Faulty Steps Injury in Florida
Have you slipped and fell and suffered a faulty steps injury in Florida? Watch this video and call our Southwest Florida attorneys today.
Question:
I slipped and fell due to faulty steps in Southwest Florida; do I have a case?
Answer:
If you slip and fall due to faulty steps in Florida, then you absolutely can potentially have a claim. We had a young lady come to us and said, “I slipped and fell on the steps at my apartment complex, and I was hurt badly.” We started to look into that case for her. We got involved early on. Through some requests for documents from the apartment complex, we found out that they had painted these steps with a paint that was not non-skid or non-slip, and that’s required because these were outdoor steps that can get wet.
There are all different sorts of faulty step claims. You can have the wrong sort of paint used. You can have steps that have the wrong size risers or wrong size treads. You can have step cases where the steps are broken up. We’ve handled all of these sorts of cases. We’ve been handling faulty step slip and fall cases for nearly 60 years in Florida, so this is right in our wheelhouse. If you have a slip and fall because of some faulty step issue, please feel free to reach out to our law firm. We’d be happy to help you.
Were you ore a loved one injured in a slip and fall accident due to the carelessness or negligence of someone else and have questions about a faulty steps injury in Florida? Contact our experienced Southwest Florida slip and fall lawyers today for a free consultation and case evaluation.
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5 Common Negligent Security Questions
Have you been hurt due to the negligence of a property owner? Check out these 5 common negligent security questions, then call our attorneys.
1) How much does it cost to hire a negligent security attorney in Southwest Florida?
If you have a negligent security claim in Florida, it doesn’t cost you anything to hire our law firm. Our law firm works off a contingency fee basis, meaning that we only recover if we get a recovery for you. That goes for attorney’s fees and costs. If we have to hire an expert, which is often needed in a negligent security case to show that the property owner should’ve had proper security on the property, that’s not something we ask you to pay for either. You never spend any money out-of-pocket. Once we recover for you, as part of the contingency fee contract, we then get a portion of that recovery as the attorney’s fees and costs.
If you have a negligent security case, don’t be afraid because you think you’ll owe something to us. You don’t. We only recover if we recover for you. Please feel free to reach out to us.
2) Will my negligent security case go to trial?
Oftentimes when somebody has a negligent security case and they come to me, they say, “It’s a case that I never want to go to trial,” and that’s fine. Most of these cases do not need to go to trial. This all really depends on the insurance company and how reasonable they’re willing to be.
We know how to work up a negligent security case appropriately so that early on we can get the case resolved. Sometimes that doesn’t work, though, and we have to litigate the case and go into litigation. Even if we file a lawsuit and go into litigation, that doesn’t mean that we have to go to trial. Most cases are still settle-able. Why? Because the insurance company knows that we are a trial law firm and that we will try the case. While you as a client are telling me, “I don’t want to go to trial,” the insurance company won’t know that, and they’ll know our firm and they’ll know our firm goes to trial, so we can usually get reasonable value and avoid you having to go to trial. Please feel free to reach out to us if you have a negligent security case.
3) Who is liable for my negligent security case in Southwest Florida?
We’ve had folks come to us before who have been injured on a property. They’re walking through a parking lot of a retailer, for example. It’s night, the lights aren’t working, and they’re assaulted, things are stolen from them, and they’re injured. They say, “I think I have a case against the person who injured me,” and we tell them, “Your case is really against that retailer.” What we do is we look into that area and the crime grid in the area, and if there’s past crimes in the area where there are similar crimes of assault or shootings or violent crimes, then the property owner has a duty to make sure they’re keeping people safe by having lighting in the parking area or also having security guards.
We often see cases like this, and people don’t really realize that that’s a negligent security case, but that’s what it is. A property owner can absolutely be responsible if there is negligent security or lack of security on their property and you’re injured as a result. If that’s the case, please feel free to reach out to us. We can handle those cases.
4) Can I file a negligent security claim if I was injured by an employee?
If you’re injured by an employee at an establishment, you could potentially have a negligent security claim in Florida. The owner of that establishment needs to have background checks or know who the people are that they’re hiring. If they hire somebody who’s violent or who hurts you in some manner because they shouldn’t be working on that property, then you potentially have a negligent security case.
You really need to consult an attorney. The attorney can do the discovery needed to determine if that person was known to the employer to be, say, violent, and then make the appropriate claim if that’s the case. Our law firm has been handling these negligent security case for nearly 60 years. We know how to analyze these cases to determine if there’s a case, so please feel free to reach out to us if you’ve had a negligent security incident.
5) Should I talk to the insurance company of the establishment after a negligent security injury in Southwest Florida?
If you’re injured in a negligent security case in Florida, the insurance company or the attorneys for the defendant can reach out to you right away and might want to take a statement. It’s never a good idea to talk to them. We’ve had plenty of clients who hire us after they’ve already given a statement, and that can really hurt the value of a case because the attorneys or investigators will know the right questions to ask you to try to trip you up, and then they’ll use that against you later.
Don’t talk to the insurance company. Get an attorney involved right away. The attorney can help guide you through the process and, if there is a statement given, can help you to understand the questions that are going to be asked before the questions are asked and can be there at your side to give that statement. More often than not, we don’t even allow the statements to occur. We just submit an explanation of how the incident happened from your point of view with our special damages or demand letter, and insurance companies don’t say, “If we don’t get a statement, we’re never going to settle the case.” That’s not how it works. They’ll make you feel that way early on to try to get you to or coach you into giving that statement.
Don’t give the statement. Reach out to our law firm, and we can help you.
Have you or a loved one been hurt due to the negligence of a business or property owner and have questions? After checking out these 5 common negligent security questions, contact our experienced Southwest Florida Negligent Security lawyers today for a free consultation and case evaluation.
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Negligent security claims are a growing concern in Fort Myers, Florida, and throughout the United States. Property owners, including businesses, have a responsibility to ensure the safety and security of their premises for visitors and customers. When these duties are not met, and an incident occurs due to inadequate security measures, victims may seek compensation through negligent security claims. However, understanding how insurance companies handle these claims in Fort Myers, Florida, is crucial for both plaintiffs and defendants in such cases. In this article, we will explore the key aspects of how insurance companies approach negligent security claims in Fort Myers, Florida, and the requirements involved.
Understanding Negligent Security Claims
Negligent security claims arise when an individual is injured or harmed on another person’s or entity’s property due to inadequate security measures. These claims can be filed against a wide range of property owners, including businesses, landlords, and even government entities. The basis of such claims is the failure to maintain a reasonably safe environment, leading to an incident such as a physical assault, robbery, or other criminal activity on the property.
Insurance Coverage for Negligent Security Claims
Property owners often carry insurance policies to protect themselves from potential liability arising from negligent security claims. These insurance policies may include general liability insurance or specific security coverage. When a claim is filed, it triggers a process in which the insurance company becomes involved in assessing and potentially covering the damages.
- Initial Assessment: When a negligent security claim is filed, the insurance company conducts an initial assessment to determine whether the claim is valid and falls within the policy’s coverage. This assessment may involve reviewing the incident report, interviewing witnesses, and evaluating the extent of the victim’s injuries.
- Policy Terms and Limits: The insurance company will examine the property owner’s insurance policy to understand the terms and limits of coverage. The policy may specify the types of incidents covered, the maximum amount the insurance company will pay, and any deductibles or self-insured retentions that apply.
- Investigation: Insurance companies will typically conduct a thorough investigation to assess the validity of the claim. This may involve reviewing security footage, police reports, and other relevant evidence to determine if negligence on the part of the property owner contributed to the incident.
- Settlement Negotiations: If the insurance company finds that the claim is valid and within the policy’s coverage, they will engage in settlement negotiations with the injured party or their legal representation. These negotiations aim to reach a mutually agreeable settlement amount that covers the victim’s damages.
- Litigation: If a settlement cannot be reached, the case may proceed to litigation. In this scenario, the insurance company will provide legal representation for the insured property owner and defend them in court. It’s important to note that insurance companies prefer to avoid litigation, as it can be costly and time-consuming.
Requirements for Negligent Security Claims in Fort Myers, Florida
While the process of handling negligent security claims may seem straightforward, there are specific requirements and considerations that apply in Fort Myers, Florida.
- Duty of Care: To establish a negligent security claim in Fort Myers, the plaintiff must prove that the property owner owed a duty of care to the victim. This duty includes taking reasonable steps to provide a safe and secure environment for visitors.
- Breach of Duty: The plaintiff must demonstrate that the property owner breached their duty of care by failing to implement adequate security measures. This could involve factors such as inadequate lighting, malfunctioning security systems, or negligent hiring practices.
- Causation: It must be shown that the property owner’s breach of duty was a direct cause of the incident. In other words, the inadequate security measures were a substantial factor in the harm suffered by the victim.
- Damages: To recover compensation, the plaintiff must prove that they suffered actual damages as a result of the incident. These damages may include medical expenses, lost wages, pain and suffering, and more
- Statute of Limitations: In Fort Myers, Florida, there is a statute of limitations that sets a time limit for filing negligent security claims. It’s essential for victims to be aware of these limitations, as failing to file within the specified timeframe can result in the claim being barred.
Understanding the Role of Insurance Companies
Now that we’ve covered the basic process of how insurance companies handle negligent security claims in Fort Myers, let’s delve deeper into their role and how it affects both victims and property owners.
- Protection for Property Owners: Insurance coverage provides a layer of protection for property owners who may face substantial financial liability in the event of a negligent security claim. Without insurance, property owners would be personally responsible for covering the costs of legal defense and potential settlements or judgments. Having insurance in place allows them to transfer some of this financial risk to the insurance company.
- Balancing Act: For insurance companies, evaluating and settling negligent security claims involves a delicate balancing act. On one hand, they have a responsibility to their insured clients to protect their interests and financial well-being. On the other hand, they must assess claims fairly and pay out when valid claims are made. This can sometimes lead to negotiations and disputes over the settlement amount.
- Claims Assessment: Insurance adjusters are tasked with evaluating the merit of a claim, which includes examining the evidence, assessing the victim’s injuries and damages, and determining whether the policy covers the incident. This assessment can vary significantly from one claim to another, as each case is unique and hinges on the specific circumstances of the incident.
- Negotiations and Settlements: Negotiations between the insurance company and the injured party often revolve around the amount of compensation. Victims may seek compensation for medical expenses, lost income, pain and suffering, and other damages. Insurance adjusters will typically aim to settle the claim for as little as possible, while victims and their legal representation will strive for fair compensation.
- Litigation as a Last Resort: Insurance companies generally prefer to avoid litigation whenever possible, as it can be expensive and time-consuming. They may be more inclined to negotiate a settlement if they believe it is a reasonable resolution. However, if a settlement cannot be reached, the case may proceed to court, where the insurance company will provide legal defense for the property owner.
- The Human Element: It’s important to recognize that insurance companies are staffed by professionals who make judgment calls based on the information available to them. While their primary responsibility is to their insured clients, they are also bound by legal and ethical obligations to handle claims fairly.
- Impact on Victims: For victims of negligent security incidents, dealing with insurance companies can be an intimidating and frustrating process. Insurance adjusters may challenge the extent of injuries or attempt to minimize liability. In such cases, having legal representation can be invaluable, as attorneys can advocate on behalf of the victim to ensure they receive fair compensation.
- Preventative Measures: Insurance companies often encourage property owners to take proactive measures to reduce the risk of negligent security claims. This may include implementing security enhancements, conducting regular safety assessments, and providing staff training. Taking these steps not only improves safety but can also result in lower insurance premiums.
If you or a loved one has been the victim of a negligent security incident in Fort Myers, Florida, it’s essential to understand your rights and the potential for compensation. Similarly, property owners should be aware of their responsibilities and insurance coverage in the event of such claims.
At Goldstein, Buckley, Cechman, Rice & Purtz, P.A., we have a team of experienced attorneys who specialize in handling negligent security claims in Fort Myers and the surrounding areas. Our experience in personal injury law and insurance matters allows us to provide effective representation for both plaintiffs and property owners involved in these cases.
Contact us today to schedule a consultation and discuss your negligent security claim or insurance coverage. We are committed to helping you navigate the complexities of these cases and ensure your rights are protected. Don’t hesitate to reach out – we’re here to assist you every step of the way. Your safety and well-being matter to us.
Mistakes After a Car Accident
Do you know what common mistakes after a car accident claim to avoid? Watch this video, then give our attorneys in Southwest Florida a call.
Question:
What are some common mistakes people make that can ruin their accident claim?
Answer:
The most common mistake that we see people involved in motor vehicle accidents make is Number One, talking with the insurance companies. The insurance companies do not always have your interests in mind. Whereas if you hire a personal injury attorney, they have your interests and your interests alone in mind and want to ensure that you are compensated for your damages. The second most important thing to consider is which attorney you hire. You want to hire an attorney who specializes in personal injury and specifically motor vehicle accidents.
You want an attorney who will be able to litigate and try your case if necessary. You need an attorney who understands personal injury and the system and is able to potentially try your case if needed. Thirdly, you want to make sure that you have the appropriate documentation for your claim. That goes back to hiring the right injury attorney because that attorney is going to make sure that everything is appropriately documented so that all of your damages can be presented to the insurance company, and then if necessary, to a jury. Those are all things that, unfortunately, a lot of people don’t know until they’re involved in an accident.
They don’t realize the importance of it, but those are all very important mistakes to try to avoid. One way to do that is to contact an injury attorney as soon as possible after the crash to get them involved and make sure someone is representing you and your interests throughout this process because insurance companies do not do that. If you have any questions, we’re always happy to talk and answer any questions that you might have.
Have you or a loved one been injured in a car accident in Florida and have questions about what common mistakes after a car accident claim to avoid? Contact our experienced Southwest Florida car accident lawyers today for a free consultation and case evaluation.
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What To Expect After a Motorcycle Accident
Have you been injured in a motorcycle accident and have questions about what to expect after a motorcycle accident? Call our Florida lawyers.
1) Selecting a Motorcycle Accident Attorney
If you’re injured in a motorcycle crash in Florida, you need to select an attorney who specializes in personal injury and specifically motorcycle accidents. Motorcycle accidents are different in many ways than a motor vehicle crash involving two automobiles. For that reason, it’s incredibly important to select someone who not only understands the unique aspects of a motorcycle crash but also can potentially litigate and try your case if necessary. You need an attorney who can potentially hire experts and do a very thorough investigation if you’re involved in a motorcycle crash. We specialize in motorcycle crashes and have the ability to hire experts if needed and investigate those cases so that we make sure that you’re compensated fairly.
2) After a Motorcycle Accident
The first steps that someone should take when they’re involved in a motorcycle crash in Florida are first and foremost getting the medical attention that they need. That’s should really be your primary focus. The second thing should be hiring a personal injury attorney who specializes in motorcycle crashes.
The attorney when you hire them should be able to handle all of the moving parts that are involved in the case so that you can focus primarily on getting better and focus on your recovery. Oftentimes, the injuries that people sustain in motorcycle crashes are significant. You need someone who can help you and handle all of the things that you would otherwise have to deal with so that you can focus your attention on getting the treatment that you need. We’re of course happy to help with that.
We specialize in motorcycle accidents. Unfortunately, the injuries are often very severe. We have the ability and wherewithal to handle those types of cases. We also have the ability to try and litigate your case if necessary. If you have questions and you were involved in a motorcycle crash or you have a family member involved in a motorcycle crash that was unfortunately injured, please call us.
3) Mistakes After a Motorcycle Accident Claim
Some of the most common mistakes that we see people involved in motorcycle crashes in Florida make are Number One, not hiring an attorney as quickly and as soon as possible. This is important because in motorcycle crash cases in particular, we oftentimes see people try to blame the motorcyclist. That’s why it’s important to get someone who specializes in personal injury and particularly in motorcycle crash cases to do the investigation as quickly as possible after the crash. If there are witnesses, we need to get witness statements. If we need to hire an expert, it’s important to do that as quickly as possible so that we can make sure that you are compensated for all of your damages and that any bogus liability arguments are basically taken off the table when we do our investigation and potentially hire an expert on your behalf.
The second biggest mistake that we see people make who are involved in motorcycle crashes in Florida is not hiring an attorney who specializes in motorcycle crashes and personal injury cases. Unfortunately, there are many attorneys out there who say that they specialize in those types of cases, but they don’t. You need someone who can potentially litigate and try your case if it becomes necessary. You need someone who is specifically familiar with motorcycle crash cases and the issues that often arise in those cases.
Unfortunately, we see many motorcycle crash cases and have represented many victims of motorcycle crashes. The level of injury in those types of accidents is often very severe and more significant than crashes sometimes involving an automobile and another automobile. That’s why it’s very important to make sure that you’ve got someone in your corner representing you who will fight for you in those types of crashes in particular. We of course are happy to answer any questions that you have and are always happy to hear from you if you need help. Please give us a call.
Have you or a loved one been injured in a motorcycle accident in Florida and have questions about what to expect after a motorcycle accident? Contact our experienced Southwest Florida motorcycle accident lawyers today for a free consultation and case evaluation.
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Boat Accident Lawyer Fees
Have you experienced an injury in Florida and have questions about boat accident lawyer fees? Watch this video, then call our lawyers today.
Question:
How much does it cost to hire a boat accident attorney in Southwest Florida?
Answer:
For your boat accident injury claim, hiring us at Goldstein, Buckley, Cechman, Rice & Purtz costs you absolutely nothing. We are happy to evaluate your claim, talk to you first, and then hopefully sign you up as our client to pursue justice for you without any cost to you initially. You will never see a bill from us. We will never ask you to write us a check. What we do, and what we’re certainly happy to do, is work your case, develop your case, put together a comprehensive damages packet analysis for the insurance companies and try to get your case resolved, otherwise we go try your case. We’re happy to do that as well, but you do not owe us anything unless we are successful for you.
We work on what’s called a contingency fee basis, which means a certain percentage of what we recover as a result of your injuries and damages would come to us for the work that we performed on your case. You also do not owe us anything for the costs associated with the case. That’s not something we would ask you to write us a check for up front. We incur those costs on your behalf, and later based upon the amount of the settlement or the judgment, we can recoup those costs based upon money that we have secure and achieved for you, so ultimately the idea is if we are not successful for you in your case, you will not owe us a dime.
Have you or a loved one recently been injured in a boat accident in Florida and have questions about boat accident lawyer fees? Contact our experienced Southwest Florida boat accident lawyers today for a free consultation and case evaluation.
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What You Should Know About an Injury
Were you or a loved one seriously injured due to another’s negligence? Here is what you should know about an injury. Contact our lawyers now.
1) Mistakes After a Personal Injury Claim
The value of a personal injury claim in Florida is what the question presents and that is it’s personal. These are personal injury claims, personal to you. The value of that claim depends on many factors and many things that go into looking at what that claim is worth. It starts from the insurance company’s perspective with your medical bills. What did it take to treat these conditions that resulted from the accident or the incident? The value of the claim also includes things like your wage loss if you missed work as a result of the accident and your injuries. That goes into determining a value of the claim.
It’s so much more than that. The value of the claim is personal— how this claim has affected you, how it’s affected the way you go about your daily activities, the things that you enjoy doing, your hobbies, your interests. The value of the claim varies based upon many factors that go into a case. At Goldstein Buckley Cechman, Rice & Purtz, we look to maximize that value based upon what you, our client, is looking for to fully compensate and receive justice as a result of this accident that was not your fault. We put the pieces together with you very early on and continuing throughout the course of your case to make sure that we are maximizing value based upon your desires to search for justice for you.
2) Pre-Existing Injury
Personal injury claims and pre-existing conditions are things that are at the forefront of most cases that are handled in Florida. Those are things that do impact cases. Insurance companies like to look at pre-existing conditions and try to blame the effects of the accident on those pre-existing conditions. Luckily, when you have an experienced attorney like us at Goldstein Buckley Cechman, Rice & Purtz, we know how to flip that argument on its head because what the law tells us is that simply because you were suffering from some form of pre-existing condition, be it a prior spinal cord injury, be it prior neck pain or back pain, just because you may have those things in the past doesn’t mean that you cannot collect damages you deserve from suffering an aggravation or an exacerbation of those prior conditions, again, things in your past that have been reignited, brought to life, and intensified as the result of the accident in question.
While it is certainly something that is at the forefront of cases when those pre-existing conditions exist, having the right attorneys to know how to deal with those situations in the right context and how to make those situations most beneficial for you folks that suffer from those sort of things in your past is so paramount and important to making sure you are choosing the right attorneys. What we do when we get a case is, we certainly ask about the accident and your injuries as a result of the accident. What we do is take a deep dive into your medical past, not in an effort to undervalue your claim but in an effort to get that ammunition we need to try and prove what we know to be true, and that’s that the accident and the injuries more times than not have caused those underlying conditions to be reignited, brought to the forefront, and you are now suffering worse than you ever had before. While pre-existing conditions certain points in time can be detrimental to a case, if you have the right attorneys looking at it in the right light, we can work to make those work in your benefit as opposed to your detriment.
3) Taking the First Personal Injury Settlement Offer
In Florida, insurance companies will make an initial offer generally early on in the process. More times than not, it is not advisable to take their initial offer. Insurance companies work to try to turn files over, which means get it off their desk and get you candidly out of their hair. What we do at Goldstein Buckley Cechman, Rice & Purtz is we put together comprehensive damages packets that we will send out to insurance companies at the right time. Timing is important because those first offers generally are not the best offers. We work hard to put together that information, give the insurance company all they need to evaluate your case, and the vast, vast majority of the time, we see offers increase as we continue to work through your case putting together the accident, your injuries, the damages, and how those have affected you. Holding out a little longer while time can obviously be a factor more times than not is generally in your best interest and we will be with you the full view of the way to get you to a point where you get to decide what justice is for you and what we should do with offers from the insurance company.
Have you suffered a serious injury at the hands of someone who has been careless or negligent and have questions about what you should know about an injury? Contact our experienced Southwest Florida personal injury lawyers today for a free consultation and case evaluation.
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Differences Between Bicycle and Car Accident Cases
Are you wondering about the differences between bicycle and car accident cases? Check out this video, then call our Southwest Florida lawyers.
Question:
How does a bicycle accident claim differ from a normal auto accident claim?
Answer:
Bicycle accident injury cases are oftentimes different from other types of injury cases in Florida because, unfortunately, what we see oftentimes with bicycle accidents is that the severity of injury is much more significant than certain other types of cases. For that reason, you want to make sure that you hire an attorney who specializes in personal injury and specifically bicycle accidents to help you with your case from the very beginning. Unfortunately, oftentimes what we also see is that there’s sometimes a tendency to try to blame the bicyclist for the cause of a crash.
If that’s the case, we are happy to help you. That does not mean that you don’t have a case; what that means is that we need to do an investigation and fight for you because oftentimes, insurance companies will try to use that against you to try to minimize the amount of damages that you can claim. For that reason, please call us. We specialize in these types of cases. We’re happy to help you even if there is a dispute about liability and who was at fault for the crash.
Have you or a loved one been injured in a bicycle accident in Florida and have questions about the differences between bicycle and car accident cases? Contact our experienced Southwest Florida bicycle accident lawyers today for a free consultation and case evaluation.
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What You Should Know About Your Wrongful Death Claim
Have you lost a loved one due to the negligence of another? Learn what you should know about your wrongful death claim here. Call us today!
Selecting a Wrongful Death Attorney
If you have a wrongful death claim in Florida, you’ve obviously lost a loved one, so hiring the right attorney is a very important thing to do. We had a lady come in who had lost her husband as a result of a motorcycle accident. She had consulted with a couple other attorneys and, actually, another attorney took on the case initially. Pretty early on in the case, there were some facts that came up – that potentially the motorcycle was speeding a bit and there were potentially some other things the motorcyclist did to be partially at fault – so the other attorney really cooled on the case and didn’t want to handle it. The lady came to us and we ended up handling the case.
Those sort of things don’t dissuade us. We still want to get justice for our clients. We understand every case isn’t going to be perfect and have all the right facts. When somebody loses a loved one, even if there are some difficult facts, we’re still willing to pursue that case. In this case, we ended up getting a very favorable result for the client, much more money than she thought possible.
It’s really important to hire an attorney in a wrongful death case that understands all of the damages, understands that they have to do an appropriate investigation, understands that some bad facts don’t mean it’s a bad case and that those bad facts can be used to your advantage in a way to try to maximize the value of the case. Our firm has been handling wrongful death cases, where folks have lost a loved one, for almost 60 years. We are skilled in that area. We handle these cases often, and we’d be happy to speak with you if you’ve lost a loved one and you have a wrongful death case.
Filing a Wrongful Death Claim
The wrongful death action in Florida is brought by the personal representative of the estate. A deceased person cannot bring their own wrongful death case. A family member doesn’t bring a wrongful death case directly in that person’s name. It would be the personal representative of the estate. Our law firm actually has an estate department that can set that estate up, which makes it easier on you because you don’t have to hire multiple different law firms.
Our law firm will set up the estate, name a personal representative. Usually there’s an agreement amongst family members that it would be one of the family members, but sometimes the family members feel stressed out and don’t want to be involved in that regard, so we can have an attorney act as the personal representative of the estate. It’s really whatever is best for the family of the deceased because the family is grieving and going through a lot, so we want to try to help make this is as easy as we can on them and do what they want to do to make them comfortable.
If there’s a wrongful death case, the personal representative brings that case. Our law firm can set that up, and then also handle the wrongful death action. If you have a loved one that you’ve lost because of a wrongful death case, please feel free to reach out to us so we can help you.
Wrongful Death Case Value
When determining the value of a wrongful death claim in Florida, you have to look at several factors. We have families come to us who are heartbroken, they’ve lost a loved one, and they ask us, “What is the value of this case?” We tell them that you have to look at multiple different factors. You have to look for who is at fault for the incident.
There are many different kinds of wrongful death cases. They can be a negligent security case, where a loved one is killed on a property where there wasn’t proper security, such as a gas station, where they know that there’s prior problems with shootings and someone is shot at a gas station. You can have a wrongful death claim from a car accident, motorcycle accident, trucking accident. You can have a wrongful death case from a fall-down, and we’ve recently handled a fall-down wrongful death case where we recovered over $10 million. The value all depends on how you can prove who was at fault, whether it be the premises owner, whether it be the truck driver, whether it be the vehicle driver.
The second step is what are the damages that are involved, that is pain and suffering, loss of the familiar relationship. There are different family members who have different rights under the wrongful death act to make different claims for damages. You need an attorney that can navigate those things, and our firm has been helping people navigate wrongful death cases for a loved one for nearly 60 years. Please reach out to us if you have any questions about a wrongful death case.
Wrongful Death Case Timeline
We recently had a family come to us that lost a loved one, and they had asked us how long it takes to resolve a wrongful death claim in Florida. We told them that’s kind of a complex question; it really depends on a lot of things. It depends on the insurance company and how reasonable they’re going to be with you early on. Oftentimes the insurance company will deny, delay, and defend in a case, especially a case that will have substantial value if there’s a loss of a loved one.
You need an attorney that can push that case forward. Sometimes we can settle the case early on because we have a reputation as a firm that tries cases, so the insurance company knows that they’ll need to resolve the case, but sometimes you have to file a lawsuit. If we do have to file a lawsuit, our firm has four board-certified trial attorneys, which is the highest certification you can get in trial. We spend a lot of time in trial and we understand how to try these cases to get the maximum value for these cases. Sometimes just by filing the lawsuit you can get the insurance company to be reasonable without having to actually go to trial.
If the insurance company is reasonable, great; we can settle the case early on. More often than not, though, they’re not going to be reasonable and the case can take months, if not a year or more. You need an attorney that understands that and can be in it for the long haul to try to maximize the value of the case.
Have you lost a loved one due to the negligence of another person in Florida and have questions about what you should know about your wrongful death claim? Contact our experienced Southwest Florida wrongful death lawyers today for a free consultation and case evaluation.
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Aching Back? Don’t Make These Mistakes
Did you injure your spine and have an aching back? Don’t make these mistakes and ruin your injury claim. Call our Southwest Florida attorneys.
Selecting a Spinal Cord Injury Attorney
Choosing the right attorney to represent you in a spinal cord injury case is incredibly important. You need to pick an attorney who specializes in not only personal injury cases, but spinal cord injuries in particular. Spinal cord injuries are unique in that they’re very severe injuries and require a huge amount of medical care and medical attention, often for the rest of a person’s life. For that reason, it’s incredibly important to hire someone who specializes in that area of law, and can get the right experts involved, and can spend the amount of money needed to potentially try the case if necessary, because that’s the rest of your life. You need someone who is going to look out for you and fight for you in those types of cases in particular.
We specialize in those types of injury cases and would be happy to help you. Please contact us if you have unfortunately suffered a spinal cord injury. We would be happy to help you with your case.
Taking the First Spinal Cord Injury Settlement
If you’ve suffered a spinal cord injury, do not accept any offers that are made by the insurance company. Contact a personal injury attorney who specializes in spinal cord injuries immediately, so you can get the proper advice. Oftentimes insurance companies try to settle cases as early and as quickly as possible for as little money as possible. Particularly in spinal cord injury cases, these are injuries that could affect you for the rest of your life, so you need to make sure that you have the proper representation and proper advice from a specialized attorney that can help you through this process.
We specialize in these types of cases and unfortunately have seen many spinal cord injury cases throughout our careers, and we would be happy to help you with this type of case. Please give us a call.
Feel free to reach out to us if you have had a slip and fall. We are experts in slip and fall cases and can help maximize the value of your case.
Mistakes After a Spinal Cord Injury Claim
One of the most common mistakes that we see people make who suffer a spinal cord injury in Florida is not getting an attorney, specifically a personal injury attorney who specializes in spinal cord injuries, involved immediately or soon after the injury occurs as possible. The reason for that is that these types of cases often involve very severe damages and potentially liability disputes.
You need to make sure that you have an attorney fighting for you from the very beginning, who can hire experts if needed, who can try your case if needed, because these types of cases involve such severe injuries that affect a person for the rest of their lifetime. For that reason, the damages are huge, the future medical expenses are hug, the pain and suffering damages are huge, so you need someone to help you and fight for you, specifically someone who specializes in those types of cases, because they are unique cases.
If you have questions about your case or you were injured and you suffered a spinal cord injury, please call us. We would be happy to help you.
Did you injure your spine and have an aching back? Don’t make these mistakes and ruin your injury claim. Contact our experienced Southwest Florida spinal cord injury lawyers today for a free consultation and case evaluation.
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