Florida Personal Injury Laws

At-Fault Driver Is Uninsured

All too often in the state of Florida, automobile accidents occur and the at-fault driver who caused the crash is uninsured. It’s important in the state of Florida, because there are so many uninsured or underinsured drivers that you carry uninsured motorist coverage under your own automobile insurance policy. So if it happens where somebody causes a crash, causes you injuries or damages, but does not have adequate insurance to cover your loses and damages, you can then turn to your own underinsured motorist coverage to help compensate you for injuries and your loses.

Orlando Wrongful Death Claim

At Colling Gilbert Wright and Carter, we’ve handled literally hundreds of wrongful death cases all over the state of Florida. We’ve handled medical malpractice cases, product liability cases, tractor trailer cases, chemical exposure cases, all sorts of cases that have resulted in wrongful death. It’s important to get the right firm involved early in those types of cases. A lot of times, in those cases, the hard work is done early with experts, investigations, photographs, and coming up with the right legal theory to maximize the recovery for the clients. If you suspect that you may have a wrongful death case it’s important to hire the right firm immediately. I would invite you to check out our results, settlements, verdicts on our website. If you have any questions about a wrongful death case call me, Nathan Carter at Colling Gilbert Wright and Carter, 1-800-49-LEGAL.

By: Nathan Carter

Misuse Of A Product

Misuse of a product is always going to be a defense by the defendants and by their insurance company in a product liability or a product defect case. That does not necessarily mean that you cannot recover for injuries that result from a defective product. But what you want to do is make sure that you contact a reputable law firm that handles product liability cases and that has a good track record of getting good results in a product defect case– to assess that case. But understanding that even misuse, while it will always be a defense in the case, it doesn’t excuse negligence or strict liability on the part of the manufacturer or designer or even the seller of that defective product that injured you.

Usable Basis To Pursue A Case

If you’ve been injured as a result of the negligence of another person, your attorney’s going to look at several factors to determine whether or not you have a viable basis to pursue a case. Those factors include looking at the circumstances surrounding the accident. In other words, how were you hurt and what conduct by the other person cause your contributed to your accident, so that’s assessing liability. Do the other person have legal fault or legal liability for causing your injuries? In addition to that, the attorney’s going to look at the nature and extent of your damages, and that would include the nature of any physical or personal injuries you may have, and in monetary or financial losses you may have as a result of that, and the long-term consequences if any of those injuries. The other thing the attorney will have to carefully consider is whether or not and to what extent those injuries were caused by the accident. In other words, did you have any other events or pre-existing conditions that may have played a role in causing or contributing to your current injuries.

Settle Out Of The Court Room

In most personal injury case, your attorney is going to make an effort to try to settle or resolve your case with the other side, usually an insurance company, before filing a lawsuit and taking the case to court. That doesn’t always happen, and it doesn’t always succeed. If it does not succeed, your attorney then has to file a suit and put the case into litigation, then there are generally ongoing negotiations and opportunities along the way to try to settle the case before it gets to trial. Just one primary example is that every judge in the floor is going to order your case to mediation before trial, and that’s usually a more formal settlement conference providing the parties with an opportunity to try to settle your case before it actually gets to trial.

Defective Product Case Time Limited

If you believe you or a loved one have been injured by a defective product it’s important that you contact an attorney right away. You know that the manufacturer or designer of the defective product – especially once they’re on notice that an injury has occurred – they will do everything they can to investigate you and to investigate the incident itself to start mounting their defenses to defend any claims brought against them. It’s important because evidence gets stale, people forget things over time. It’s important if you or a loved one have been involved in an incident where you believe you were injured by a defective product that you contact an attorney or a law firm that handles product liability cases, and that you contact them sooner rather than later, because critical evidence can be lost over time.

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.

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.

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