentimes you will have many witnesses, for example in an intersection collision case, and several years later when you take the depositions or sworn statements of those witness who have all observed the same exact crash, they will have greatly varying versions of what actually happened. So the investigation of a motorcycle accident is critical; you have to preserve evidence at the scene. Where did the motorcycle come to rest? Where did the other vehicles come to rest? Where were witnesses when they observed what happened? Were there skid marks or gouge marks in the roadway?

It’s crucial that you investigate very soon after a motorcycle accident to preserve that evidence that will become critical in later reconstructing the accident to determine who was at fault for the crash.

Value Of A Case

Most clients or most consumers always want to know how much their case is worth, but most lawyers will tell you that they don’t know what your case is worth. There’s two values to your case: the amount that an insurance company is voluntarily willing to pay to settle your case, or the amount that a jury will later tell you your case is worth after hearing all the evidence in your case. And while most cases do settle before trial, the overall economic and non-economic damages in your case must be assessed by not only your attorneys but also the insurance company or the defense lawyers and then hopefully the parties can come to a reasonable compromise or an agreement on the value of the case for settlement purposes. If not, the case will go to trial and a jury will determine what they believe the case is worth after hearing all of the evidence presented by all sides of the case.