Florida Personal Injury Laws

How do you value your car accident case?

There are many different factors that we look at. Things like: how long were you out of work? What were your medical bills? What type of injury did you suffer? Is it an injury that’s going to require surgery? Is it something that’s going to be long-lasting with permanent impairment? So, 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

Insurance Company Recorded Statement

You are not required to give a recorded statement to the insurance company for the other driver or the other car involved in your car accident case. However, you typically will be required to give a recorded statement to your own insurance company if they ask for one. Due to the Cooperation Clause, it is typically included within every auto insurance policy. If you decide not to cooperate with your insurance company by giving the recorded statement, they can deny coverage. So, it’s important that you give a recorded statement if they requested. However, before giving any recorded statements, it’s important to make sure you talk to your attorney about it first.

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.

Defective Product Case With Limited Evidence

It is very difficult to pursue a product liability case without having the actual product that is alleged to be defective. Unfortunately, all too often, folks will approach our law firm about pursuing a product defect case or a dangerous medical device case, but that device itself or that product itself has been destroyed or is no longer in existence. If you believe that you’ve been injured by a defective product, you must take all steps to preserve that evidence which will become crucial in the case because both the defense and your own lawyers will have experts that will look at that device and determine whether or not it’s in fact defective. So, it’s very difficult to pursue a product defect case without the actual device that is alleged to be defective.

Pedestrian Injured By Motor Vehicle

As a pedestrian who’s been injured by a motor vehicle,  it’s very important that you contact a reputable law firm that handles those types of cases, and you want to do that sooner rather than later. Hopefully you have notified the police so that the accident itself is documented. If you have required medical treatment as a result of your injuries, you want to document the injuries through photographs and video taken by family members, so that that evidence can be preserved. But you want an attorney on board quickly that can investigate the accident, because you as a pedestrian, are almost always going to be blamed for your own injuries. Were you crossing at the right crossing point? Were you j-walking? Were you crossing the road against a pedestrian crossing signal? You want an attorney to be able to investigate the accident and reconstruct the accident to determine exactly who was at fault.

Time Limit To File A Personal Injury Lawsuit

In Florida, you typically have four years from the date of the accident or negligence to bring a lawsuit or claim for your personal injuries if you’ve been injured in an accident. Circumstances specific to your case could make that period shorter, so it’s important to consult with an attorney at the earliest possible time to talk about the deadlines and statutes of limitations applicable to your case.

Brain Injury Lawsuit Filed By A Loved One

In Florida, a person can file a brain injury lawsuit on behalf of the loved one under certain circumstances. If you are a parent and it is a child who is a minor, yes, you can bring that lawsuit on behalf of your child. In other circumstances, it may require a guardianship to be set up so that you are appointed as the guardian by a guardianship judge in probate and estate court. Once you are assigned as the guardian by the judge, you then bring the lawsuit on behalf of the person in your capacity as his or her guardian.

What is negligence?

A negligence is when the other driver is not operating their vehicle in a reasonably safe fashion and it causes the accident, that’s negligence. So if you were in a car accident, give me a call. I’m Ron Gilbert with Colling Gilbert Wright and Carter. 1-800-49-LEGAL.

By: Ron Gilbert

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.