Personal Injury On Vacation
Personal Injury On Vacation in Southwest Florida
Vacation is one of the least convenient times to sustain an injury. Disappointment from foiled rest and relaxation due to pain is compounded by unfamiliar locations, doctors and hospitals. The unforseen costs of personal injury can make an already pricey getaway even more expensive. Injuries sustained on vacations can be caused by a myriad of different occurrences – negligence by a hotel, resort, cruise ship, or other accommodations, or being involved in a motor vehicle, motorcycle, bicycle or scooter accident or boating or other watercraft accident. In these particular cases, it can be prudent to seek legal help to get the justice and compensation deserved.
Certain steps should be taken to fully document the particulars of the emergency immediately after a personal injury occurs. Always report the injury with the manager of the hotel or resort, to crew of the ship, or local law enforcement agency. Document the defect or dangerous condition that caused your injury, or damage to the motor vehicle or other conveyance being ridden by photograph if possible. While it can seem inconvenient, it is also important to seek medical attention if needed while on vacation.
A Common Vacation Injury
Hotel fires in the U.S. have greatly decreased even in the last 20 years. However, in 2013, 117 civilians were injured in hotel fires. Six people lost their lives.¹
From 2004 to 2008, 7,840 people in the United States were victims of a violent crime while in a hotel.² These crimes and injuries are rare, but they do happen and should be taken seriously.
Many hotel pools do not have a lifeguard on duty, so it is important to be diligent when at the swimming pool, especially with children. Following several accidental drownings or near drownings in the past several years, two major cruise lines, Norwegian and Royal Caribbean, added lifeguards to their ships in 2017.³ Other examples of personal injury on vacation include- Gym equipment accidents, slip and falls, elevator accidents, boating or recreational equipment accidents, and food poisoning.
Who to Call
If you or someone you love has sustained an injury while on vacation, it is important to seek legal counsel. Your Southwest Florida attorneys at Goldstein, Buckley, Cechman, Rice, and Purtz have over 50 years of legal experience in dealing with personal injury. Contact us today to schedule a free consultation.
1 National Fire Protection Association, “U.S. Hotel and Motel Structure Fires” report
2 https://www.bjs.gov/index.cfm?ty=tp&tid=44
3 http://www.miamiherald.com/news/business/tourism-cruises/article145571359.html
Spinal cord injuries can have life-altering consequences, impacting not only the physical well-being of the victim but also their emotional and financial stability. If you or a loved one has suffered a spinal cord injury in Cape Coral, Florida, it is crucial to understand the legal aspects surrounding such cases, particularly when it comes to seeking damages. In this article, we will explore the requirements for filing a spinal cord injury lawsuit in Cape Coral and shed light on the various types of damages that may be available to you.
To successfully pursue a spinal cord injury lawsuit in Cape Coral, there are certain requirements that must be met. Firstly, it is essential to establish that the injury occurred due to the negligence or intentional misconduct of another party. This could include situations such as car accidents, slip and falls, medical malpractice, or workplace accidents. Secondly, it is necessary to prove that the injury resulted in significant harm and has had a substantial impact on the victim’s life. This may include physical pain and suffering, emotional distress, loss of earning capacity, and medical expenses.
One of the primary types of damages available in spinal cord injury lawsuits is economic damages. These damages aim to compensate the victim for the financial losses incurred as a result of the injury. Economic damages may include medical expenses, both past, and future, rehabilitation costs, assistive devices, home modifications, and lost wages. These damages are quantifiable and can be supported by evidence such as medical bills, expert testimony, and employment records.
Non-economic damages, on the other hand, compensate the victim for the intangible losses they have suffered. These damages are more subjective and include pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Calculating non-economic damages can be more challenging, as there are no concrete receipts or bills to reference. However, experienced attorneys and expert witnesses can help establish the impact of the injury on the victim’s quality of life and mental well-being.
In some cases, punitive damages may also be awarded. Punitive damages are meant to punish the at-fault party for their reckless or intentional actions and to deter others from engaging in similar behavior. However, it is important to note that punitive damages are not awarded in every spinal cord injury case and are typically only granted in situations where the defendant’s conduct was particularly egregious.
To ensure you receive the full compensation you deserve, it is crucial to work with an experienced personal injury attorney who specializes in spinal cord injury cases. The attorneys at Goldstein, Buckley, Cechman, Rice & Purtz, P.A have a deep understanding of the complexities involved in spinal cord injury lawsuits and are dedicated to fighting for the rights of our clients. With our extensive knowledge and expertise, we will navigate the legal process on your behalf, gathering evidence, negotiating with insurance companies, and advocating for your best interests.
When pursuing a spinal cord injury lawsuit in Cape Coral, it is important to understand the concept of comparative negligence. Florida follows a comparative negligence system, which means that the compensation awarded to the injured party may be reduced if they are found to have contributed to the accident in any way. For example, if it is determined that the victim was partially at fault for the accident, their compensation may be reduced proportionally.
In addition to economic and non-economic damages, spinal cord injury lawsuits may also include compensation for future damages. These damages account for the ongoing medical expenses, rehabilitation, and other costs that the victim may incur in the future. Estimating future damages requires a careful analysis of the victim’s medical prognosis and the anticipated expenses they will face over their lifetime.
Another critical aspect of spinal cord injury lawsuits is the need for expert testimony. Due to the complex nature of these cases, expert witnesses, such as medical professionals and economists, play a crucial role in establishing the extent of the injury, the impact on the victim’s life, and the financial losses suffered. Their testimony helps support and strengthen the case, providing the necessary evidence to prove the damages claimed.
It is worth noting that when pursuing a spinal cord injury lawsuit, the legal process may involve negotiations and potential settlement offers from the at-fault party or their insurance company. While settlement offers can provide a quicker resolution, it is important to carefully evaluate them with the guidance of your attorney. It is essential to ensure that any settlement offer adequately compensates you for your damages and considers your long-term needs.
In some cases, spinal cord injury lawsuits may go to trial. If a fair settlement cannot be reached through negotiations, your attorney will help prepare your case for trial, gathering evidence, interviewing witnesses, and presenting your case before a judge and jury. While trial proceedings may be more time-consuming, they can provide an opportunity to obtain the maximum compensation available.
It is crucial to choose a reputable and experienced personal injury attorney to handle your spinal cord injury case. Look for attorneys who specialize in personal injury law and have a track record of success in handling similar cases. They will have the knowledge, resources, and dedication needed to effectively represent your interests and fight for the compensation you deserve.
When pursuing a spinal cord injury lawsuit, it is important to document all medical treatments, including doctor visits, surgeries, therapies, and medications related to your injury. Keep copies of all medical records, bills, and receipts, as these documents will play a crucial role in establishing the extent of your damages.
In addition to medical records, it is also important to document the impact of the injury on your daily life. Keep a journal or record of the physical and emotional challenges you face, as well as any limitations or restrictions you experience as a result of the injury. This documentation can provide valuable evidence of the non-economic damages you have suffered.
During the legal process, your attorney will also work to gather evidence to support your claim. This may include accident reports, witness statements, surveillance footage, and expert opinions. The more evidence you have to support your case, the stronger your position will be in negotiations or at trial.
If you or a loved one has suffered a spinal cord injury in Cape Coral, Florida, it is important to act quickly. The statute of limitations for filing a personal injury lawsuit in Florida is four years from the date of the injury. Failing to file within this timeframe may result in the loss of your right to seek compensation.
To schedule a consultation with the experienced attorneys at Goldstein, Buckley, Cechman, Rice & Purtz, P.A, call today. Wewill evaluate the details of your case, answer any questions you may have, and provide you with the guidance and support you need during this challenging time. Remember, you don’t have to face the legal process alone. Let the dedicated team at Goldstein, Buckley, Cechman, Rice & Purtz, P.A fight for the justice and compensation you deserve.
In today’s complex legal landscape, negligent security cases have become increasingly prevalent, shedding light on the responsibility of property owners to ensure the safety of their premises. Naples, Florida, a picturesque coastal city known for its beauty and tranquility, is not immune to instances where individuals have suffered harm due to inadequate security measures. When incidents occur on a property, questions about the property owner’s liability often arise, leading to legal battles that hinge on proving negligence. However, property owners and their legal teams frequently employ a range of defenses to counter such claims. In this article, we will delve into common defenses used in negligent security cases in Naples, Florida and the requirements associated with them.
Lack of Foreseeability:
One of the primary defenses employed in negligent security cases is the assertion that the property owner could not have reasonably foreseen the criminal activity that led to the incident. To successfully use this defense, the property owner and their legal team must demonstrate that the criminal act was unforeseeable based on historical crime data, the property’s location, and other relevant factors. For example, if the area has a low crime rate and no history of similar incidents, the property owner might argue that they could not have reasonably anticipated the need for enhanced security measures.
Third-Party Criminal Act:
Property owners might argue that the criminal act was perpetrated by a third party over whom they had no control. This defense aims to shift the blame away from the property owner and onto the individual responsible for the criminal activity. To effectively employ this defense, the property owner’s legal team needs to prove that they took reasonable steps to provide security and that the criminal act was unforeseeable and beyond their control.
Contributory Negligence:
This defense involves arguing that the plaintiff’s own actions or negligence played a significant role in causing the incident. For example, the property owner might claim that the plaintiff failed to take reasonable precautions for their own safety or engaged in risky behavior that contributed to the incident. To establish contributory negligence, the property owner’s legal team must demonstrate that the plaintiff’s actions were a substantial factor in causing the harm they suffered.
Assumption of Risk:
Assumption of risk is another defense that property owners might employ in negligent security cases. This defense contends that the plaintiff was aware of the potential risks associated with entering the property and willingly accepted those risks. To use this defense successfully, the property owner’s legal team must show that the plaintiff had knowledge of the potential dangers and voluntarily chose to expose themselves to those dangers despite knowing the risks involved.
Adequate Security Measures:
Property owners may argue that they had implemented sufficient security measures to prevent criminal activity and that the incident occurred despite their reasonable efforts. This defense requires the property owner’s legal team to provide evidence of the security measures in place, such as surveillance cameras, lighting, security personnel, and access controls. They must demonstrate that the measures were appropriate for the property’s location and the potential risks.
Timely Reporting of Criminal Activity:
In some cases, property owners might contend that the plaintiff failed to report suspicious or criminal activity promptly, which could have allowed them to take appropriate action to prevent the incident. This defense relies on proving that the property owner would have responded effectively to the reported activity by enhancing security measures or taking other precautions.
Statute of Limitations:
Another defense that property owners might employ is the statute of limitations. This defense contends that the plaintiff filed the lawsuit after the legally prescribed time limit had expired. In Florida, there is a specific time frame within which a lawsuit must be filed after an incident occurs. Property owners might argue that the plaintiff’s delay in filing the lawsuit hinders their ability to gather evidence and build a strong defense. It’s essential for plaintiffs to be aware of the statute of limitations and take timely action to ensure their claims are not dismissed on these grounds.
Preexisting Conditions:
Property owners may try to establish that the plaintiff’s injuries were a result of preexisting conditions rather than the incident in question. This defense aims to minimize the property owner’s liability by suggesting that the injuries would have occurred regardless of the security measures in place. To employ this defense effectively, the property owner’s legal team must present substantial evidence linking the injuries to the plaintiff’s preexisting conditions.
Comparative Negligence:
Florida follows the doctrine of comparative negligence, which means that if both the plaintiff and the defendant are found to be partially at fault for the incident, the damages awarded to the plaintiff will be reduced proportionally to their degree of fault. Property owners may use this defense to argue that the plaintiff’s own negligence contributed to the incident and, therefore, they should be held responsible for a portion of the damages.
A successful negligence claim requires establishing a direct causal link between the property owner’s breach of duty and the harm suffered by the plaintiff. Property owners may attempt to challenge this link by arguing that their actions did not directly cause the incident or that other intervening factors were responsible for the harm. Proving lack of causation involves demonstrating that the property owner’s actions were not a substantial factor in causing the incident.
In conclusion, negligent security cases in Naples, Florida, are complex legal matters that revolve around establishing the property owner’s duty of care and their breach of that duty. However, property owners and their legal teams have a range of defenses at their disposal to counter such claims. These defenses often hinge on demonstrating the lack of foreseeability, the plaintiff’s own negligence, the presence of adequate security measures, and other relevant factors. To navigate these complexities successfully, it’s crucial for both plaintiffs and defendants to seek expert legal counsel who are well-versed in the nuances of negligent security cases.
If you or a loved one have been involved in a negligent security incident in Naples, Florida, our experienced legal team at Goldstein, Buckley, Cechman, Rice & Purtz, P.A is here to provide you with the guidance and representation you need. Our dedicated attorneys have a deep understanding of Florida’s legal landscape and can help you navigate the complexities of your case. Contact us today to schedule a consultation and take the first step towards securing your rights and seeking justice.
Car accidents can be emotionally and physically distressing experiences. In addition to dealing with the aftermath of the accident itself, navigating the process of filing insurance claims can be equally challenging. Florida, like many states, has specific regulations and procedures for handling car accident insurance claims. Knowing the dos and don’ts when dealing with insurance companies after a car accident in Florida can help you protect your rights and ensure a smoother claims process.
Dos
Seek Medical Attention Immediately
Your health and safety should always be your top priority. Even if you feel fine after a car accident, some injuries might not be immediately apparent. It’s important to seek medical attention promptly to identify and treat any injuries.
Call the Police and Document the Scene
Contact the police to report the accident, regardless of its severity. The police report can serve as valuable evidence for your insurance claim. While waiting for the police to arrive, if it’s safe to do so, take photos of the accident scene, vehicle damage, and any visible injuries.
Exchange Information
Exchange contact and insurance information with the other driver(s) involved in the accident. Be sure to obtain names, phone numbers, addresses, insurance policy numbers, and license plate numbers.
Notify Your Insurance Company
Report the accident to your insurance company as soon as possible. Provide them with accurate and detailed information about the accident, including the date, time, location, and a description of what happened.
Keep All Documentation
Maintain a detailed record of all documents related to the accident and your claim. This includes medical bills, repair estimates, police reports, correspondence with insurance adjusters, and any other relevant paperwork.
Consult an Attorney
If the accident resulted in serious injuries or if there are complications with the insurance claim process, it’s advisable to consult an experienced personal injury attorney. They can help you understand your rights, negotiate with insurance companies, and ensure you receive fair compensation.
Don’ts
Admit Fault
Avoid admitting fault or making any statements that could be construed as an admission of guilt. Fault determination is the responsibility of the insurance companies and legal authorities. Even a seemingly innocent statement can be used against you later.
Accept Quick Settlement Offers
Insurance companies might offer quick settlement offers soon after the accident. It’s important not to accept these offers without fully understanding the extent of your injuries and damages. Once you accept a settlement, you typically waive your right to seek further compensation.
Provide Excessive Information
While it’s important to be truthful, avoid providing unnecessary details or opinions about the accident. Stick to the facts when discussing the accident with your insurance company and the other driver’s insurance company.
Delay in Filing a Claim
In Florida, there is a statute of limitations for filing personal injury and property damage claims. Failing to file within the specified time frame could result in losing your right to seek compensation.
Sign Medical Release Forms for the Other Party’s Insurance
Be cautious when signing any documents, especially medical release forms provided by the other driver’s insurance company. They might use these forms to access your medical history beyond what’s relevant to the accident.
Handle Complex Negotiations Alone
If the insurance claim process becomes complex, involving multiple parties, injuries, or disputes, trying to navigate it alone can be overwhelming. Seeking legal counsel can help you handle the intricacies of negotiations and ensure you’re treated fairly.
Navigating the aftermath of a car accident can be challenging, but understanding the dos and don’ts when dealing with insurance companies in Florida can significantly ease the process. Remember, your rights and well-being should be your top priorities, so don’t hesitate to seek professional assistance when needed.
How can Goldstein, Buckley, Cechman, Rice & Purtz, P.A help you on Car Accident cases in Florida
At Goldstein, Buckley, Cechman, Rice & Purtz, P.A., we understand that a car accident can be a life-altering event, causing physical, emotional, and financial challenges for you and your loved ones. With decades of experience serving clients across Florida, our dedicated team of attorneys is here to provide you with the experienced legal assistance you need to navigate the complex world of car accident cases.
Comprehensive Understanding of Florida Laws
Navigating the legal landscape following a car accident requires a deep understanding of Florida’s specific laws and regulations. Our team of seasoned attorneys possesses a thorough knowledge of the state’s insurance and liability laws, giving us a unique advantage in advocating for your rights.
Personalized Guidance and Support
Every car accident case is unique, and we recognize that the circumstances surrounding each incident require personalized attention. Our approach begins with a one-on-one consultation to fully grasp the details of your situation. We listen attentively to your concerns, answer your questions, and provide clear explanations of your legal options.
Aggressive Advocacy for Maximum Compensation
Recovering from a car accident involves not only physical healing but also securing the compensation you deserve. Our firm is committed to providing aggressive advocacy to ensure you receive maximum compensation for medical bills, lost wages, pain and suffering, and other damages. We meticulously assess the full extent of your losses to build a strong case on your behalf.
Skilled Negotiation and Litigation
Whether through negotiation or litigation, our attorneys are well-versed in securing favorable outcomes for our clients. We leverage our extensive experience in dealing with insurance companies, applying strategic negotiation techniques to achieve fair settlements. In cases that require litigation, we are prepared to represent your interests in court with unwavering dedication.
Resourceful Investigation
Proving liability in a car accident case often requires a thorough investigation. Our team collaborates with experienced investigators, accident reconstruction specialists, and medical professionals to gather compelling evidence. This evidence is used to establish the negligence of the responsible party and demonstrate the impact of the accident on your life.
Compassionate and Responsive Service
We understand the emotional toll a car accident can take on individuals and families. Our team is committed to providing compassionate and responsive legal services throughout every step of the process. We keep you informed about the progress of your case and are readily available to address any concerns or inquiries you may have.
If you or a loved one has been involved in a car accident in Florida, Goldstein, Buckley, Cechman, Rice & Purtz, P.A. is here to help you navigate the complexities of the legal system. Our seasoned attorneys are dedicated to securing the compensation and justice you deserve, allowing you to focus on your recovery and rebuilding your life. Contact us today to schedule a consultation and take the first step towards seeking the justice you deserve.
Losing a loved one is a devastating experience that can leave a profound impact on family members and friends. When the loss is due to someone else’s negligence or intentional actions, it becomes a wrongful death situation, and seeking justice becomes a priority. In Cape Coral, Florida, as in other jurisdictions, the legal process for wrongful death claims can be intricate and multifaceted. Expert witnesses play a critical role in these cases, helping to provide essential insights, opinions, and evidence to support the claims of the grieving parties.
Understanding Wrongful Death Claims in Cape Coral
A wrongful death claim arises when the negligence, recklessness, or intentional actions of another party lead to the death of an individual. These claims are designed to provide compensation to the surviving family members or beneficiaries who have suffered emotionally, financially, and in other ways due to the loss. Wrongful death claims can result from a variety of circumstances, including:
- Car Accidents: Negligent driving, distracted driving, or drunk driving can lead to fatal accidents.
- Medical Malpractice: Negligence on the part of medical professionals can result in patient deaths.
- Workplace Accidents: Negligence in maintaining a safe work environment can lead to fatal accidents.
- Product Liability: Defective products can cause fatal injuries to consumers.
- Premises Liability: Negligent property maintenance leading to accidents can be the cause of wrongful deaths.
The Importance of Expert Witnesses
Expert witnesses are individuals with specialized knowledge, training, education, or experience in a particular field relevant to a case. In wrongful death claims, expert witnesses can provide critical insights and opinions to help establish liability, assess damages, and support the arguments presented by the plaintiffs. In Cape Coral, Florida, the testimony and evidence provided by expert witnesses can significantly impact the outcome of a wrongful death claim.
Types of Expert Witnesses in Wrongful Death Claims
- Medical Experts: In cases involving medical malpractice or health-related deaths, medical experts can analyze medical records, procedures, and treatment plans to determine if negligence occurred.
- Accident Reconstructionists: For cases involving fatal accidents, accident reconstruction experts can recreate the events leading up to the incident to determine liability.
- Economists: Economists can assess the financial impact of the loss on the surviving family members, including lost income, potential future earnings, and other financial contributions.
- Psychologists/Psychiatrists: These experts can provide insights into the emotional and psychological impact of the loss on family members, helping to establish non-economic damages.
- Forensic Experts: In cases where criminal actions are involved, forensic experts can analyze evidence to provide insights into the cause of death and potential criminal activity.
Requirements for Expert Witnesses
In Cape Coral, Florida, as in other jurisdictions, there are specific requirements for expert witnesses to be considered credible and admissible in court. These requirements aim to ensure that the information provided is reliable and unbiased. Some of the general requirements for expert witnesses include:
- Qualifications: Expert witnesses must possess the appropriate qualifications and experience in their field. This could include academic credentials, professional licenses, and years of relevant experience.
- Relevance: The expert’s testimony and opinions must be relevant to the case at hand. Their expertise should directly address the issues and questions raised in the wrongful death claim.
- Reliability: The information and opinions presented by the expert must be based on reliable methods and principles within their field. Courts assess whether the expert’s methodology is scientifically valid.
- Unbiased Opinion: Expert witnesses are expected to provide unbiased and impartial opinions. They should not have a personal stake in the outcome of the case.
- Peer Acceptance: The expert’s methods and opinions should be widely accepted within their professional community. This helps establish the credibility of their testimony.
The Collaborative Effort for a Successful Outcome
In wrongful death claims, the collaborative effort between legal teams and expert witnesses is essential for building a compelling case. The process begins with thorough research and investigation to gather evidence that supports the claim. Once the evidence is collected, expert witnesses are brought in to analyze, interpret, and provide their professional opinions based on their specialized knowledge. This partnership between legal professionals and experts strengthens the case’s foundation and increases its chances of success.
Expert Witnesses: Enhancing Case Strength
Expert witnesses serve as pillars of credibility within the legal framework. Their testimonies can provide valuable insights that the court and jury may not have access to otherwise. For instance, in cases involving intricate medical procedures, an experienced medical expert can translate complex medical terminology into understandable language for the jury, helping them make informed decisions. Accident reconstruction specialists can recreate the scene of an accident, shedding light on the circumstances that led to the wrongful death.
Expert witnesses bring objectivity and expertise to the courtroom, presenting facts that are backed by scientific principles and professional experience. Their contributions help bridge the gap between technical information and legal arguments, ensuring that the case is presented comprehensively and persuasively.
The Impact on Damages and Accountability
In wrongful death claims, determining the extent of damages and establishing accountability are critical components. Economic damages, such as medical expenses and lost wages, are relatively straightforward to quantify. However, non-economic damages, which include pain, suffering, and loss of companionship, can be more challenging to assess. This is where expert witnesses play a pivotal role.
Psychologists and psychiatrists can evaluate the emotional toll that the loss has taken on surviving family members. Through their expertise, they can articulate the psychological impact of the death, providing a basis for non-economic damage claims. Economists, on the other hand, can calculate the long-term financial implications of the loss, ensuring that the family receives appropriate compensation for both immediate and future financial losses.
Additionally, expert witnesses can help establish accountability by providing unbiased analyses of the events leading to the wrongful death. Their evidence can reveal negligence, faulty practices, or improper procedures that may have contributed to the tragic outcome. This information not only strengthens the claimant’s case but also fosters accountability and encourages responsible behavior in the future.
Wrongful death claims are emotionally charged and legally complex matters. Expert witnesses bring an objective and informed perspective to these cases, helping to clarify complex issues and presenting evidence that can significantly influence the outcome. In Cape Coral, Florida, the role of expert witnesses in wrongful death claims cannot be overstated. Their input can help grieving families achieve justice, accountability, and the financial compensation they deserve.
If you’re dealing with a wrongful death claim in Cape Coral or the surrounding areas, the legal team at Goldstein, Buckley, Cechman, Rice & Purtz, P.A has the experience to guide you through the process. Our skilled attorneys understand the importance of expert witnesses in building a strong case and ensuring that justice is served. Contact us today to schedule a consultation and learn more about how we can assist you during this challenging time.
If you need legal guidance for a wrongful death claim in Cape Coral, Florida, our experienced attorneys are here to help. Don’t hesitate to reach out to us today for a consultation. Let us advocate for your rights and fight for the justice you and your family deserve.
How To Win Your Truck Accident Case
Are you suffering major injuries and want to know how to win your truck accident case? Read our tips on what we can do for you, then call our attorneys now.
Selecting a Truck Accident Attorney
Recently we had someone come to us and their husband was in a terrible truck accident. A truck was at fault for that crash, and they asked me, “How do I go about finding the right attorney for this accident?” We had to explain that usually the insurance company will have their attorney at the scene of the accident or at least an investigator there. They even have an expert witness there that will do a reconstruction of the accident. They act right away because they know what the extreme value of a truck accident case can be, so you need an attorney that has the wherewithal to be able to have their investigator potentially at the scene or at least get on top of an investigation right away to make sure we have all the appropriate information.
We need to preserve the vehicles involved, we need statements from witnesses, and those sorts of things. When she asked, we said that is step number one, and what we think is the most important starting point, finding an attorney that knows what they’re doing with truck accidents, that has experience in those accidents, and can act right away to make sure they can maximize the value of the case for you.
Mistakes After a Truck Accident Claim
We spoke with a client recently and we took on their trucking accident case. They didn’t hire us right away. They had originally tried to handle the case themselves. What they did that was troublesome was they gave a statement to the insurance company for the trucking company right away. They didn’t have the benefit of having counsel involved, and in that statement, they made some comments that ended up hurting their case. They weren’t things that ultimately took away from their case, but they were things that the defense brought up at a later date to try to diminish the value of their case.
It’s very important that right away you get your attorney involved. The attorney needs to be someone who is skilled in trucking accident cases. Our firm has a lot of experience in these cases and we have board-certified trial attorneys who try trucking accident cases. You need an attorney to get involved right away and help navigate you through those questions, make sure there’s no statement given. Also, if you don’t hire an attorney right away, the attorney can’t go do the investigation of the vehicles, preserve the evidence, and start to make your case the best case it can be.
It’s important to reach out right away. We’re always happy to talk to anyone who wants to call in about a trucking accident case, and we give free consultations in that regard.
Role of Expert Witnesses in a Truck Accident Claim
An expert witness in a trucking accident case is usually determining who is at fault by looking at roadway evidence and looking at crush damage to a vehicle. We recently had a lady hire me. Her husband was severely injured in a trucking accident and, unfortunately, succumbed to his injuries. The defense, the insurance company, had their expert at the scene of the accident doing an investigation already, so you need an attorney who also can hire an expert immediately and who has the financial resources to pay that expert. These experts can be costly – $30,000, $40,000, $50,000 or more – and that’s something that the law firm pays; we do not ask you to pay. That’s something that’s reimbursed at the end. Our law firm can pay these experts. We have the financial wherewithal to do that.
We need a competing expert because there’s often severe damages in trucking accident cases, so the insurance company will do anything they can to try to limit that value by hiring an expert early on and trying to come up with some opinions that would indicate that you’re somehow at fault. Hire an attorney who understands that they need to get an investigation done right away, that has the wherewithal to hire the experts, to make sure they can maximize the value of your case. Our law firm does just that. We’ve been handling trucking accident cases for nearly 60 years, and we handle them often. Please feel free to reach out to us.
After a Truck Accident
We had a recent case for a client whose husband was in the hospital with severe injuries, and he ultimately succumbed to those injuries as a result of a truck hitting his motorcycle. She wanted to know what the first steps are that needed to be done.
The first step that needs to be done is to try to preserve as much evidence as you can. Oftentimes the insurance company for the trucking company knows that there can be major injuries, so they will send an investigator to the scene of the accident. In this particular case, the defense attorney in the case was actually at the scene of the accident. They’ll act quickly, so what you need to do is make sure you hire an attorney that understands they also need to act quickly to get an investigation done to the vehicles, to preserve evidence, including preserving the vehicles, to take statements of witnesses, and to start to build the case from day one.
We have seasoned trial attorneys her, so we understand the intricacies of a trucking accident case. It’s important that you reach out to us right away so we can get started on your trucking accident case.
Have you lost a loved one been involved in an accident with a truck in Florida and have questions about how to win your truck accident case? Contact our experienced Southwest Florida truck accident lawyers today for a free consultation and case evaluation.
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Breaking news: Accomplished Fort Myers attorney J. Jeffrey Rice named a Florida Super Lawyer for the 14th consecutive year.
Rice, a former managing partner of Goldstein, Buckley, Cechman, Rice & Purtz was first named to the list in 2006. To earn the annual honor, candidates are measured against 12 indicators of peer recognition and professional achievement, a rigorous and methodical process to determine Super Lawyers that represent the top 5 percent of legal professionals in each state.
Super Lawyers magazine will feature Rice in his primary practice area, business litigation, in its June issue, which will be distributed to more than 62,000 attorneys and posted in an online directory. Rice emphasizes his practice on commercial law, construction law and real estate.
J. Jeffrey Rice named a Florida Super Lawyer for 14th consecutive year
Rice was admitted to the Florida Bar in 1975 after completing a Bachelor of Arts degree from Northwestern University and a juris doctorate from Case Western Reserve University. He is a member of the Lee County Bar Association and Florida Bar, and licensed to practice in the U.S. District Court for the Middle District of Florida and 11th Circuit Court of Appeals. He previously has been honored by Martindale-Hubbell as a top-rated lawyer in business and corporate law, and has been included in the peer-reviewed legal publication Best Lawyers.
About Goldstein, Buckley, Cechman, Rice & Purtz
Goldstein, Buckley, Cechman, Rice & Purtz has offered a full complement of professional legal services to Southwest Florida clients since 1962. The firm’s experienced attorneys are board certified by the Florida Bar, and their areas of practice include personal injury and accidents, fall and premises liability, wrongful death, motorcycle and truck accidents, medical malpractice, real estate, commercial litigation, construction law, wills, estate planning and administration, social security law and criminal law. With offices in Fort Myers, Cape Coral, Naples, Lehigh Acres and Port Charlotte, attorneys can be reached by calling (239) 326-0558 or visiting JusticeStartsNow.com.
A Long Way to the Law
More than 50 years ago, John Cechman was called to fight for his country in the Vietnam War, earning a Bronze Star for his service.
Today, he fights for his neighbors as a partner and personal injury attorney at Goldstein, Buckley, Cechman, Rice & Purtz, P.A
His military career started at the West Point United States Military Academy in New York where he was recruited to play football from high school in Northumberland, Pennsylvania, where he grew up. It was football, not necessarily the Army, that attracted him to West Point.
“The campus was beautiful, and it was a good education,” he said.
He played for the freshman and junior varsity teams until he failed a European history class and his grade point average dipped below the requirement, forcing him to leave.
“Had I stayed, I would have played on the big Army team,” he said.
He continued his education at New Mexico University, and joined the advanced Reserve Officers’ Training Corps (ROTC) to help pay for his college expenses.
After Cechman graduated from Indiana University of Pennsylvania with a Bachelor of Arts in Mathematics in 1967, he became a second lieutenant in the army, completing Infantry Basic Officer Leader course in Fort Benning, Georgia. He completed Army Intelligence School at Fort Holabird in Baltimore.
Attorney John B. Cechman served his country and now serves his clients
It was there that some friends talked to him about practicing law. From Fort Carson, Colorado, he was sent to Quang Tri Province just south of the demilitarized zone (DMZ) in South Vietnam. As Agent in Charge of Military Intelligence, he was stationed with the 1st Brigade 5th Infantry Division from July 1968 to July 1969.
“It was difficult,” he said. “There were good days and bad days. It’s a year I would not want to duplicate. That’s why I think vets who have seen combat don’t ever talk about it. If you haven’t lived through it, you can’t possibly imagine it.”
While he admits his grades in school were not always the best in his younger years, he understood the legal system and considered a future practicing law. He did well on his way to the law school entrance exam and applied to the then-recently established law school at Florida State University (FSU) while still in Vietnam.
“I heard about law from friends in Baltimore,” he said. “I knew I didn’t want to stay in the Army. I had never been to Florida, so I went straight to FSU.”
On a break from law school, he drove to Naples to visit the family of another student. On the way, he stopped in Fort Myers to look into a job that founders of Goldstein, Buckley, Cechman, Rice & Purtz had posted on an FSU bulletin board. It was a long way to the law firm, but he pulled up to the office on his motorcycle and has been representing motorcyclists ever since.
His military medals hang next to a large quilted American flag over his desk: Bronze Star, National Defense Service medal, Vietnam Service medal, Republic of Vietnam Campaign Ribbon, Expert Badge & Auto Rifle Bar, and Marksman Bar & Pistol Bar.
“I tell my sons that the military is a great character builder,” he said. “There are no excuses. You get the job done. Yes sir. No sir. It makes you an overall better person. If I have a case, I’ve got to do it right and on time. It translates not only to the law, but any job, any occupation.”
Throughout the year, members of the firm collect clothing and supplies for veterans to be donated through the Cape Coral office of U.S. Department of Veteran Affairs.
It’s been a long way to the law. “A lot of veterans need help, especially since in combat PTSD is a real thing,” Cechman says. “I’m proud of the fact the firm does what it can to assist vets.”
Goldstein, Buckley, Cechman, Rice & Purtz has offered professional legal services to Southwest Florida clients since 1962. The firm’s experienced attorneys are board certified by the Florida Bar, and their areas of practice include personal injury and accidents, fall and premises liability, wrongful death, motorcycle and truck accidents, medical malpractice, real estate, commercial litigation, construction law, wills, estate planning and administration, social security law and criminal law. With offices in Fort Myers, Cape Coral, Naples, Lehigh Acres and Port Charlotte, attorneys can be reached by calling (239) 326-0558 or visiting our Contact Us page.
4 Nursing Home Abuse Tips
Has a loved one of yours been abused while under care in a nursing home? Check out these 4 nursing home abuse tips, then give our Florida lawyers a call now.
1. Nursing Home Abuse Case Timeline
Resolving a nursing home negligence claim in Florida can be a very detailed process. There are certain laws that set forth certain things procedurally that need to occur at certain steps along the way. It is very fact-, detail- and legally intensive, so making sure that you get the right attorneys involved early is certainly the best way to go about getting that case resolved, but there is so much that goes into one of these cases. You need to make sure that you have the right folks by your side in addressing these issues. Some of these cases can take the long, winding road through the pre-suit process before a lawsuit is filed and ultimately end up going through certain other avenues before we even get to the courthouse to potentially look at a jury trial. These are cases that can and often lag on for some period of time, but it’s important to know that we at Goldstein, Buckley, Cechman, Rice & Purtz are here with you every step of the way. We’re here to guide you through the process no matter how short or long it takes, and we are here to make sure that we achieve justice for you.
2. Nursing Home Abuse Case Going to Trial
Nursing home negligence cases sometimes go to trial. The vast majority of them get resolved through what is called a pre-suit process that the legislature has put in place that allows certain things to occur where claims are presented, documentation is exchanged, and injuries and damages are fully solidified. Hopefully, your case can get resolved short of a multi-year trek down the road to a jury trial, but there are no guarantees. Nursing home negligence cases can take on many forms depending on the facts and circumstances not only that led to the actual incident or incidents occurring, but also the damages and how this has affected you or your loved ones that you have in the care of these facilities.
3. Reporting Nursing Home Abuse
Reporting a nursing home negligence claim starts at the facility. Documentation is important. Once something comes up that you or a loved one experience or hear about, making sure you work through the chain of command and make it known there at the ground level immediately. The next important thing to do is pick up the phone and call an experienced attorney to get in and work with you to document these things and to work through what the legislature in Tallahassee has put in front of folks that want to bring claims for nursing home negligence. There are timeframes and time limits associated with reporting and documenting that you need to keep in mind. Some exist on a much more formal level than simply letting the folks at the nursing home know what is going on. As such, getting out in front of it early on, making sure you’re raising complaints and issues with any and everyone who will listen to you at the actual facility but also reaching out to an attorney to make sure that they are working on your behalf to document this through the appropriate governmental entities are all essential.
4. Nursing Home Abuse Case Value
The value of a nursing home negligence claim in Florida is very, very personal to the person that has suffered at the hands of these individuals, these folks, these corporations that we trust to look out for us and our loved ones when they’re at their most vulnerable. The value of the claim depends on many things including what ultimately occurred, how this has affected the person involved in the claim, what damages have resulted, what medical care and treatment was necessary to cure or attempt to cure the failures on the part of the nursing home, what has been missed as far as amenities and things that needed to be present, and how those things (the skilled nursing, the doctors on staff, the people that need to be looking out for us and our loved ones) have gone about causing what most of the time is immense suffering to our most vulnerable. The value of the claim is very comprehensive, based upon the amount and the extent to which the negligence of these facilities, their failure to do what they should and what we expect them to do, has affect the person involved. It, again, includes more than just dollars and cents medical expenses but ultimately what have us and our loved ones had to endure at the hands of these facilities that we have trusted.
Has a loved one of yours been abused while under care in a nursing home in Florida and have questions about our 4 nursing home abuse tips? Contact our experienced Southwest Florida nursing home abuse lawyers today for a free consultation and case evaluation.
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3 Slip and Fall Tips
Were you or a loved one injured from a fall and have questions? Check out these 3 slip and fall tips for guidance, then call our Southwest Florida attorneys.
Slip and Fall Case Going to Trial
We have folks come to us who have been involved in a slip and fall incident and tell us the last thing they ever want to do is go to trial, and that’s fine. Most of these cases never have to go to trial. We can settle some of these cases early on with the insurance company by sending a demand letter and negotiating settlement. The demand letter just says what your injuries are, how the accident happened, what your medical bills are, what your pain and suffering is, and then we can negotiate settlement within the first few months after an accident.
Sometimes, though, we have to file a lawsuit. A lawsuit just means that we file paperwork with the court and we proceed towards trial. Even when we do that, most of those cases settle before we go to trial. Why? Because the insurance company understands that our law firm is a trial firm, that we will try these cases, so that usually means we can maximize the value of the case before going to trial.
Insurance companies also know the attorneys that don’t try cases, so they’ll continue to lowball the client because they know the attorney will push the client to settle the case. That’s not what we do. We have four board-certified civil trial attorneys – which is the highest certification you can receive for civil trial – and that makes us personal injury trial experts, and we’re willing to try these cases for you. Because we’re willing to do that, most of these cases never have to go to trial; in fact, a very small percentage do.
Slip and Fall Pre-Existing Injury
If you have a slip and fall claim in Florida and you have a preexisting condition – say you have an arthritic knee – and then you get in this slip and fall accident and hurt that knee worse. While you had some pain in the knee before, you never needed surgery. After this accident, you need a surgery on the knee. The insurance company is going to say, “Well that was a preexisting condition, so we’re not going to pay you for that because it’s something that you would’ve had anyway.” This is a very common argument they make. Insurance companies hire defense doctors all the time, and those doctors will come up with these opinions. Those opinions oftentimes lack foundation because they do not take into account that you were hurt worse.
The law in Florida says if you have a preexisting condition and it’s aggravated because of an accident, then the insurance company is responsible for that aggravation and responsible for that knee surgery if that knee is aggravated. Don’t let it scare you off if you have some preexisting condition. If you’re hurt worse, the law says that you can recover for that.
You need a skilled attorney that’s able to make sure your treating physicians understand that you had this prior condition, that it got worse from the accident. Then the doctors can give appropriate opinions and we can recover appropriately for that aggravation of the preexisting condition. Please feel free to reach out to us if you have a preexisting condition and then you’re injured to where it’s made worse.
Suing the City for a Faulty Sidewalk Injury
If you have a trip and fall case in a municipality, city, or county on a curb or on a sidewalk, then you absolutely have a case. In Florida, there is this law that property owners have to keep their property in a reasonably safe condition, and that includes any city, county or municipality. They do have sovereign immunity, meaning that there is a cap on the damages that you can recover of $200,000, and there’s a cap on the attorney fees of 25%, but our firm doesn’t shy away from those cases because of that. We still handle them regularly.
If you have one of these sorts of injuries, please feel free to reach out to our law firm. We handle these cases regularly and we’d be happy to talk to you about your case.
Were you ore a loved one injured in a slip and fall accident in Florida due to the carelessness or negligence of someone else and have questions about these 3 slip and fall tips? Contact our experienced Southwest Florida slip and fall lawyers today for a free consultation and case evaluation.
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