Articles Posted in Personal Injury

Cape Coral Trial LawyersYou’ve been in an accident, and you need to hire a personal injury lawyer. Ideally, the responsible party will step up and make things right, but what happens when they don’t? You need to know that your attorney is capable of taking them to court— and winning.

How can you tell if the lawyer you hire will be an effective trial lawyer? Read on to learn some of the traits that mark an expert trial attorney.

Trait #1: Confidence

Cape coral injury attorneys
If you’ve been injured and are seeking legal assistance, you need to find an attorney you can trust. You’re already vulnerable, and you need to know that your attorney has your best interests at heart. Before you hire an attorney to handle your case, be sure you are familiar with their practice and understand the process.

We’ve assembled a list of questions you should ask your potential personal injury attorney before moving forward with the case.

Q: Have you handled personal injury cases like mine before? If so, how many?

injured by product
Defective products, such as faulty furniture or contaminated food, are recalled often. The recalls themselves can be voluntary actions taken by product manufacturers or actions urged by official government agencies like the Food and Drug Administration or the Consumer Product Safety Commission.

When people are negatively affected by these faulty products, they have a right to file a defective product injury claim, often referred to as a product liability lawsuit.

What is Product Liability?  

Cape Coral Injury AttorneyWhen you’re injured because of another party’s negligence, what do you do? Whether it’s a slip-and-fall, a car accident, defective medication, medical malpractice, or any other form of negligence, you’re entitled to compensation for the losses you’ve suffered.

The medical bills, not to mention the wages you’ve lost, are racking up, and you’re not sure how to proceed. How will you pay your bills— the ones that existed prior to the accident as well as the ones that resulted from your injuries? In these cases, it just makes sense to file a personal injury lawsuit.

Personal Injury Process

As a resident of Southwest Florida, you know that we live in a boater’s paradise! Unfortunately, accidents happen, even to the most experienced boaters. What’s your recourse should you be harmed on a recreational boat? Here are some of the important points you should remember if you’re injured while boating anywhere in the southwest Florida area.

Negligence is Key

The key to recovering damages from the person you believe is responsible for your boating injury is to prove that the injury is the result of negligence, or the failure to act with reasonable care. Injury doesn’t always occur because someone acted with negligence; sometimes, an accident is just that—an accident. Nobody is at fault. Therefore, it’s up to you and your lawyer to decide if the other party was careless and caused your injury with that carelessness.

In Feggestad v. Kerzner International Bahamas, LTD, et al., the plaintiffs appealed an order from the lower court dismissing their complaint against the defendants, finding that the contract that the plaintiffs signed contained an enforceable forum selection clause. A forum selection clause is a term in a contract that binds the parties to litigating any disputes regarding the agreement and its terms in a specific location.hotel

The facts of the case are as follows. The plaintiffs made a reservation for the Atlantis Resort in the Bahamas and obtained a confirmation via email. The confirmation had a Terms and Conditions section that required the guests to view a separate document. In the document, the plaintiffs were notified that any dispute regarding the reservation and the plaintiffs’ stay at the hotel must be litigated exclusively in the Bahamas. They were also informed that upon arriving in the Bahamas, they would need to sign a registration form that included the same forum selection clause identifying the Bahamas.

When the plaintiffs checked into their hotel, the customer service representative asked them to sign a registration card. The plaintiffs asked why they needed to sign it, and the representative said that it was necessary for charging incidentals to their hotel bill. The card contained a similar forum selection clause.

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do I need an injury lawyerWant to try a little experiment? All you need is a stopwatch and a television set. Ready? Alright turn on the tv and start the time. How long does it take for a celebrity or actor to stroll on-screen and claim the insurance company they represent has your best interests at heart? We guess it won’t even take an hour.

Do you ever wonder how the insurance companies afford to blast those commercials across your tv screens, over the radio waves, and in newspapers and magazines? They advertise because they are so profitable; profits made at the expense of policyholders.

If you’re still not convinced, we gathered five other facts the insurance company doesn’t want you to know.

parked red ATVIn Perez v. Rodriguez, the plaintiffs, acting as personal representatives of the estate of their son, Danny, brought a wrongful death action against the defendant. In their complaint, the plaintiffs alleged that their son was killed as a result of injuries he sustained due to an ATV accident. At the time of the accident, the ATV was being driven by the defendant’s son, Ricky, who did not suffer any injuries. At the time the accident occurred, both boys were 16 years old, and neither of them had put on a helmet.

During discovery, evidence came out regarding the circumstances surrounding the accident. The ATV was capable of traveling up to 65 miles per hour and was not intended for multiple riders. It was a surprise gift for Ricky from his parents. Neither parent operated the ATV, and only the wife had ever ridden on the ATV while Ricky was driving. Before the accident happened, no one other than the wife had ridden with Ricky on the ATV.

The parents testified that Ricky was required to ask permission to ride the ATV and that he was not allowed to use it unless at least one parent was home. As far as they knew, their son had not disobeyed this requirement. The key to the ATV was kept in an unlocked drawer in the area that the father used for his office.

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yellow school busReports surfaced during early December 2016 that at least six children in Tennessee perished in a tragic school bus accident. Several other student passengers on the bus suffered serious injuries. The accident happened because the bus driver was traveling at an unsafe speed. When the bus rounded a corner, the driver lost control, sending the large vehicle off the road, where it slammed into a tree. The bus then rolled onto its side.

The accident has generated a robust discussion regarding the level of oversight that schools exercise over bus drivers and other personnel. Numerous parents expressed outrage that the bus driver was permitted to continue operating a school bus after a series of incidents suggested that he was perhaps unfit to operate the bus. Many thought he should have been terminated or at least placed on suspension.

According to a news report from CNN and other reports, students had submitted numerous written complaints along with complaints from parents to the school, indicating that the bus driver engaged in reckless driving. Other employees at the school also notified officials at the school that they observed the driver operating the bus in an unsafe manner. Despite these warnings, the school took no action against the driver.

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Cape Coral Injury Lawyer
“It will never happen to me,” is what most people say to themselves until the unexpected presents itself. In cases of personal injury, an unexpected situation can turn life upside-down. When this happens, choosing a lawyer should be at the top of the priority list. The vast majority of cases pertaining to civil litigation in the United States will be related to personal injury, whether it is associated with medical malpractice, motorcycle and car accidents, crime and abuse, faulty products, spine and brain injuries, or one of the other categories connected with personal injury.

What is a personal injury lawyer and what are the benefits?

According to the National Center for Health Statistics, approximately 31 million people suffer an injury each year in the U.S., many of whom require treatment. Choosing a local Cape Coral or Fort Myers lawyer who specializes in personal injury will ease the process of claiming compensation to fund hospitalization, medical expenses, and other losses.