Florida Personal Injury Laws

Orlando Child Brain Injury Litigation

You’re looking for a lawyer to handle your child’s brain injury case. Why choose Colling Gilbert Wright & Carter? We’ve been handling brain injuries for over 30 years. We’ve litigated these cases, we’ve tried these cases, we’ve worked with the best experts in the country on brain injury cases. So, if you’re looking for a lawyer, give me a call. I’m Ron Gilbert with Colling Gilbert Wright & Carter: 1-800-49-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.

Failure To Wear Protective Gear, Motorcycle Accident

Insurance companies and defense lawyers will always try to use that against you or a consumer or a loved one who’s been involved in an accident – the failure to wear any protective gear. However, in Florida, you’re not required to wear a helmet on a motorcycle if you comply with certain parameters, if you’re over a certain age, if you have eye protection, and if you have medical payments coverage in an off chance that you’re injured in a motorcycle accident. However, failure to wear any protective gear should not preclude you from contacting an attorney to handle your motorcycle accident case. While the failure to wear a protective gear will be used as a defense against you in an attempt to try reduce your overall recovery, it should not preclude you or prevent you from pursuing your motorcycle accident injury case, especially where you, as a motorcycle operator, were not at fault whatsoever in the cause of the accident itself.

Subrogation Rights

Subrogation rights in the state of Florida essentially means that somebody stands in your shoes to recover. And what that means most typically, especially in an automobile accident case, is you’re involved in an accident and you require medical treatment. And because of that medical treatment you incur, say $10,000 in medical bills that your health insurance company has to pay for.

Well your health insurance company gets to stand in your shoes and they have subrogation rights, where if you later settle the case and the at fault driver’s insurance company pays you for your injuries and damages, you have to pay back the health insurance company that paid for your medical care and treatment that was the result of the at fault driver causing you injuries.

Cost To Bring An Auto Accident Claim

Typically it will not. Most law firms in the state of Florida will handle automobile and trucking accident cases on what we call a contingent fee basis, and that is what the Florida bar permits us as lawyers to do to essentially level the playing field and be able to match the resources of the insurance companies and the trucking industry. It allows us to represent you as consumers who have been involved in an accident on a contingent fee basis, meaning that we as the lawyers don’t get paid until the end of the case and we only get paid at the end of the case if there’s been a recovery in your favor. It also allows us in a contingent fee representation situation to advance all of the costs on your behalf, and oftentimes in trucking cases and product liability cases and automobile cases the expenses can build up rather quickly. It allows us to advance those costs on your behalf and then recoup those costs at the end of the case if there’s been a successful recovery.

Catastrophic Injury Cases

There are many capable trial attorneys in the state of Florida. But when you’ve been involved in a catastrophic injury accident, you want to make sure you have an attorney that will fight for you and that will go to trial if necessary. Often times in catastrophic injury cases, because the stakes are higher, because the damages are significant, and insurance companies know that, they will vigorously fight those cases on liability in an attempt to have defenses where fault cannot be determined, or where they will blame the injured victim. You want an attorney that is willing to go to trial, that has been to trial, and that has gotten good results in catastrophic injury cases.

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.

Legally Responsible For A Defective Product

Typically in the state of Florida, every company or individual responsible for getting a product into the hands of you as consumers is responsible for selling, or manufacturing, or designing, or marketing a defective product. It’s incumbent upon you, and it’s important, to find an attorney with a good reputation of handling product defect cases to assess everyone who is responsible for getting that product designed, manufactured, and ultimately sold to you as consumers, to assess liability on the part of each and everyone of those potential defendants.

The Romano Law Firm

You want a law firm that has gotten proven results over the years and a law firm that has a good reputation in the local community. You want to look for a law firm that is willing to go to trial if a trial is necessary in order to get you the maximum recovery or the maximum result that you deserve based on the damages in your case.