Southwest Florida Injury Lawyer Blog

Harris Law Firm

A Brain Injury Lawyer Can Help

At the Harris Law Firm, P.A., we understand how  devastating catastrophic personal injuries affect individuals and their families. A traumatic brain injury (TBI) causes long-term (and often permanent) disabilities that can prevent a person from living independently and being self-reliant. If a loved one has suffered a head injury or brain injury, then contact an experienced and compassionate brain injury lawyer at the Harris Law Firm for legal help.

Brain Injury Lawsuits

Traumatic brain injuries and mild traumatic brain injury (MTBI) cause a substantial number of deaths and permanent disabilities in the U.S. every year.  Annually, the Centers for Disease Control estimates that there are roughly 1.4 million cases of traumatic brain injury (TBI) in the U.S., resulting in some 50,000 deaths and 235,000 hospitalizations.

If a loved one has suffered a traumatic brain injury, an experienced brain injury lawyer at the Harris Law Firm, P.A. can help.  We have the experience, knowledge, and diligence needed to obtain the compensation that your family deserves.

Types of Traumatic Brain Injury

Traumatic brain injuries are typically classified as mild or severe, though even a “mild” brain injury often results in permanent and severe cognitive deficits, memory loss, personality disorders, and inability to live without assistance.  A severe traumatic brain injury can cause an extended period of unconsciousness, amnesia, coma, and severely restricted brain function related to thinking, language, emotions, and even sensation.

There are two classifications of head injury that cause damage to the brain:

Closed Head Injuries – A closed head brain injury occurs when a trauma, such as a fall or sports collision, causes the brain to strike the inside of the cranium. Closed head injuries can result in hematomas, contusions (bruising of the brain tissue), amnesia, headaches, nausea, seizures, and a loss of mental functioning.

Open Head Injuries – An open head brain injury, sometimes referred to as a penetrating head injury, occurs when a foreign object or bone material contacts brain matter directly. An open head injury poses a significant risk of death or catastrophic injury.

Contact David Harris for a Personal Consultation

Contact experienced and respected trial attorney David Harris for a personal evaluation of your case.  For your convenience, David will come to your home or hospital for the consultation.

The bottom line:  we are committed to protecting victims’ rights.

To schedule a free consultation with our office, contact a personal injury attorney from the Harris Law Firm, P.A. today.  We will work tirelessly to help ensure that the liable parties are held accountable for their actions.

According to the News Press, a Cape Coral resident was seriously injured in a semi accident on I-75.  The truck crash involved a tractor trailer in Sarasota County near exit 195.

According to the report and Florida Highway Patrol, the Cape Coral victim, identified as John Fortunato, was traveling south on I-75 when the truck drifted onto the shoulder of I-75, over-corrected, and then overturned.  The injured was transported to Bayfront Medical Center.

No other information is available. Our prayers to the victim and family.

Sadly, we read about serious and even fatal pedestrian accidents throughout Southwest Florida on a routine basis, sometimes several within the same month.

Drivers’ Duties Toward Pedestrians

According to Florida law, the driver of a car or truck has a duty to look out for pedestrians and other hazards in the roadway. This means that driver of the vehicle should be able to see the pedestrian in the roadway and react in a timely manner to avoid hitting the pedestrian if he or she is driving appropriately under the circumstances.  These circumstances will depend on the visibility, weather, time of day or night, the speed limit or average speed on the road, blind spots, intersections with or without crosswalks, among other factors.

While pedestrians themselves have certain obligations under Florida law, Florida’s traffic law § 316.130(15) states that every driver of a vehicle shall exercise due care to avoid collision with any pedestrian or human-powered vehicle and must give warning when necessary and exercise proper precaution. What does this mean?

Drivers Must Act Reasonably — Even for Pedestrians Outside a Crosswalk

This means that the driver of a motor vehicle is in a better position to avoid injury or death to a pedestrian even when the pedestrian may not be observing his or her legal duties.  Accordingly, even in a case where a pedestrian is crossing a roadway outside of a crosswalk, the driver of the vehicle must still be paying attention and actively look for dangerous situations in the roadway.

Florida law also directly creates duties for motorists upon seeing a child or obviously confused or incapacitated adult.  Upon seeing a child near the roadway, the driver of a vehicle should slow down adequately below the speed limit to avoid striking the child.  Such moves by the driver in advance of a situation can mean the difference between life and death to the pedestrian, as well as whether the driver gets sued for negligence.

However, drivers of motor vehicles will have a defense if the pedestrian darted into the roadway or entered the roadway in a manner that would be unexpected or unanticipated by the reasonably prudent driver.

Contact an Attorney For Legal Help

Any pedestrian injured in a car or truck accident should contact a personal injury lawyer at the Harris Law Firm, P.A. to discuss the case.  Injured victims could be eligible to file a claim and recover financial compensation.

Has Your Personal Injury Claim Gathered Dust or Been “Buried?”

Unfortunately, I hear from “volume” law firm refugees weekly about their wanting to change law firms.  It turns out that despite all the hype and advertising by some law firms for even more cases, when the client signs up, that may be the last they hear from their personal injury attorney for months, even years.

Sad.  A client calls up for a status update and is told the lawyer doesn’t know the status, or is confronted by a non-lawyer assistant wondering why the client “needs to know” what the status is.

This shouldn’t happen. This is not how a seriously injured client should be treated (and of course, no client should be treated this way).  Lawyers should know their clients, and know their clients’ cases. Routine status questions by a client should be answered. The lawyer should speak to the client, and not use a secretary or assistant as a buffer.  I mean, does that lawyer want to handle the case or not?

Time for a Change?

When facing the problem of insurance claims while trying to deal with serious injuries, it can be overwhelming. Having a lawyer or law firm who allow your case to gather dust, sit on a shelf, or get buried in the mounds of other “files” is simply not the way your important injury matter should be handled. Doing so compounds your stress and anxiety.

Some injuries are so serious that a lifetime of care may be necessary.  Focusing on recovery and health should be priority number one.  An injury victim or grieving family should not be left in a position where the insurance company is dictating what the settlement should be, and the lawyer not fighting for the client. Contact a dedicated personal injury lawyer today at the Harris Law Firm, P.A., where personal attention and service is what we provide to each client.

Don’t Be Lowballed

If you have been offered a settlement from an insurance company and are not represented, then chances are you may be offered a much lower dollar amount than could be negotiated by a skilled personal injury lawyer.

Insurance companies and claims adjusters play the odds that most injury victims or families mourning a lost loved one will just cave in and accept a low-ball settlement offer.  They often try to “scare you off” from retaining an aggressive personal injury attorney.

If you then hire a lawyer, and the lawyer simply does not act, or fails to act quickly, then you may not be any better off.

Insurance companies do their best to dissuade injury victims from contacting a lawyer – they would prefer to pay a lower settlement and get a break from paying full and fair compensation.  Shouldn’t the injury victim’s interests be placed first and foremost?  Not only are insurance companies incredibly difficult to negotiate with, they often times resort to deceptive and unethical claims adjusting tactics.

Protect yourself and your family by contacting the Harris Law Firm, P.A. to review and evaluate your case.

Medical malpractice can have devastating effects on families. The term “malpractice” means negligence. A bad result in and of itself does not mean a doctor committed malpractice. Only if the “bad result” was caused by a breach of the standard of care, does a potential claim exist.

What we see quite often are patients who are not pleased with an unsuccessful result or a “problem” with their doctor (usually bad bedside manner), even in the absence of any negligence on the part of a doctor.  Before you get gung-ho and claim you want to “sue” your doctor, think long and hard about your “damages.” Damages are your harms and losses, and in a medical malpractice claim, they must be very big to warrant a formal claim (in our opinion).

Why, you ask? Here’s a summary . . .

1. Submission of Medical Records to Expert

After all the medical and hospital records have been collected (which cost money), your medical malpractice attorney will review them and then, if he/she believes a claim may exist, submit them to a medical expert for review. This expert will generally be a physician who is recognized in same or similar field as having the education, training, and experience to determine whether or not the doctor violated the patient’s rights or otherwise breached the standard of care for the doctor at issue. This costs a lot of money, and represents a significant investment of time and money by the lawyer.

We are not going to dedicate this substantial amount of resources in an instant where the damages are minuscule or where the patient’s real injury is hurt feelings.

2. Expert Review & Affidavit

If, after reviewing the records, the expert physician retained by the lawyer believes the doctor at issue breached the standard of care applicable for that specialty (Ch. 766 of the Florida Statutes), then the expert has to prepare an affidavit attesting to the breaches of care under oath. Without this affidavit, no medical malpractice claim can move forward.  Again, this costs a lot of money, and represents a significant investment of time and money by the lawyer.

3. Notice of Intent to Initiate Litigation

After receiving the expert affidavit that a valid claim against the doctor exists, the medical malpractice lawyer prepares a Notice of Intent to Initiate Litigation (NOI). The NOI is a letter sent by certified mail, return receipt requested, upon the doctor who was negligent. A copy is also provided to the Florida Medical Board, which is the state agency which oversees licensing of physicians. The NOI will outline the claim and attach the affidavit. This NOI begins the 90-day “pre-suit” period in which the claimant (injured patient) and respondent (doctor), usually their respective attorneys, exchange information. During the 90 days, the doctor (or doctor’s insurance company) may accept liability or deny it. In practice, most physicians and their insurance companies deny it and provide their own expert affidavit in defense of their care.

4. No Lawsuit is Permitted Until the Presuit Period is Over

Importantly, in Florida, a lawsuit against a doctor for medical malpractice can be filed in court only when the pre-suit requirements have been satisfied, e.g. expert affidavit, certification of good faith by the victim’s attorney, and 90 pre-suit period has expired. Unless pre-suit requirements have been satisfied, a lawsuit will not be permitted.

During this pre-suit period, the doctor and patient (typically through their respective attorneys) exchange pre-suit discovery, including written questions, document exchange, and may include unsworn testimony by parties, the doctor, as well as experts. Again, the expenses can mount here.

If someone files a medical malpractice lawsuit without satisfying the presuit requirements, then the lawsuit can be, and often is, dismissed with prejudice (meaning the lawsuit is barred forever).

5. Lawsuit, Litigation, Trial (Very Expensive)

When the 90-day pre-lawsuit period is complete, the doctor or hospital either accepts liability or denies it. Very rarely does the physician por hospital accept liability; most often, liability is denied.

Now the lawsuit can be filed, and litigation begins, including written questions under oath, depositions of parties and witnesses under oath, depositions of experts, and related trial preparation. This is very costly in time and money. If the case goes to trial, then additional costs are incurred for trial subpoenas, exhibits, witnesses, and experts coming to the courthouse.

Jury selection usually lasts several days, and the trial can last 1-3 weeks or more, depending on the number of witnesses.

For the trial lawyer, unlike on TV where the characters go about their normal routine and pop in and out of the courthouse during the trial, the trial consumes every 24 hour period (barring sleep) for the days and weeks (including weekends and holidays) leading up to, and during the jury trial.

The time investment, let alone the trial expenses, are enormous.

So Before You Call a Lawyer About a Potential Medical Malpractice Claim . . .

Think long and hard.  Does you really believe a medical malpractice exists?  Do you believe it is provable that the doctor at issue breach the standard of care (i.e. was he/she negligent), and did this negligence cause a catastrophic personal injury (i.e. blindness, lost limb, paralysis, brain damage, etc.) or death? If the negligence did cause such an injury, then what are the damages? What are your harms and losses?

If you sincerely believe your case warrants the above, then maybe you do have a real, valid claim. If not, then you probably don’t.

David Harris of the Harris Law Firm, P.A. is a personal injury lawyer committed to obtaining superior results by skillfully and aggressively pursuing claims and compensation on behalf of his injured clients. Our Fort Myers-based personal injury law firm is devoted exclusively  to the representation of individuals and families who have suffered injury or death because of the negligent or reckless conduct of others.

Attorney David Harris represents consumers who have been victimized by insurance companies and negotiates and litigates cases involving serious tractor-trailer and automobile accidents, wrongful death, and other personal injury claims. We assist victims throughout Southwest Florida and beyond and are skilled in negotiation, courtroom litigation, pre-trial settlements, and conducting trials.

At the Harris Law Firm, P.A. we are committed to representing injury victims throughout Southwest Florida in the following areas of practice:

• auto accidents
• trucking accidents
• motorcycle accidents
• wrongful death
• premises liability
• swimming pool accidents
• diving injuries
• burn injuries
• electrocution

Florida personal injury lawyer David Harris is aggressive, ethical, and compassionate. We aggressively pursue those accountable for our clients’ injuries and remain compassionate in handling the sensitive nature of each unique claim.

Statistics prove that injury victims who retain an injury attorney for representation consistently receive several times the amount recovered by those who choose to “go it alone” against the defendant’s insurance company.

Contact us today for your serious personal injury case.

Need a Personal Injury Lawyer? Do Your Research Before Hiring One

If you have been involved in an accident of any sort in Fort Myers, it is best to find legal representation that specializes in the field of expertise needed. Finding the right personal injury attorney to represent you effectively is not easy and can be a daunting task, you need to be able to have full confidence and trust in who is chose.  There are several different avenues to begin your search, but refrain from the phone book or advertisements, there is not enough information provided. Internet search the following: accident attorney in Fort Myers and you will get a list of specific attorneys and law firms who specialize in accidents. After perusing the list, the next step would be to start making phone calls to the specific attorneys who seem like a good fit for your situation. Seems like a lot of work, it is for finding an accident lawyer without any references or knowledge regarding them will make decision making tough.

Attorney David Harris has represented injury victims throughout most of his career.  Aside from focusing his private practice on serious personal injury and wrongful death claims arising from motor vehicle accidents, car accidents, truck accidents, motorcycle accidents, product liability, and medical malpractice, attorney Harris earned valuable trial experience as an Assistant Public Defender in Florida for almost 3 years, as well as serving as insurance defense counsel on behalf of prestigious hospitals, university medical centers, and health care systems.  In private practice in Florida, David has successfully tried to cases to juries, as well as settled catastrophic injury and wrongful claims for his clients. With more than 15 years of legal experience, he started the Harris Law Firm, P.A. in 2009.

Just doing an Internet search with the words personal injury lawyer Fort Myers truly can be more of a headache at best to find legal representation. Another alternative is to contact friends, family or even business partners to inquire whom they are familiar or have worked with in the past. Understand if one is raving about a great attorney, but the attorney practices business law, this will not be the attorney for you. In essence, stress exactly what type of attorney you are seeking therefore narrowing your search tremendously.

You have narrowed your choices and realized the Internet search engines for a personal injury lawyer were helpful along with the insight from others.  Next step is to interview the perspective attorneys personally.  Have questions prepared in advance and do not be shy in asking about fees, turnaround time, and how available they are. Some questions may seem pointed but at any given moment, you can obtain information valuable to your case that you need to discuss with your attorney immediately.  With any lawsuit, time is of essence and one needs to make good use of it. So call us today or use the convenient chat box on the side of the page.

Adults and teenagers alike enjoy jumping into the Gulf, the ocean, or a swimming pool to cool off.  Instead of just jumping in feet first, however, it still amazes me how many people dive head first into a swimming pool or a murky lake, murky river, unclear swimming hole, or off a dock into the ocean or Gulf.

This is extremely dangerous. It is inviting a catastrophic diving accident, and turning a time of fun and frolic into a lifetime of disastrous consequences. Call a swimming pool accident lawyer, or diving accident lawyer, at the Harris Law Firm PA if you have questions.

NO ONE SHOULD DIVE HEAD FIRST INTO ANY SWIMMING POOL, LAKE, RIVER, SWIMMING HOLE, OCEAN (FROM A DOCK), OR GULF (FROM A DOCK).

Don’t Dive Into a Swimming Pool

The fact is no one should be diving into a residential swimming pool, swimming pool at a resort, or hotel pool , motel pool, or other non-Olympic style swimming pool.  These swimming pools simply do not have the depth required for safe diving.  The results of diving into such a shallow swimming pool (there should be a minimum of 20 feet in depth to clear the swimmer’s head and body), are often catastrophic, result in brain injury, spinal cord injury, paralysis, and quadriplegia.

In a recent case, thank God, disaster appears to have been avoided: Naples News: Boy Survives Pool Accident.

Don’t Dive from a Dock Into a Lake, River, Ocean, or the Gulf

You wouldn’t dive from your car roof into a parking lot pavement, would you?  Well, you are taking the same chance when diving head first into a lake, river, swimming hole, the ocean, or the Gulf.  It’s that simple.

These waters are not clear — they are most often murky.  There is no way to tell how deep the water is. Chances are, from a dock, the water is far more shallow that you might believe. Diving head first from a dock into a lake, river, the ocean, or the Gulf, may seem straightforward and safe — but the fact is you are diving into a shallow water and your head will hit that mucky, sandy bottom like diving into a concrete pavement.

The result is often deadly, as you literally break your neck (the doctors will call it fractured veterbrae), causing instant paralysis and drowning.  In the cases where you might survive, you will likely be beginning your new life with several catastrophic injuries, including brain injury and spinal cord injury (e.g. paralysis, quadriplegia).

A recent tragedy occurred when a young man recently dove from a dock in the Keys, striking his head on the ocean bottom, causing paralysis: Naples News: baseball player standout paralyzed after diving accident.

Bottom Line:  Unless you are out at sea, or at an Olympic-size diving pool (designed for diving), then don’t dive head first into any body of water.

• Pool Depth
• What is proper depth?  Because a lot of components need to be considered, including the height on the diving platform, the angle and direction of entry, and the weight and height of the diver, the best bet is not to dive head first into any body of water not designed for it.
• Pool Width — Side and Bottom Shape
• Most in-ground pools have a gradual slope to their base to allow to get a deeper end for diving. If a diver hits the head in the pool, it might be the pool width instead of the normal pool depth that was the contributing cause.
• Warnings and other visual elements
• Placing warnings all-around the swimming pool are a good idea; however, doing just this is often not enough.  Water’s optical properties naturally cause a diver to overestimate its level. Cloudy pool water, for example, from not enough upkeep, can magnify this impact.
• Poor lighting also contributes to diving mishaps

These are such sad cases, and so preventable.  As an experienced, principled, and dedicated personal injury law firm, we want  tragedy to be avoided, and safety to triumph.  Be Safe!

Car accidents produce a wide range of injuries, from minor to serious to catastrophic.  In fact, Americans are more likely to die in a motor vehicle accident that from any other cause, except some deadly diseases. If you have been seriously harmed in a car accident, then contact an experienced car accident lawyer Fort Myers Florida at the Harris Law Firm to help.

The National Highway Traffic Safety Administration (NHTSA) does not even called motor vehicle collisions “accidents” – because “accidents” refer to Acts of God.  Instead, motor vehicle accidents, such as auto accidents, motorcycle accidents, and truck accidents, do not occur unless someone is negligent.  Instead, NHTSA calls collisions involving cars or trucks “motor vehicle crashes.” But, many folks continue to refer to collisions as “accidents,” so we’ll follow that format in this post.

Some causes of auto accidents, motorcycle accidents, and truck accidents:

1. The negligent driver is talking on a cell phone instead of paying attention to the road and traffic conditions.
2. The negligent driver is texting while driving.
3. The negligent driver is using a computer navigation system instead of paying attention to the road and traffic conditions.
4. The negligent driver tuning the radio instead of paying attention to the road and traffic conditions.
5. The negligent driver has consumed alcohol or medications or drugs to the extent that his/her normal faculties are impaired.
6. The negligent driver is driving at excessive speed for road or traffic conditions.
7. The negligent driver engages in careles or reckless behavior because he/she is in a “hurry” and takes careless risks turning in front of traffic at an intersection to get to where he/she is going, or weaves in and out of traffic, or does not signal lane changes, causing a collision.
8. The negligent driver is eating or drinking or talking to a passenger instead of paying attention to the road and traffic conditions.
9. A truck driver has not gotten enough rest or is in a hurry to make a delvery, taking risks and causing a collision.

If you are the victim of an automobile accident, or motor vehicle collision, then you may be entitled compensation for the pain and suffering and loss of enjoyment of life associated with your physical injuries, mental injuries, property damage, lost wages, future lost earnings, medical bills, and future medical care costs. Contact an experienced auto accident lawyer Fort Myers Florida here at the Harris Law Firm, P.A.

Beware:  Insurance Adjusters

Almost immediately after an automobile accident, it is very common for an insurance adjuster to contact you regarding your injuries.  Keep in mind that insurance companies will try to pay you as little as possible for your injuries caused by the accident. They low-ball you on offers to reasonably and fairly compensate you; they may try to deny insurance coverage for the accident entirely.  You can be left with staggering medical bills, lost wages, lost of future earnings.

You May Need An Experienced Auto Accident Lawyer

If you or your loved one has suffered a serious or catastrophic injury, then you should strongly consider speaking to an attorney to investigate your case, evaluate your claims, negotiate with the insurance companies and willing to take your case to trial if necessary, instead of facing this on your own

From the Fort Myers News-Press, a Naples man was killed in a watercraft accident in the Gulf late last week.

The fatal watercraft accident occurred when the victim was being pulled in a tube by jet ski, when the tube crashed into a different jet ski.

So tragic, and so preventable.

Bad patients often make bad clients.  At least that’s my experience. This is probably because there are parallels between seeing a doctor and hiring a lawyer:

• No one wants to have to go to the doctor or hospital.  No one wants to have to hire a lawyer.
• If you have to see the doctor, something is probably not going well. If you have to hire a lawyer, something bad has happened.
• You don’t ask your doctor questions, so you don’t understand what he/she is doing or why.  You don’t ask your lawyer questions, so you remain confused by the legal jargon.
• If the patient feels as though he/she is smarter or wiser than the doctor and is therefore non-compliant, that same person will likely not listen as a lawyer’s client.

So I generally know, off the bat, that if the prospective client has been a particularly poor or disruptive patient, then chances are they will behave poorly for me, too. I refer these folks to someone else.

Medical Abbreviations Can Be a Window

As experienced personal injury attorney, I review lots and lots of medical records — thousands and thousands of pages — on a routine basis. That’s part of the job. Understanding medicine and medical terminology are very important parts of a trial attorney’s knowledge-base.

If you review lots and lots of medical records, then every now and then you find some hilarious medical shorthand that many folks don’t know about.  In today’s world, these missives fired at patients by some doctors in the chart are very rare, but are also rather funny if and when you find them.

ABITHAD – Another Blithering Idiot – Thinks He’s A Doctor.

AGMI – Ain’t Gonna Make It

ART – Assuming Room Temperature (recently deceased).

ATS – Acute Thespian Syndrome (the patient is faking illness)

ATSWWT – Always Thinks Something’s Wrong With Them.

FDGB – Fall Down Go Boom.

FFFFF – Fat, Female, Fertile, Forty and Flatulent

FTW – Friggin Train Wreck (patient with multiple problems).

GOK – God Only Knows.

GFPO – Good For Parts Only.

GOMER – Get Out of My Emergency Room

HONDA – Hypertensive, Obese, Non-compliant, Diabetic, Alcoholic

LOBNH – Lights On But Nobody Home

LOLINAD – Little Old Lady In No Acute Distress.

LOLTWO – Little Old Lady Totally Whacked Out.

MFC – Measure For Coffin.

O2T – Oxygen Thief.

PBBB – Pine Box By Bedside.

PJAR – Person Just Ain’t Right.

SALT – Same As Last Time.

TEETH – Tried Everything Else; Try Homeopathy.

TMB – Too Many Birthdays.

TOBAS – Take Out Back And Shoot.

TTGA – Told To Go Away.

UBI – “Unexplained Beer Injury”

UDI – “Unexplainable Drinking Injury”

WTDB (Pronounced “whiskey tango DB”) – White Trash Dufus

Adding to the tragic death toll in Manatee County on I-75, another fatal crash — suspected cause a tire blowout — occurred this weekend, according to the Herald Tribune.  According to reports, a pregnant woman and a teenage boy died in this fatal SUV crash on Interstate 75 in Ellenton.

This is the 4th time in as many months a tire blowout on I-75 has been blamed for a fatal crash.  See a previous post here: Tire Tread Separation Death I-75 Bradenton. Whether this tragic case is another instance of tire tread separation remains to be seen pending investigation.

Personal Injury Attorney

Fort Myers Florida Spinal Cord Injury Lawyer

As a personal injury lawyer and trial attorney, practicing since 1995 and clerking for prestigious trial law firms before that, attorney David Harris has handled personal injury cases ranging from moderate injuries to those causing traumatic injuries and death. Today, the Harris Law Firm focuses on the serious personal injury cases, including among them head injury, brain injury, and spinal cord injury.

If a family member or loved one was the victim of an accident that resulted in a head injury, brain injury, or spinal cord injury, Fort Myers, Florida based attorney David Harris can help you hold the responsible parties accountable.

Contact personal injury attorney David Harris for a free initial consultation to discuss your traumatic brain injury, TBI, head injury, or spinal cord injury.

If the victim of a severe head injury or brain injury survives, then that they are likely to have life-long challenges and require long-term care, whether at home with visiting nurses or at a long term care facility. Sadly, many victims of head injuries or brain injuries do not survive, resulting in a wrongful death claim. At the Harris Law Firm in Fort Myers, Florida we can help you recover the damages you deserve following a head injury, brain injury, or spinal cord injury when others’ negligence was the cause.

When an accident leads to a spinal cord injury, for example, major life changes can be inevitable.  For example, the spinal cord injury victim may be wheelchair-bound, which requires home modifications, visiting nurses, and lost work.  Family members will certainly provide support, but may not be equipped to provide the long-term rehabilitation needed to help the spinal cord injury victim lead a more fulfilling life.  Additionally, experimental treatments may be available, surgical involvement of stem cells may be needed. All of these changes are physically, mentally, and financial, taxing upon the accident injury victim and the family.

All of these changes place a heavy financial burden on the victim and their family. At our firm, we can help you obtain the compensation you require to cope with these new complications in your life. We will review the facts surrounding your accident, consult experts as needed to determine the extent of your injuries, and evaluate the merits of the potential claim.

We then work hard, and quickly, to reach settlement with the negligent parties and their insurance companies.  If necessary, we promptly litigate your spinal cord injury claim, or head injury case.

Insurance companies may try to force you to accept a cheap settlement before you have a chance to learn more about your legal rights. Do not allow them to push you around. Insurance companies are not your friends when you have been hurt. Let attorney David Harris negotiate and fight on your behalf with the insurance companies.

For more information or to schedule an appointment with an experienced personal injury attorney regarding a head injury, brain injury, or spinal cord injury case, then please contact the Harris Law Firm.

According to the News Press, a pool construction accident claimed the life of a concrete worker died in Belle Lago near Estero Parkway in San Carlos Park.  The report says that the worker  falling onto a piece of machinery during construction of a pool and suffering catastrophic leg injuries.  These severe personal injuries resulted in death.

The machinery involved was an auger, a rotating element similar large drill bit, which is often attached to a tractor or similar heavy mobile equipment.

According to the report, the man fell on the auger itself.  OSHA is investigating the fatal accident.

In my experience, too many attorneys just don’t have a good sense of humor, or in other instances, have an extremely hard time relating to the real world (i.e. removing the lawyer hat).  Why is this?  No real answer, yet.  But many are so incredibly uptight.  It’s ashame.

When my clients or friends bring this to my attention again and again, I know where they are coming from and what they mean.

Perhaps because my worldview includes the humorous –  I find humor in just about everything — I consider myself an outsider.  There are certainly other attorneys whom I know who are wicked-funny, but most I know are simply . . . well . . . not.

Yes, yes, of course there are topics or circumstances which are simply without any funny value and are instead filled with sadness, loss, tragedy, etc.  Absolutely. No question about this.  That is, however, not what this post is about.  So let’s throw all of those unfunny things out the window right now for purposes of this post.

Here are some samples (audio only) — which often fill the thought bubbles of my mind when I encounter various topics, conversations, and life experiences.  Perhaps it is a prism through which I view much of the environment and life which surrounds me (and, of course, that which is beyond my immediate surroundings).

Enjoy!

Yes, very heavy on the Stooges, but they say so much by saying so little. Any way, as I come across more, I’ll add them in other posts.

Part of the bottom line is: God does have sense of humor. Don’t sweat the small stuff.

The loss of a child is the wound which never heals.  Families can be, and often are, destroyed by the loss of a child.

Wrongful Death of Child

Unquestionably the greatest loss of all – one that is truly inconsolable – is the death of a child. Parents’ grief never ends. This sense of loss permeates everything and tragically, will always leave emptiness and a hole in the parents’ hearts.  Comforting your child, playing silly games and making them laugh. Gone.

We have to have faith and hope that this Gift from God, this beautiful child whom we believed to have such promise and hope has been reborn to a Caring and Loving God in whom we trust.

Florida Wrongful Death Claim for Loss of Child

The civil justice system, for all its brilliance in design and concept, is the most limited here. For a parent to seek justice on behalf of their most cherished, innocent, and blessed gift, who was taken away before his/her time, and prevented from pursuing his/her hopes, dreams, and life, is perhaps one of the greatest challenges of in life, let alone the law.

There is nothing within the law that can ever fully and completely compensate for the untimely loss of a loved one. We cannot bring back those lost opportunities, the last chance to say “I Love You,” those last words which you hoped to exchange together before departing.

Instead, “wrongful death” under Florida law only provides an opportunity to stabilize and secure your financial future — the financial future you may likely have had, but for the wrongful death caused by another’s negligence.

Parents in Florida can pursue those who are responsible for this greatest of all harms, including those at fault in an accident, product manufacturers, professionals, or other negligent persons or companies.

Wrongful Death Damages

In wrongful death cases involving an adult, determining financial losses is fairly straightforward, as wages or salary and benefits can be calculated over what would have been the victim’s normal lifetime or life expectancy.  Wrongful death cases involving children, however, present more challenges.  Aside from the purely devastating nature of the loss, determining the amount of economic damages can be difficult.

• The jury may consider what the child would have contributed to the parents’ support, but the amount is often hard to determine.
• Financial loss for a child’s death is determined by the age, life expectancy, health and habits of the child. If the child was in school, then the child’s grades and teacher notes about the child’s behavior and eagerness to learn may be evaluated.
• The child’s earning potential and work expectancy are also considered when determining financial loss.
• Medical or funeral expenses that resulted from the child’s injury or death may also be recovered by the surviving family member who paid these costs.
• The parent of a deceased minor child may recover damages for mental pain and suffering from the date of injury.

Nothing we do as a lawyers will ease your pain. Nothing we do as your wrongful death attorneys will provide the comfort and peace that your child provided you with warmth and unconditional love. All we can do is bring some measure of hope that what has happened to your family not happen to others, hold the wrong accountable for the misconduct, and seek to achieve the most our civil justice system has to offer.  This does provide some purpose, some principle, to honor the most precious and vulnerable among us.

We Are Here to Help Parents

For dedication and experience, contact our personal injury law firm.  We proudly serve deserving clients and their families who are seeking to overcome the challenges of serious personal injury and wrongful death throughout Florida.

We’re also proud to serve our neighbors throughout Southwest Florida, including those in Arcadia, Avon Park, Bonita Springs, Bradenton, Cape Coral, Charlotte County, Clewiston, Collier County, Desoto County, Englewood, Felda, Fort Myers, Ft. Myers, Glades County, Golden Gate, Hardee County, Hendry County, Highlands County, Immokalee, La Belle, Labelle, Lake Placid, Lee County, Lehigh, Lehigh Acres, Manatee County, Moore Haven, Naples, Nokomis, North Port, Osprey, Palmdale, Port Charlotte, Punta Gorda, Sarasota, Sebring, Venice, Wauchula, Zolfo Springs.

We provide aggressive, prompt, and ethical advocacy on behalf of families who have lost a child in an accident, because of a defective product, serious medical error, or other form of child wrongful death.

Call upon us today.

At our Fort Myers law office, we are committed to aggressive representation of the rights of individuals injured by a drunk driver in a drunk driving accident.

These types of motor vehicle accidents are very serious and may have criminal consequences for the drunk driver, in addition to the civil liability they face for the injuries they caused.  We represent the seriously injured and their families where an individual has been killed in a drunk driving accident, resulting in a personal injury or wrongful death lawsuit.

Florida Drunk Driver Accident Lawyers | We Sue Drunk Drivers in Florida

Compensation for Drunk Driving Injury Victims

When a driver, motorcyclist, or pedestrian is injured or killed by a drunk driver, the family of the injured or killed victim is changed forever in ways that only known by those who have suffered in much the same way.

Our criminal justice system  deals with the DUI driver while our firm seeks to take care of the victims and families changed forever by a senseless, selfish act.  We cannot turn back the clock; however, we can work toward providing financial security and stability where it may otherwise be lost.

Unfortunately, we have seen the terrible aftermath of a drunk driving injury:  fatality, brain injury, spinal cord injury, head injury, catastrophic injury, and other serious harms and losses.

Compensation in a Drunk Driving Accident

While some may have some sympathy for a driver who is momentarily distracted and kills or injures someone, it is hard to feel sorry for a person driving under the influence of alcohol or drugs.  At the Harris Law Firm, we go after drunk drivers in our civil justice system, prosecuting them in the civil court for money damages to help make up for the harms and losses they have wrought upon your family.

Collecting compensation in an Florida drunk driving injury or death can be problematic, but we aggressively pursue every avenue:

• The driver can be sued for negligence if they have insurance, and if they have enough insurance.
• Your own Uninsured Motorist (UM) policy may also provide compensation.
• In rare circumstances in Florida, you may be able to sue a bar, restaurant, liquor store or other establishment under the Dram Shop Act for providing alcohol to an already intoxicated person.  Keep in mind, however, that although Dram Shop laws were established hundreds of years ago to protect individuals against bars and restaurants from serving intoxicated individuals (to prevent these impaired individuals from going out and harming others), Florida’s Dram Shop law actually serves as a form of immunity and amnesty to bars and restaurants (preventing them in many cases from being held liable for their misconduct — CONTACT YOUR STATE REPRESENTATIVE AND STATE SENATOR TO REPEAL OR AMEND THIS LAW).
• Under Florida’s social host law, the host of a party or other person who provided alcohol to an obviously intoxicated person can also be liable for damages.

David Harris’ experience in auto accidents, motorcycle accidents, vehicle crashes, and DUI accidents, can be invaluable in examining police reports and other evidence in alcohol-related accidents. Contact a Florida drunk driving injury attorney who will hold the negligent driver accountable. We offer a free consultation and case evaluation.

A serious personal injury can change your life. If you’re reading our personal injury lawyer blog because a serious accident or personal injury has disrupted your normal life, then we hope you will find information here that can help you.  We do have other websites with comprehensive information to help you on your journey.

Accident injuries are certainly painful, but your experience becomes more stressed when you’re fighting alone.  Do you want, or feel you need, an experienced personal injury attorney on your side to deal with huge insurance companies that do everything possible to delay paying your claim? Or denying it altogether?

That’s where my law firm steps in. After you’ve had time to “shop around,” we’re confident you will, in the end, turn to us. We are routinely consulted and retained by people who hired a large law firm, only to find that the the law firm was unresponsive, kept the client in the dark, and ultimately failed to deliver on its promises.

At the Harris Law Firm, P.A., we listen to your concerns and quickly identify how you might be able to solve your problems through the legal system.  Then we start working on your case immediately. Contact us to speak to an experienced, dedicated, and caring personal injury attorney right away.  It’s convenient — you can use the contact form on the side panel, call us, or online chat with us (online chat is on the side panel, too).

Why Not Contact Personal Injury Attorneys Florida Residents Turn to in their Time of Need?

Unfortunately, many people simply hire the first lawyer they see on television or the lawyer with the biggest phone book advertisement without checking his or her background. At our office, we believe knowledge is power. Before you hire an attorney to handle your injury case, you should ask questions about education and experience — and importantly — who will handle your case. Hire the attorney only if you’re satisfied you’ve gotten honest and direct answers to your questions.

Compare Education, Training, and Experience to Other Injury Lawyers

I’m attorney David Harris, and I have been practicing trial law since 1995 (and clerked for trial lawyers before that). After reviewing my credentials on the “About” page here on the site, I’m sure you’ll agree that my experience speaks for itself.

I Prove Personal Attention and Service to Each Client

Importantly, I set myself apart from other law firms by promptly returning phone calls, moving my clients’ cases forward as quickly as possible, and providing each client with personal attention and service. I handle your important case from beginning to end.

How do I do this?

I accept only valid and legitimate personal injury cases, ranging from auto accidents, car accidents, motorcycle accidents, trucking accidents, premises liability, medical negligence, and defective products.  Because I represent good, decent people who have employment history, and have suffered permanent injury because of others’ negligence, I do not accept every case. My clients and I choose each other.

Compare this policy to other law firms, which sometimes seem to scramble to accept every case — no matter how bizarre the claim may be — usually to pay for their large law firm bureaucracy. Not me. Not here.

How Our Office Works for You – 20+ Ways Right Here

How will my office handle your serious personal injury case? This list doesn’t cover everything, but it will give you a sense of how we can work together to seek the best result for your case.

Our Pledges to You

1. We don’t collect a fee unless your case settles or we win at trial
2. Our firm does not accept or receive more money than our client in a personal injury claim or wrongful death claim.
3. We provide an initial consultation, free of charge.
4. You can meet with an attorney for free to discuss your legal options for your claim.
5. Your attorney will investigate your case by obtaining police reports, interviewing witnesses, using our investigator, and gathering medical records.
6. I am available to discuss the progress of your case — including after normal business hours and on weekends.
7. We have our doctor/surgeon review your medical records to ensure comprehensive review of the details.
8. We will contact you regularly to get an update on your medical treatment.
9. You will remain involved in your case.
10. If you don’t have a doctor, we can provide you with the names of respected medical providers who can help you recover from your injuries.
11. We will perform legal research to strengthen your case.
12. We will notify all insurance adjusters of your claim through letters of representation. This ensures that you will not be bothered anymore by the at-fault party’s insurance company.
13. After compiling all medical bills and records, we will send a letter to the at-fault party’s insurance company that details your injuries and demands fair compensation. The demand letter will include an impact statement on how the injury has affected your life.
14. Your attorney will negotiate your settlement with the insurance company to ensure maximum recovery.
15. Our office will negotiate with your medical providers to reduce the amount of money you have to pay for your medical bills.
16. Your attorney will keep you updated about any offers that are made to settle your case.
17. At the end of your case, you will be provided with a full explanation of all case expenses, medical expenses, and legal fees so you can see exactly how much money you’ll receive from a settlement or jury verdict.
18. At your direction, we will use a portion of your settlement or jury award to pay outstanding medical bills.
19. If a settlement cannot be reached, your attorney will consult with you about whether a lawsuit is the next step you want to take.
20. Your attorney will help you prepare for your deposition.
21. Your attorney will conduct depositions of defendant and key witnesses as needed.
22. Your attorney will consult with you to prepare your case for trial.
23. Your attorney will be at your side during the trial, protecting your rights and fighting for fair compensation.
24. After your case is completed, we like to stay in touch by sending you our regular newsletter.
25. Free special reports will be available to you on subjects such as vehicle accident injuries, wrongful death, slip and fall, burn injury, child injury, and other types of claims.  Keep in mind some of these materials are still works in progress.

Contact Us Today

If you have suffered a serious personal injury, or lost a family member to wrongful death, as the result of a serious auto accident, car accident, motorcycle accident, trucking accident, or other incident caused by others’ negligence or wrongdoing, then contact us today.

Fort Myers Accident Lawyer David Harris Warns Florida Motorists About Uninsured Motorists

As a highly-experienced accident attorney in Fort Myers, Florida, serving families throughout Southwest Florida in serious auto accidents, motorcycle accidents, and trucking accidents, I know there has been an increase in uninsured and under-insured motorists on Florida’s roads as the result on increasing unemployment and the poor economy. In Florida, according to the insurance industry, there are as many as an estimated 30% uninsured and underinsured drivers among our motorists.  This is a staggering figure.

An uninsured driver carries no auto insurance at all, while underinsured motorists carry the minimum required collision damage and no bodily injury liability insurance.

The bottom line:  a high number of today’s motorists are uninsured or underinsured.  I cannot tell you how many times, after reviewing, evaluating and handling thousands of accident cases, seriously injured people — good, decent, hardworking people who have suffered permanent injury in a car accident, motorcycle accident, truck accident, or other traffic crash — had little, if any, available remedy or recourse because the negligent driver was uninsured, and more often, under-insured (carrying minimum bodily injury liability limits of $10,000 or $20,000).  PROTECT YOURSELF!

If you have plenty of UM insurance coverage, then being the victim of an uninsured motorist or under-insured motorist will not ruin you financially.  Why? Because UM coverage through your own insurance company protects you — UM stands in the shoes of the negligent driver and pays you the money compensation the at-fault driver doesn’t have.

TIPS

1. Get UM coverage now.
2. Go to your insurance agent or broker today, tomorrow — soon — and DEMAND — don’t ask — DEMAND — uninsured motorist insurance coverage in minimum amount of $100,000 (and I recommend more — a minimum of $250,000 in my view).
3. Make sure your UM is STACKED.  Don’t let the insurance agent or broker weasel you out of this if you have 2 or more vehicles.
4. Stacked UM coverage means that your available UM coverage is multiplied by the number of covered vehicles ($ UM coverage amount X # of cars = $ total available coverage).
5. For example, if you purchase $100,000 in UM coverage (which means if you’re injured by an uninsured driver or under-insured driver, your own insurance company will pay you up to $100,000 for your injuries), and you have 2 covered vehicles, and you stacked your UM, then your UM coverage is doubled. In other words, you now have $200,000 coverage for that same serious auto accident caused by an uninsured driver.

Because I have worn the hats as a Florida auto accident attorney and Florida motorcycle accident lawyer, I know that even if a motorist has liability insurance, far too often it is a minimal amount.  In other words, the other driver is “under-insured.”  This occurs when a person who caused an auto accident has minimal insurance limits, often not high enough to fully compensate for the losses they caused to another motorist or motorcyclist.

Typical insurance coverage provides for only $10,000 in losses.  Medical costs for a serious auto accident or injured motorcyclist who is involved in a Florida motorcycle accident can be very high — exceeding $50,000 or even $100,000.

As an experienced auto accident lawyer and motorcycle accident lawyer, I work to bring my clients the best settlements possible in a timely and efficient manner.  I handle only valid personal injury and accident claims involvement permanent injury, which limits my caseload, so I can provide each client with personal attention and service.

Call an experienced Florida personal injury attorney at my law firm today to serve you.

Because clients who have suffered serious personal injury often ask to explain the basics of Florida auto insurance coverage, I outline the basics for you here, including bodily injury coverage, PIP, UM, and med pay.

Florida law does not require you to buy any insurance except PIP and PDL, but other insurance products can offer increased protection. In fact, to protect their interest in your vehicle, your lender can require you to carry comprehensive and collision coverage until your loan is paid off. The most common types of additional insurance include:

Bodily Injury Liability

This coverage pays for death or serious and permanent injury to others when you are legally liable for an accident involving your automobile. Your insurance company will pay for injuries up to the limits of your policy and provide legal representation if you get sued. Your policy may also cover others who drive your automobile with your permission, and it may cover you or others named in the policy if operating someone else’s vehicle.

Collision

This coverage pays for repair or replacement of your vehicle if it collides with another vehicle, flips over or crashes into an object, regardless of who causes the accident. It does not cover injuries to people or damage to property other than your covered automobile.

Comprehensive

This coverage pays for losses from incidents other than a collision, such as fire, theft, windstorm, vandalism or flood. It also covers damages caused by falling objects or hitting an animal.

Your insurance company will not charge you a deductible for windshield replacement under comprehensive coverage. Florida law requires this waiver to encourage drivers to replace cracked or broken windshields immediately to avoid a major driving hazard.

Uninsured Motorist | Underinsured Motorist | UM

This coverage pays for bodily injuries to you, your family members and any other person occupying your covered automobile, should they be caused by the negligence of an uninsured or underinsured motorist. The following are examples in which UM coverage may apply:

• If the at-fault party has no liability insurance
• If the at-fault party has inadequate liability coverage or
• If injuries result from a hit-and-run vehicle

UM pays for medical expenses and lost wages (after your PIP coverage is exhausted) that you and your passengers may incur. This coverage also includes payment for pain and suffering if you have a permanent injury or death. Uninsured motorist insurance comes in stackable and nonstackable coverage. Companies must offer stackable coverage, but may or may not offer a nonstackable option.

Stackable UM

Stackable coverage means that you may combine the coverage limits for each automobile insured under your policy. For example, you may insure three autos and obtain stackable coverage with limits of $10,000 per person and $20,000 per accident for each auto (known as 10/20 limits).

Your stackable, or combined, coverage will total $30,000 per person and $60,000 per accident (see example). If these policies were nonstackable, then the limit of coverage for each vehicle would be $10,000 per person and $20,000 per accident. Insurance companies may offer nonstackable coverage at a reduced cost, since they will only pay the maximum amount allowed for one insured automobile.

Example:

Three automobiles insured with stackable coverage:

$10,000 x 3 = $30,000 per person

$20,000 x 3 = $60,000 per accident

Medical Payments | MedPay

This coverage pays for medical expenses for accidental injury up to the limit of your policy. It covers your medical expenses, plus those of your family members or passengers, regardless of fault (unlike bodily injury liability insurance). It applies whether you are in your automobile or someone else’s, or if you are hit by an automobile while walking or bicycling.

Since PIP covers only 80 percent of medical expenses, medical payments insurance could cover the remaining 20 percent, and possibly the PIP deductible, depending on the policy provisions. Medical payments will also cover the amount in excess of the PIP limit, up to the limit specified in the policy.

In the event of a auto accident injury settlement, however, MedPay may have to be paid back whatever it paid on your behalf.

Towing

You may add towing and road service to your auto insurance. But your insurance company may cancel your policy for too many towing claims, even if you have no accidents.

Rental Reimbursement

You may receive reimbursement for auto rental up to a specified limit, which is contained in your policy. It applies if you get into an accident with your own automobile and can no longer drive it.

If another driver causes an accident, the at fault party’s liability coverage may reimburse you for renting a vehicle similar to your own. However, the other party’s insurance company might have a maximum amount per day that it will pay. In most cases you must buy collision coverage before you can buy rental reimbursement.

Contact Us If You Have Been in an Auto Accident

If you have been injured in an auto accident, motorcycle accident, or trucking accident, then contact an experienced personal injury lawyer at the Harris Law Firm, P.A. today to review your circumstances.

As an experienced auto accident lawyer, I hear questions like this one quite a bit:  “My Child was in an auto accident, and I don’t know what to do.”  An experienced Florida personal injury lawyer will likely respond with some questions of his own:

If your child is a minor, meaning under the age of 18, and residing with you, then know that your son or daughter will make a claim through you, the parent. A claim such as this typically proceeds under the heading of “John Does, as Parent and Natural Guardian of Jane Doe, a minor,” and you will make decisions on behalf of the minor child.  If you take any actions which are adverse to the child, then you could be removed by the court as guardian and substituted by a legal guardian in your place.

Most personal injury settlements involving a minor child of any significance must be approved by the Court, even if a fair settlement is reached without a lawsuit. I have plenty of experience in this regard.

So, how do we achieve an accident settlement to cover your child’s injury?  That, of course, depends on the facts of the case.  Here are some questions your child and you as parent will be asked by an experienced auto accident attorney Florida (including me):

1. How old is your child?
2. Was your child a driver or passenger?
3. Where did the auto accident occur?
4. When did the auto accident occur?
5. How did this car accident occur? Describe exactly what happened.
6. Describe the weather conditions at the time of the car crash
7. At the time of the auto accident, where was your child going? (e.g. school, work, home, friend’s house, etc.).
8. Who is your auto insurance company? Bring in your insurance Declarations page (this will show us the types of coverage you have).
9. Did police arrive at the scene?  Was a traffic crash report prepared?
10. Was your child injured? If so, what kind of personal injury?
11. What was the extent of the property damage to the vehicles involved in the traffic crash?
12. Were there any witnesses who actually saw the traffic crash? Did law enforcement obtain that information?
13. Was your child transported from the scene by EMS?
14. Did your child go to the hospital or receive medical treatment from any doctor?
15. What is your child’s current medical status?

If you believe that your child’s injury  caused by the negligence of a another driver, then contact us today.  Gathering evidence — including photographs of property, the accident scene, and serious injuries — can be pivotal in proving a serious auto accident injury claim.

At the Harris Law Firm, P.A., we represent personal injury accident victims who have been seriously harmed in auto accidents throughout Southwest Florida, including (alphabetical order): Alva, Arcadia, Avon Park, Bonita Springs, Bradenton, Cape Coral, Charlotte County, Clewiston, Collier County, DeSoto County, Englewood, Felda, Fort Myers, Ft. Myers (people continue to misspell Ft. Meyers), Glades County, Golden Gate, Hardee County, Hendry County, Highlands County, Immokalee, La Belle (some say Labelle), Lake Placid, Lee County, Lehigh, Lehigh Acres, Manatee County, Moore Haven, Naples, Nokomis, North Port, Osprey, Palmdale, Port Charlotte, Punta Gorda, Sarasota, Sebring, Venice, Wauchula, Zolfo Springs.

We pursue claims on behalf of minor children injured by the negligence of others in auto accidents, car accidents, SUV accidents, and other types of vehicle crashes involving serious personal injuries or wrongful death.

Bumps and bruises heal and are not, in our view, worthy of a claim.  We only handle legitimate and valid personal injury claims, which means we get to spend more time with your claim and moving it forward quickly.

Because we only handle valid personal injury claims with objective injuries, we can ensure personal service and attention to each client’s personal injury claim and each family’s wrongful death claim.

If you want this type of personal service for yourself and your family, and do not want to get lost in a large law firm bureaucracy, then contact us today.

Posing a question like this is fairly common to experienced personal injury attorneys.  An experienced Florida personal injury lawyer will likely respond with some questions of his own:

1. Where did the slip and fall accident occur?
2. When did the slip and fall injury occur?
3. How did you slip and fall? Describe exactly what happened.
4. What do you believe caused your slip and fall? Describe the conditions where you fell.
5. At the time of the slip and fall accident, what were you doing (e.g. were you stationery, walking, etc.; where were you looking at the time of the fall accident?)
6. Were you injured? If so, what kind of personal injury did you sustain?
7. Was an incident report prepared by the store manager store’s assistant manager?
8. Were there any witnesses who actually saw the incident? Did they provide any statement to the store manager or assistant store manager?
9. Were you transported from the scene by EMS?
10. Did you go to the hospital or receive medical treatment from any doctor?

Some people believe that because they fell in a store that they automatically have a claim.  This is simply not so.  The slip and fall accident victim must prove that the store knew or should have known of the hazardous condition which caused the fall, or otherwise acted negligently causing the fall, in order to be liable for damages.

If you believe that your fall accident was caused by the negligence of a store, property manager, or property owner, then contact us today.  Gathering evidence — including photographs of serious injuries and the scene — can be important in proving a serious slip and fall accident claim.

At the Harris Law Firm, P.A., we represent personal injury accident victims who have been seriously harmed in slip and fall accidents throughout Southwest Florida, including (alphabetical order): Alva, Arcadia, Avon Park, Bonita Springs, Bradenton, Cape Coral, Charlotte County, Clewiston, Collier County, DeSoto County, Englewood, Felda, Fort Myers, Ft. Myers (people continue to misspell Ft. Meyers), Glades County, Golden Gate, Hardee County, Hendry County, Highlands County, Immokalee, La Belle (some say Labelle), Lake Placid, Lee County, Lehigh, Lehigh Acres, Manatee County, Moore Haven, Naples, Nokomis, North Port, Osprey, Palmdale, Port Charlotte, Punta Gorda, Sarasota, Sebring, Venice, Wauchula, Zolfo Springs.

Admittedly, we pursue only slip and fall accident cases which involve serious personal injuries.  Bumps and bruises heal and are not, in our view, worthy of a claim.  We only handle legitimate and valid personal injury claims. Of benefit to our personal injury clients, we limit the number of personal injury and wrongful death clients we accept to ensure personal service and attention to each client and his or her personal injury claim. If you want this type of personal service, and not getting lost in a large law firm bureaucracy, then contact us today.

Many personal injury lawyers who advertise suggest that immediately after an accident, whether it is an auto accident, trucking accident, motorcycle accident, or other vehicle accident, suggest the injury victim start the investigation right then and there.

There may be a problem with this belief.  If you’re really hurt, how do you start taking witness information and snapping pictures?  Ultimately, taking such actions can be harmful to the claim.  The perception — whether it’s right or wrong — is going to be that a seriously hurt individual in an auto accident is probably going to the hospital by EMS, and not standing around acting like a detective gathering evidence.

Think about it.  Dishing out suggestions that do not take into account that perception, even when it’s dead wrong, can play a big role for those who defend personal injury claims.  Defense attorneys and insurance adjusters are often looking for reasons to deny a valid auto accident injury claim, or are certainly seeking to minimize the amount of compensation paid to the legitimate personal injury claimant.  If they can hang their hat on perception — that is, how something appears rather than how it actually is — then they’re going to do it.

So be careful about what you read and listen to, without thinking about it and using common sense.  Otherwise, you might end up with:

At the Harris Law Firm, and as an experienced trial attorney and injury lawyer, I help those victims who have suffered personal injury in serious accident injuries, such as auto accidents, trucking accidents, slip and fall accidents, and motorcycle accidents.  I only handle legitimate claims, and have no interest in pursuing claims without merit or on behalf of those who exaggerate their injuries in an effort to generate larger compensation.

Because of my legal experience, as well as my morals and highest ethics, I use common sense in determining whether a prospective client has a serious, legitimate, personal injury caused by the negligence of others.  If so, then I am here to help.  Call me.

We have been hearing more and more about a plastic surgery procedure called the “Lifestyle Lift” or “Lunchtime Lift.”  The idea is that this plastic surgery procedure can provide a facelift in about an hour.

Most plastic surgeons who dedicate their craft to facelift procedures usually take several hours to complete what is a complicated and delicate procedure.  A facelift surgery is not just pulling and stretching skin, but instead, involves tightening, anchoring, and suturing the underlying facial muscles.  Can a lunchtime lift or lifestyle lift do all of this in about an hour?

Contact us if you have undergone a lifestyle lift or lunchtime lift surgery and suffered from medical malpractice, or been the victim of false claims regarding the procedure.

Should Supreme Court Justices Have Private Practice and Trial Court Experience?

Every time a vacancy occurs at the United States Supreme Court, I wonder aloud whether the next nominee has any trial experience.  Civil trials (plaintiff or defense) or criminal trials (prosecution or defense).  Anything.

Similarly, experience in private practice (meaning, representing private citizens as clients) and trial practice are keys to understanding how the justice system works – how it functions, day-to-day.

Why is this important? The Supreme Court proposes Rules of Procedure, Evidence, and Codes of Conduct.  It rules on pressing trial-level issues of the day that affect, in form and substance, how cases at the trial level are going to be decided.  Paper law is different from trial law.

So I think it is perfectly reasonable for the U.S. Senate, in the confirmation process, to vet would-be-justices on whether they have any real-world experience – in the trenches — of justice system they are going to be running.

So today, now that Elena Kagan is being questioned as the nominee to be the next Supreme Court justice, I ask you:  shouldn’t we demand more from someone to serve on the US Supreme Court?  Good grades and writing lofty papers as a government lawyer, or even as dean of a law school, in my view, just does not cut it.  Lack of real world, private practice and jury trial experience should disqualify lawyers from being judges on our state and federal benches and justices to our nation’s highest court.

The Justices

The official SCOTUS Justices’ Biographies confirm that none of the justices, save Justice Stevens and Alito, ever tried a case.

• Justice Antonin Scalia has never been in private practice.  Prior to becoming an appeals judge and then-justice, Justice Scalia was employed exclusively by the federal government at various agencies.  Notably, Justice Scalia has opined several times that SCOTUS should have justices from private practice (notably, he never opines about trying jury trials).  This, however, seems to be more of “do as I say, not as I do.”

• Justice Ruth Bader Ginsburg was a law professor and then a government attorney.  I understand she also handled some public interest law matters, but was never in private practice. My quick research indicates no trial court experience.

• Justice Clarence Thomas, has never been in private practice.  He, too, was employed exclusively by the federal government before first taking the bench. No jury trials so far as I know.
  

• Justice Anthony Kennedy was a law professor and federal agency attorney.  Again, no trial private practice or trial court experience.

• Justice Samuel Alito was an Assistant U.S. Attorney.  I would think that he would have prosecuted criminal cases, but another blogger says otherwise.  Nevertheless, he has always been a federal employee.

• Justice John Paul Stevens may have had some civil jury trial experience – but that was a very long time ago – 1960s before becoming an appeals judge in 1970. He’s retiring at the end of this term (which was yesterday).

• Justice Stephen Breyer was a law professor and government attorney.  No trials.  No private practice.

• Recently retired Justice David Souter may have had some criminal court experience. But consider his biography news accounts — a virtual hermit, shunning computers, the internet, relationships, and living in a shack in New Hampshire.  Some folks might consider this very alarming behavior.

• Justice Sonia_Sotomayor?  Well my brief research indicates that she was an Assistant D.A. in New York and was in private practice for a short time before becoming a trial judge.  What she did for the D.A. or in private practice are not known to me.

Any Experienced Trial Lawyers Out There? We’re Needed on Our Supreme Court

So much for the real world of law and justice? Regardless of political party or judicial philosophy, shouldn’t a lawyer seated on the nation’s highest court know what it is like to represent a private citizen in a lawsuit?  And/or defend someone accused of a crime?  And/or engage in the civil litigation process, including drafting motions and then arguing those motions in court before a trial judge?  Wouldn’t that breadth and depth of experience assist the justice-to-be in formulating rules of evidence and procedure that we ultimately all live by?

Consider, 20% of our Bill of Rights are dedicated to the right to jury trials (6th Amendment: criminal jury trials; 7th Amendment: civil jury trials). Because maybe one or two of our current SCOTUS justices had the slightest jury trial experience, it is no wonder that our rights to jury trials has been under relentless and steady sttack for the better part of 30 years.

Shouldn’t private practice experience and trial experience be big factors to consider? I’m not alone, as some commentators have at least identified the need for SCOTUS justices to have actual trial experience: Need for Some Trial Court Experience. What are your thoughts?

The laws in Florida setting forth your rights and obligations after an auto accident are complex. If you are concerned about your legal rights, then contact my law firm to discuss your auto accident case BEFORE you talk with a claims adjuster from the insurance company of the person at fault.

These insurance adjusters have only one goal:  save their insurance company as much money as possible.  Insurance adjusters are specifically trained and are skilled at asking questions in such a way as to minimize your recovery.

Giving a recorded statement or signing the wrong papers without seeking advice from an experienced accident lawyer could literally you are giving away valuable legal rights — and significant money damages you are eligible to receive for your serious personal injury.

If you, or someone you care about, has been injured in a local auto accident, then contact me for case evaluation by completing our online consultation form (you can cut and paste your description of the incident right in the box) or call us to discuss any questions you may have about your rights after an auto accident.

Frequently Asked Questions Regarding Florida Auto Accident Cases

What can I do to protect my interests after a Florida auto accident?

1. You should report the accident immediately to the police; if you are not physically able to do so because of serious personal injury, then a family member or friend can make the call and initiate the investigation
2. All witnesses to the accident should be identified by name, address and telephone number. Take photos or videos of the scene and vehicles from as many angles as possible. Photographs showing the damage to your vehicle can be invaluable in assisting us in maximizing your recovery.
3. If you require medical treatment, be clear and accurate in what you say about how the accident happened. Also, be sure to give your doctor a complete, accurate and truthful description of how the accident happened, what problems you are having as a result of the accident, and make sure to tell your doctor about all prior similar injuries you may have had.
4. You have a duty in Florida to be cooperative with your own insurance company.
5. You do not, have any obligation to cooperate or give a recorded statement to the other driver’s insurance company.
6. If you have suffered lacerations, burns or bruising, take photographs of your injuries, reflecting the injury and any bandages or braces that may have been placed. Such photographs will become invaluable in establishing your injuries after your injuries have healed.
7. Gather all automobile insurance policies in your household for evaluation by an experienced attorney to determine the full extent of insurance available to you.

What are the typical issues that I will face in making a claim for my injuries?

A claim made against another driver or vehicle owner is called a “tort claim.” It is usually based upon the concept of carelessness or negligence, although it can also be based upon an intentional or reckless act. The person who is at fault for causing the accident is referred to as the “tortfeasor” or “defendant.”

Attorneys and insurance adjusters know that the three categories of issues that typically arise in a tort claim after an automobile accident are the following:

• Liability
• Damages
• Insurance Coverage

Liability refers to the question of who is at fault and to what degree. Florida is a comparative fault state, meaning that your recovery can be reduced by the percent of your own comparative fault. The negligent driver’s insurance company — representing the person who caused the accident —  wants to minimize or eliminate the fault of its driver and maximize your degree of comparative fault.

Damages refers to the injuries or losses that were caused by the auto accident.  Damages include past medical bills, future medical bills that you are reasonably certain to incur, past lost wages, future loss of earning capacity, and past and future amounts for the pain, mental suffering, loss of enjoyment of life, and other elements of damages.

Insurance coverage is frequently not as simple a determination. Often there are disputes over which of several insurance policies are responsible for paying your damages. There are also efforts by the insurance companies to deny or defeat coverage.

Where uninsured or underinsured motorist coverage (UM) is involved, there are multiple issues that must be resolved — and done properly — to protect your rights and ensure maximum damages compensation. Insurance coverage can be a very difficult road to navigate, and it is best to hire an experienced accident attorney.

How is my attorney paid? What if I can’t afford a attorney?

At the Harris Law Firm, P.A., we handle personal injury cases on what is called a “contingency fee” basis.

This means that no fees are charged unless we collect money damages for you. All of your personal injury consultations with our office are absolutely free. When you receive compensation, meaning we have successfully concluded your case, either by settlement or litigation, our fees are a percentage of the gross settlement.

How long will my case take?

The answer to this question typically depends on the case as well as your needs.  Typically, after a serious auto accident, the client will be obtaining medical treatment, physical therapy, and so on.  As the end of this treatment starts approaching (as decided by your doctors), your treating doctor will often indicate his or her findings regarding your injuries, including diagnoses and your future health (prognosis).  This allows everyone — you, me, the negligent driver’s insurance company — have a better understanding on what your future medical condition and expenses or losses.

Typically, the average auto accident claim can be resolved within months after an accident, and sometimes longer (e.g. a year) depending on the specific circumstances.  What makes this happen faster is having an aggressive, ethical lawyer who stays on top of your case and the insurance company.  Too many lawyers hand a personal injury client file off to non-lawyer assistants, and then the case goes cold.

Not at my law firm.  We engage the negligent driver’s insurance company right away, as well as your PIP carrier, uninsured insured motorist (UM) carrier, and begin gathering evidence and documenting the auto accident, property damage, and your injuries.  We begin preparing your case for resolution right away so time is not wasted and delays do not occur.

Once your treating physician places you at MMI (Maximum Medical Improvement), then we complete our special demand package for settlement, subject to your approval, to the insurance company, and work negotiate the highest possible settlement you are entitled to.

Of course, the estimate of time is subject to the facts of the case.

What does MMI mean?

MMI means Maximum Medical Improvement. Simply it is a term used by doctors to describe that your injuries and condition have improved as much as possible and you are as good as you are ever going to get.

How much is my case worth?

This is one of the most difficult questions we are often asked. The evaluation of your case is based on many factors, which include, among other things, the following:

• how the accident happened
• the extent of damage to the vehicles involved
• the type and extent of your injuries and medical treatment
• whether you sustained permanent injuries or significant scarring
• the amount of your past medical bills
• the expected amount of your future medical bills
• the lost wages you have incurred
• the future loss of earning capacity

Ft. Myers Wrongful Death • Cape Coral Wrongful Death • Lehigh Acres Wrongful Death

As an experienced personal injury attorney and wrongful death attorney, I see my fair share of senseless tragedies.  Families are left to pick up the pieces after suffering the loss of a family member due to someone else’s negligence.  It is a time of great confusion and anguish, and is one shared by all in life.  Wondering where to start, and what to do next, in the face of such a loss can lease the next of kin virtually at a standstill.

Day-to-Day Challenges Continue

The wounds of loss and the fond memories of the passed family member loom large.  Adding to the grief are the day-to-day tests of moving forward without the loved one.  Comfort through prayer, faith, and hope help bring some measure of relief to the loss.

Yet, life goes on.  Funeral bills.  The last medical bills.  Bills for housing, electric, water and sewer, mortgage or rent, continue unabated, and do so despite  your not wanting to deal with anything.

Wrongful Death Attorney Florida

Was someone or something else responsible for sudden and senseless death?  Why did this happen?  Was negligence or carelessness to blame?

I represent good, decent, upstanding people, including victims of serious personal injury and wrongful death caused by others.  This area of law can be complicated, and you should consider hiring an experienced Florida personal injury attorney and wrongful death attorney Florida (like me) to help you navigate through the complex road of laws, rules, and regulations, and just as importantly, to investigate the case, compile the evidence supporting the claim, and pursuing justice on your behalf, and on behalf of the memory of your dearly departed.

If your loved one has died because of a truck accident I75, car wreck Cape Coral, motorcycle crash Lehigh Acres, construction accident Ft. Myers, or as the result of a defective product, such as household equipment, or work equipment, then you should act quickly to protect important legal rights.

Call me, attorney David Harris, an experienced wrongful death attorney Florida.  I prosecute these claims in our civil justice system on behalf of good families.

Florida Premises Liability • Florida Property Liability

In Florida, “premises liability” really means property owner or manager liability.  The law holds owners and often occupiers or possessors (such as property managers or tenants) of property legally responsible for accidents and injuries that occur on that property where there negligence, or fault, can be proven.  The types of premises liability cases range from slip and-fall, trip-and-fall, defective condition inside or outside the property, or inadequate security.

People often believe that because they were injured on another’s property, whether it is a commercial property (e.g. malls, amusement parks, grocery stores, retail stores, etc.) or a residential property (e.g. neighbor’s home), that the property owner is automatically held responsible for the injuries.  In Florida, this is simply not so.

Instead, the injured consumer usually must prove that the property owner did something to cause the injury or failed to do something which could have prevented the injury.

Generally, property owners and possessors are responsible to keep their premises in a reasonably safe condition, as well as to adequately warn patrons or guests of defects on the premises.  The burden of proving the defective or negligent condition, as well as its cause of injuries, is often on the victim.  This includes the injured consumer usually having to prove that the owner, manager, or tenant knew, or should have known through reasonable inspection, of the poor conditions or existence of hazards that caused the injuries.

If the owners or possessors do not live up to this duty and you are injured, they may be held accountable for your injuries, including medical bills, lost wages, and pain and suffering.   Money damages may be recoverable from the insurance company that covers the claim.

Comparative Fault

Defendants – property owners, managers, and lessees/tenants – often defend premises liability lawsuits asserting they were not at fault.  Common defenses include:

• The consumer was not looking where he/she was walking
• The owner, manger, or tenant did not have any notice of the dangerous condition
• The victim was partially at fault for what happened
• The consumer/visitor did not exercise reasonable care for his or her own safety
• The hazard was open and obvious

If a jury believes the defendant that the plaintiff-victim was also at fault for the incident, then the plaintiff’s money recovery may be limited or reduced by his or her own negligence.

Florida follows the “comparative fault” system in personal injury cases, meaning that an injured person’s legal damages will be reduced by a percentage that is equivalent to his or her fault for the incident.  For example,  if it is decided that an injured consumer was 50% liable for an accident, and the total damages awarded are $100,000, then he or she may receive only $50,000 of that damage award.

Types of Property Conditions Causing Injuries

As noted, there are many types of property liability claims, including the following:

• trip and falls
• slip and fall
• negligent or inadequate security
• foreign substance, such as water, juice, or other liquid on the floor, causing the surface to be slippery
• falling merchandise
• uneven or unsafe floor, parking lot, or sidewalk
• improperly constructed premises, creating defects
• defective stairs, including uneven stairs, uneven risers, lack of slip resistant surface, or
• defective threshold
• loose or missing handrail
• unguarded holes or open pits
• unfenced swimming pools
• failure to timely or adequately inspect the property
• poorly maintaining the property
• building code violations
• improper mode of operation, such as the business’ policies, procedures, and how they result in property hazards

Serious caused by dangerous conditions on a Florida property, inside a store, or in a parking lot, can result in spinal cord injuries, head injuries, broken hips, broken bones.

Personal Injury Lawyer Serving Southwest Florida Premises Liability Victims

Overwhelming, serious personal injury cases caused by dangerous, defective, or hazardous conditions on another’s property can be devastating.  These cases can be difficult to obtain justice for the victims, their families, and punish those who are responsible for such devastating injuries.

In such cases, we set to prove not only who is legally responsible, and also look at the full range of damages and human losses that must be fixed or helped, which represents full justice in our civil justice system, including:

• physical pain and suffering
• mental pain and suffering
• emotional distress
• economic losses
• medical bills
• future medical bills
• lost income
• future lost income
• loss of consortium (affections, society of spouse and children or parents)

My goal is to enable as much normalcy as possible in the client’s life, as well as trying to restore some financial certainty so the client and his/her family does not have to move forward alone.

If you or your loved serious and permanent personal injury, or death caused by another’s negligence, then contact me to seek justice on your behalf.

Motorcycle Accident Attorney Florida Understand Your Needs

A motorcycle is often not simply more economical and quicker for daily commutes than automobiles and other vehicles, but there are certainly large numbers of motorcyclists who ride for leisure and recreation. All of these factors have led to an increase in the of motorcycles on our local streets and highways. Motorcycle accident fatalities have risen each year for the last ten years, undoubtedly linked to the increasing number of motorcycles on the road.

Nationally, the death rate for motorcyclists is some 5-6 times the rate of death for car occupants.  In Florida, motorcycles represent a significant percentage of registered vehicles compared to other States.

Motorcycle Accident Floria — Causes

There can be many causes of motorcycle accidents that may include:

• negligence by other drivers
• adverse weather, such as Florida’s torrential downpours

Florida Motorcycle Accident Injury

Injuries sustained in Florida motorcycle accidents can be catastrophic. There is far less physical protection for a motorcyclist than for the occupants of an enclosed vehicle, such as a car, truck, or SUV.  Some unique injuries associated with motorcycle accidents include:

• road rash
• road burn
• disfigurement
• compound fracture
• traumatic brain injury
• head injury
• spinal cord injury
• lost limb
• traumatic amputation

Injuries may not always be readily apparent following a Florida motorcycle accident, and adverse symptoms may develop over time. Delayed action following a motorcycle crash Florida can restrict or ruin potential claims.

Florida Motorcycle Accident Tips

Motorcycle accidents may have serious consequences. Immediate assistance from a qualified motorcycle accident lawyer Florida who has intimate knowledge of the many unique elements of motorcycle crashes may protect Florida motorcycle accident victims from further harm.

Follow these guidelines to protect current or future claims.

1. Seek legal advice as soon as possible and follow the attorney’s advice
2. Do not sign anything, including any releases, without legal representation (or at least consulting a lawyer first)
3. Seek immediate medical assistance
4. Keep records of events associated with the accident

An injured victim is in danger of waiving all legal rights if he or she disregards the above guidelines.

Motorcycle Accident Lawyer Florida

If you have been injured in a motorcycle accident Florida, or a loved one has been lost, then contact us to learn your rights. Understanding all available recourses that may provide compensation for your loss is simple, free, and confidential.

Complete our evaluation form, or call us, and a Florida motorcycle accident attorney with valuable motorcycle accident experience will contact you. In Florida motorcycle accident cases, time is of the essence. The sooner you contact us, the sooner we can pursue the recovery you deserve.

Florida Personal Injury Lawyer Here to Help You in Your Time of Need

Have you been hurt by someone’s negligence?  Have you been the victim of a car accident Florida, truck accident Florida, or motorcycle accident Florida?  Have you been seriously injured by an unsafe product?

If you have been injured by others’ carelessness, then you may be entitled to money damages for your injuries.  Contact me, personal injury lawyer Florida David Harris.

What is Personal Injury Law?

Personal injury law has its origins in The Bible.  Money compensation for injury caused by another was the law, and the amount of money (or transfer of property in those times) needed to compensate the victim was measured by the amount of harm or injury done.

The basics have not changed all that much.

Today, a claim made against another person or company for their wrongdoing is called a “tort claim.”  A tort is a civil wrong, for which the remedy is money damages.  This differs from a criminal act, for which the remedy is loss of liberty, such as incarceration.

A tort is usually based upon the concept of carelessness or negligence, but can also be based upon an intentional or reckless act.

The person who is at fault for causing the victim’s injuries is referred to as the “tortfeasor” or “defendant.”

Florida personal injury cases cover a wide range of matters:

• auto accident Florida
• trucking accident Florida
• motorcycle accident Florida
• slip and fall Florida
• swimming pool accident Florida
• defective products

This list goes on and on.  Consider an experienced, aggressive, and dedicated Florida personal injury lawyer who is willing to fight to for you now.  Contact trial attorney and Florida personal injury attorney David Harris.

Liability, Causation, Damages

Lawyers and insurance adjusters know that the three categories of issues that typically arise in a tort claim after a motorcycle accident are the following:

• Liability
• Causation
• Damages

“Liability” refers to the question of who is at fault and to what degree.

Because Florida is a comparative fault state, the consumer’s recovery can be reduced by each percent of his/her own comparative fault.  For example, if a jury finds you to be partially at fault, say 50%, then that means whatever verdict for damages the jury might return in your favor will be cut by 50%.

“Causation” refers to the cause-and-effect relationship of the event (i.e. accident) and your injuries.  For you to recover money damages, your injuries must have been caused or aggravated by the accident/negligent incident.

Whoever is defending the claim — typically insurance companies and larger, self-insured corporations — will work very hard to prove that your injuries are not new or were not caused by the accident/event.  They subpoena your medical records from childhood to the present and hire their own doctor(s) to examine you and conclude that your injuries were either pre-existing or non-existent.

“Damages” refers to the injuries or losses that were caused by the accident.  This includes items related to the accident or event, including:

• Past medical bills;
• Future medical bills;
• Past lost wages/income;
• Future loss of earning capacity;
• Past and future physical and mental suffering
• Loss of enjoyment of life.

As a dedicated and caring trial attorney and personal injury lawyer Florida, I strive to help you obtain the money damages — the compensation — you are entitled to under the law.

Insurance Coverage

Insurance coverage can be complicated.

If there are more than one insurance policy applicable to the case, then those insurance carriers will often fight over which policy must pay first (called primary vs. excess coverage).

If uninsured or underinsured motorist coverage (UM) is involved, then there are steps that must be taken to assure maximum financial recovery.

Part of what I do for my clients is help them navigate these complex issues.

Length of the Case

Since I limit the number of cases I handle at any given time, I can push your case forward as quickly as the court rules allow and your condition permits.  In my experience, moving the case quickly and efficiently is important to resolving your case on favorable terms.

Depending on what the defendant’s policy limits and other considerations, if you have not completed your medical treatment, then you will have to consider when the time is right to resolve your case.

Your case can generally be set for a jury trial in State court within a year, or earlier, after filing the complaint.   In federal court cases are generally tried within one year of filing the complaint.

Of course, all timelines depend on the complexities of your case.

Personal Injury Case Value

One of the most common questions presented to me is case value, also known as the “How much is my case worth?” question.

Many attorneys struggle over this question:  (1) some feel if they give you a number that is too low, then you will go hire another lawyer who may not be as candid; (2) others feel if they tell you a value that is too high, you may actually expect them to secure that figure.

Beware of the lawyers who project a high number just to get you to sign up with them.  This happens way too much. I have too many times told prospective clients (after they hired the lawyer who promised jackpots and riches) whose expectations were encouraged by lawyers, ” I told you so!”  Sad, but true.  I am a lawyer, not a used car salesman, and I take my profession seriously.  No games here.

Ultimately, I do not struggle over the question of “how much is my case worth?”  If you hire me, and I agree to represent you, then honesty and candor must prevail.

The evaluation of value of your accident case is based upon many factors, which include the following:

• How the accident happened

• Is liability contested?  Is there any fault attributable to you or others?

• Type, value, and extent of damage to the vehicles

• Nature or your injuries (i.e. at a minimum, your injuries have to be permanent in nature)

• Type and extent of your medical treatment

• Amount of your past medical bills

• Amount of your future medical bills (e.g. are there any future surgeries, etc.)

• Amount of your lost income (supported by tax records)

• Amount of your loss of future earnings (supported by work history)

• Your appearance

• Jury pool – where is the trial going to be held and what kind of jurors are likely to judge the case.

The bottom line:  I am dedicated to obtaining the full money damages available and warranted by the circumstances.  I work hard on your behalf and keep you in the loop.  Together we build a strong attorney client relationship and you will know when I tell your something that it is the truth and represents my honest opinion.

CONTACT Personal Injury Attorney David Harris

Florida personal injury cases are often complex.  Victims of personal injury Florida, trucking accident Florida, auto accident Florida, motorcycle accident Florida, slip and fall Florida may be physically injured and mentally scarred for life.

Contact me today for an honest evaluation.  I will take my time with you to investigate your case, evaluate your claims, and negotiate with the insurance companies.