Do You Want to Settle Your Auto Accident Case?
I hear a lot of talk about taking an auto accident claim to trial by clients and other attorneys. What if you don’t want to? Some clients will say at the outset that they don’t want to go to trial, while others say a jury trial is how they want the matter resolved.
The fact is, in my experience, most clients would prefer to avoid a trial because of the emotional toll it could take upon them. I’m all for trials by jury, have been through the gauntlet, and believe in them. There are certainly car accident cases where that is the only route, i.e. insurance company acting in bad faith for refusing to pay a valid claim.
In my experience, however, most auto accident injury clients would rather settle out of court. They want fair compensation for their injuries, pain and suffering, payment of medical bills and health liens, recovery of lost wages. When this can be achieved outside the courtroom, then clients may also obtain a sense of relief and closure.
When your Fort Myers auto accident attorney or Naples auto accident attorney represents you in your Fort Myers car accident or Naples car accident, then let them know your goals. In my experience, client’s expectations are often more than fair and reasonable, and not at all like those portrayed by corporate interests and politicians.
We take our clients’ cases seriously, and while we prepare for trial and settlement, we like to prepare our clients and their cases in a manner so as to make settlement as appealing to the other side as we can.
If you, a friend, or family member, has been seriously injured in a car wreck, then contact a Fort Myers auto accident attorney today at the Harris Law Firm PA. You’ll receive personal attention and service, have your questions answered, receive prompt calls back from your own personal lawyer, and have a dedicated and driven advocate on your side fighting for your rights.
At the Harris Law Firm, we proudly serve Southwest Florida injury victims, including Ft Myers, Naples, Cape Coral, Lehigh Acres, Port Charlotte, Punta Gorda, LaBelle, Venice, and beyond.
Avastin: Causing Blindness?
A recent report in the New York Times, More Reports of Avastin Causing Blindness, is troubling. As the report recounts, patients who were being treated with the drug Avastin for eye disease have been blinded.
Avastin is a cancer drug, but is often used “off-label” (meaning for a purpose other than its FDA-approved use) to treat the wet form of age-related macular degeneration (AMD) and other eye diseases. The article identifies the compounding of the drug or, perhaps, handling of the drug prior to injection, as raising concerns in the cause and effect analysis.
The report continues, “To use Avastin for eye disease, a vial meant for a cancer patient must be divided into numerous tiny doses and each dose placed in a syringe for injection into the eye. The extra handling increases the risk of bacterial contamination and other problems. On Tuesday, the Food and Drug Administration issued an alert saying that 12 patients in the Miami area had suffered eye infections after being injected with Avastin. Some of the patients lost all of the remaining vision in their treated eye, the F.D.A. said.”
Suffering loss of vision is a devastating injury, and requires every victim to start a drastic new journey. Stay alert. If a product defect exists, and serious injury results from that defective condition, then a product liability claim may be pursued by the victim. If the error is in compounding or handling, then a cause of action for pharmacy malpractice may exist. As always, your case will depend on its facts.
If you have have been injected in the eye with Avastin, and suffered blindness as a result, then contact an injury lawyer at the Harris Law Firm for a free consultation regarding the circumstances of injury.
At the Harris Law Firm, P.A., we proudly clients throughout Florida, including Fort Myers, Cape Coral, Naples, Port Charlotte, Sarasota, and beyond. Contact us today.
A Law Firm is a Law Firm . . .
A Law Firm is a Law Firm: You Should be Looking for Quality — Not Quantity
A law firm is a law firm, whether it’s 1 lawyer, 2 lawyers, 15 lawyers, or 1,000 attorneys. You have to perform every day on every issue. It’s a matter of strategy, analysis and performance. Like any profession, not all lawyers are created equal. One excellent and driven attorney can outperform a legion of lawyers. It takes dedication, knowledge of your facts, knowledge of the law which applies, and usually experience having been to battle inside and outside the courtroom.
In my personal life I favor quality over quantity, and make my informed decisions accordingly. This is how I would choose a lawyer, as well.
How Many Lawyers Do You Think You Need?
How many lawyers do you want on your case? How many do you really get? What are they all doing, exactly?
A single, experienced, driven personal injury attorney can handle cases ranging from catastrophic injury such as brain injury, spinal injury, broken bones, to those involving wrongful death. That’s the way it has been for centuries. The fact is, I cannot think of a single personal injury claim or wrongful death case which requires dozens of attorneys or even hundreds of lawyers. The best trials I’ve been part of we’re comprised of a single trial attorney on each side.
Not only from my own experience as an attorney who has practiced in larger law firms, but from the shared experiences of colleagues who are solo or small firm attorneys. One lawyer can get to the heart of a case; some of the best advocacy borne out of that tenacity and grit — of one. We are confident in our depth of skill, experience, and knowledge to get the job done with direct client involvement. Pretty simple.
Benefits of a Small Firm Handling Your Case Are Quite Voluminous, But One Does Stand Out
Of course, among the benefits of having a smaller firm handle the case is personal involvement of the client, and that client’s easy access to his or her lawyer. Think about it: having to wade through “gatekeepers” or support staff, just to speak to your lawyer, can be a hassle. We know good people who never even met their attorney, and in fact, did not know they were represented. How can this be? Because the only person they ever dealt with at a larger firm was the secretary or other staff.
Not knowing your lawyer? When you have a choice — and for lawyers you do — how could you not know your personal injury attorney? You’d want to know your doctor who is taking care of you, right? How does the lack of communication between an attorney and client help any case? How does this advance the victim’s substantive legal claim? Think about this most basic premise when choosing your lawyer.
Quality
Of course, you also want quality. An accident attorney who is experienced, both inside and outside the courtroom. An injury lawyer who focuses on you and your needs, and whose wallet doesn’t overcome the true purpose of being your advocate.
Contact Harris Law Today for Your Personal Injury, Motor Vehicle Accident, or Wrongful Death Claim
At the Harris Law Firm, an experienced personal injury attorney is here to help you through a variety of serious personal injury and wrongful death matters including auto accidents, bicycle accidents, motorcycle injury, trucking crash, motor vehicle accidents, and child injury. We also participate in consumer class action cases seeking to vindicate the rights of consumers.
If you have been seriously hurt because of others’ wrongdoing, then call us today. We’re here to help our neighbors throughout Southwest Florida in Fort Myers, Bonita Springs, Naples, Lehigh Acres, Cape Coral, LaBelle, Punta Gorda, Port Charlotte, North Port, Venice, Sarasota, and beyond.
Safer Weekends Please
Throughout the Southwest Florida region over the past several months (and even the past several years), there appears to have been a spike in fatal crashes and serious vehicle accidents over the weekends. The lives lost and families harmed by this scourge have been front page news in our newspapers, seemingly start off every weekend newscast, and just confound us all about how carelessness and recklessness of a few end up shattering lives, futures, and dreams of others.
I think about the near miss I encountered a couple weekends back, when a speeder darted through a busy intersection, despite a solid red light requiring him/her to stop, and nearly t-boning my vehicle as well as another vehicle next to mine as we proceed on our solid green light through the intersection. Literally, I was a second from disaster striking. We would have all been obliterated. My saving grace was approaching the intersection carefully, scanning all sides with active peripheral visualization. In other words, defensive driving.
And for what? Was that reckless maniac of a driver trying to get home faster (it was close to 6:00 pm)? Trying to get to the nearest drive-thru window to satisfy a fast-food fix? What put that crazy driver’s wants above everyone else’s lives? Of course, no remorse. That driver didn’t stop or slow down, and just kept going. And sadly, that driver was probably uninsured and just did not care if he/she killed or maimed someone that day.
At what point do motorists realize that speeding, whether on a straightaway, or curve, or through an intersection won’t get them to the destination any faster? Traffic signals are the equalizer, and we all bear witness every day to that reckless speeder who just has to speed past us . . . just to the next stop light, when we all pull up and sit and wait for the green.
Or that texter who has to get that dopey text message out? LOL! Great . . . Or the cell phone addict who has to engage in the King’s Speech or some other proclamation without keeping an eye on traffic?
The point is, we all have places to go and things to do. We can do so safely, chill out about the non-existent “rush” which has consumed so many of us, and enjoy our lives with those important to us. Let’s focus on having safer weekends, and caring about others out there trying to go about their own lives just as we are doing.
Lawyer for Wrongful Death Claim
The tragic loss of a loved one in a person injury or wrongful death accident is the kind of nightmare scenario that families pray won’t happen to them. But, it does happen, and it can change the course of lives in an instant.
A dedicated and compassionate wrongful death attorney at the Harris Law Firm, P.A. can help you through the legal process of putting your lives back together.
We help families in crisis by taking over the burden of fighting with insurance companies or medical providers so that you can focus on finding a way to keep moving forward. Our lawyers treat every client with dignity, respect and an unwavering commitment to personal service.
For more than 15 years, trial attorney David Harris has been serving his clients with distinction, the highest ethics, and sincere dedication. Our practice is built on the foundation of giving our clients a voice in the legal system and holding the negligent responsible for the damage they cause.
Recovering a wrongful death settlement or judgment isn’t about “cashing in.” It’s about protecting yourself and your family in the face of an uncertain future and against the practical and financial challenges posed by the death of a family member.
We realize that no compensation can replace your loss, but your family shouldn’t have to carry the financial weight of a wrongful death alongside the emotional pain. We take on the legal fight so you can focus on the things that are most important to you and your family. It is our goal is to protect your interests and your future.
If your loved one has been the victim of a wrongful death accident, such as a car crash, motorcycle crash, or trucking crash, or otherwise been lost to others’ carelessness in Ft Myers, Cape Coral, Venice, Lehigh Acres, Port Charlotte, Naples, Sarasota, or elsewhere in Southwest Florida, then contact us for a prompt discussion about what has happened in your life. We’re here to help. God Bless.
Bonita Springs Man has foot amputated by charter boat propeller in Naples
A Bonita Springs man who was swimming off of Vanderbilt Beach in Naples had his foot severed and amputated by the propeller or a charter boat which approached the shore line, according to the Naples Daily News and the Florida Fish and Wildlife Conservation Commission.
According to the Florida Fish and Wife Conservation Commission report, Rosario ‘Sal’ Pucciarelli was swimming within a marked swimming area near the shoreline of the Ritz Carlton Hotel at Vanderbilt Beach on February 26 when he was struck by a Safari Sailing Cruises boat propeller. The propeller amputated the victim’s foot. Other injuries and condition of the victim are not known.
Wrongful Death Attorney Serves SWFL Families
Wrongful Death Lawyer Serving Ft Myers, Cape Coral, Lehigh Acres, Naples and Southwest Florida
As a trial attorney experienced in civilly prosecuting Florida wrongful death claims on behalf of devastated family members, I know that few areas of the law touch so many, so deeply. These types of cases are never easy for surviving family members.
The family and loved ones of the victim have been shortchanged of time, experiences, hopes, and dreams shared with their loved one who passed on. A wrongful death claim summarizes the fact that the victim lost so many opportunities – family, spiritual, financial.
Why is it called “Wrongful Death”?
“Wrongful death” generally refers the the untimely death of a loved one due to others’ negligence (carelessness as opposed to an intentional act). The fact that fault, or legal culpability, was the direct and foreseeable cause of the death makes fatality “wrongful.” A “wrongful death action” refers to a specific type of lawsuit.
A wrongful death lawsuit is similar to a personal injury lawsuit. In fact, in many respects, it only differs insofar as someone died, and therefore instead of the individual victim being the named plaintiff and asserting the claim, the deceased victim’s estate becomes the party. For example, “Jane Smith, as Personal Representative of the Estate of John Smith, Deceased” becomes the party filing the wrongful death lawsuit.
How Does a Florida Wrongful Death Lawsuit Arise?
A wrongful death action Florida can arise out of a number of situations where the victim’s death was the fault of a person or company (some examples):
- fatal truck crash
- fatal motorcycle crash
- fatal construction accident
- fatal auto accident
Wrongful Death Damages
“Damages” in the law refers to money — compensation for the loss. We all know that placing any true dollar value on your loved one’s life is simply not possible. The law can never resolve your family’s grief – loss of time, experiences, hopes, and dreams with your loved one who has been taken from you — only faith can heal in this way.
Money damages for a Florida wrongful death action is the only civil remedy available. This form of compensation is rooted in The Bible, where property was exchanged to compensate for an unintentional, although negligent, wrong.
Florida’s Wrongful Death Act permits recovery for money damages (the applicability of which depends on the circumstances):
- Lost Support & Services. These damages are designed to compensate for the services that the deceased provided around the house. This includes items such as childcare and household chores. An economic expert will testify about the lost value of each of these services.
- Surviving Spouse’s Loss of Companionship. The surviving spouse is entitled to compensation from the defendant for the loss of companionship.
- Minor Child’s Loss of Parental Companionship. The minor child is entitled to compensation for loss of parental companionship. This, along with the surviving spouse’s loss of companionship, can be the hardest to put a dollar figure on. This often becomes an issue for the jury during a trial.
- Funeral Expenses.
- Medical Expenses. Sometimes the death is not immediate, but follows prolonged hospitalized for injuries which cause the death.
- Loss of Earnings. An economist will testify about the earnings that the decedent was making at the time of his death and the capacity to earn more in the future.
If Your Family Has Experienced Death of a Loved One Caused by Negligence, Then Call Us
I understand the limits of what the law can provide. I’m here for the victims going through such challenging times, and work hard to hold the negligent parties accountable for the losses they have caused.
As a personal injury and wrongful death attorney experienced in representing the families of victims, I may be able to help the family secure financial assistance and security through a wrongful death lawsuit or claim. As a friend, I can and will be that person you can talk to when perhaps other family members and friends are not enough. I care about each of my clients, which is why I work so hard for them.
If a loved one has been the victim of a fatal crash, such as a car wreck, motorcycle crash, or trucking crash, or otherwise lost to others’ carelessness in Ft Myers, Cape Coral, Venice, Lehigh Acres, Port Charlotte, Naples, or elsewhere in Southwest Florida, then contact us for a prompt discussion about what has happened in your life. We’re here to help. God Bless.
Insurance Bad Faith: Current Law Protects Consumers
Insurance companies think immunity is good for them. No surprise. Insurance companies and large corporations have been seeking corporate amnesty from the legislature for years.
But what may help their bottom line will not help yours. You see, insurance companies are required to protect their policyholders — their insureds — by acting in good faith.
Under current Florida law, insurance companies owe a duty to act in good faith to their policyholders (who pay hefty premiums for their insurance protection): homeowners, business owners, auto drivers and all other insurance consumers.
This good faith duty requires the insurance company to:
- promptly, fairly and honestly investigate and evaluate property, commercial, auto and other insurance claims against their own policyholders;
- if possible, settle claims made against the policyholder for an amount at or below the insurance contract policy limits; and
- financially protect the insurance consumer from:
- having to pay a judgment in excess of the insurance contract policy limits,
- exposing their personal and/or business assets, and/or
- declaring personal and/or business bankruptcy.
Now, consider these good faith obligations with an insurance carrier’s typical, reflexive, knee-jerk response in denying a valid claim or delaying the claim so that it results in a lawsuit against the policyholder/insured.
When an Insurance Company Acts in Bad Faith
An insurance company acts in bad faith by failing to settle a claim against its insured when it could and should do so. An insurance company has a duty to settle a claim against its insured where a reasonably prudent person, faced with the prospect of paying the full recovery, would do so.
If the insurance company fails to settle a claim and then the trial court judgment exceeds the insurance contract’s policy limits, the policyholder would be “on the hook” for the higher amount, known as the “excess judgment.”
If, in a separate lawsuit, an insurance company is found to have acted in bad faith, the insurance company and not the policyholder must pay the entire judgment in excess of the policy limits that has been entered against the policyholder.
Why Current Bad Faith Law is Sound Public Policy
The duty of good faith is imposed on insurers to make sure that the best interests of the policyholder are always placed above the interests of the insurance company. Current law is good public policy and fair to the insurance consumer. The insurance company received the premiums paid by the policyholder and has exclusive control over all decisions to investigate, evaluate, and settle the claim against the policyholder, or litigate on their behalf.
Current law simply requires that insurance companies act in the same manner as a reasonably prudent person would.
Without the force of current law, insurance companies would have no financial incentive to act in good faith. Financial incentive to do the right thing, has been proven again and again, to be the most powerful, effective, and efficient tool in the consumer’s toolbox.
Without the force of current law, the policyholder will face a lien on all of his or her personal property, and as a practical matter, prevent the policyholder form buying or selling anything significant, ruin his or her credit, and subject policyholders to writs of garnishment.
No sound public policy should permit honest and hardworking Floridians to be exposed to years of these burdens despite paying policy premiums to protect themselves from exactly this type of harm. If insurance companies are not willing to accept this responsibility, then they should not accept the premiums paid by their policyholders.
So who are you going to trust to do what’s right for you? An insurance company which faces severe consequences when it holds its insureds “out to dry,” or an insurance company which faces no repercussions (and actually makes more money) when it acts in bad faith.
Injury Lawsuits: What They Are and What They’re Not
There are many misconceptions about what injury lawsuits are, and what they’re not. Looking at a personal injury lawsuit antiseptically, it is a civil complaint filed in court alleging that one party has injured or damaged another through any number of means. The court becomes the resolver, the arbiter, of the outcome. The court functions through a jury when requested by any party. The jury, of course, is a fundamental constitutional right (see the 7th amendment) which our Founders recognized as a bedrock of our society and republic.
What most people don’t realize is that the majority of civil lawsuits are brought by businesses against other businesses, whether for contract claims, failure to perform, unfair trade practices, and related varieties of commercial disputes. Study after study, year after year, conducted by RAND corporation proves this. Only a small segment of civil lawsuits are actually made up of personal injury claims.
Often, personal injury lawsuits are brought because the insurance company representing the at-fault party refuses to pay fair compensation for the financial losses and physical injuries the negligent party’s conduct has wrought upon an innocent victim. Sad, but true. We see this all the time. It has become so common that trial attorneys take it for given. An insurance company, trying to say few bucks, hangs its insured out to dry and to be examined, cross-examined, investigated, and litigated, and then . . . the insurance company ultimately pays more than it would have had it settled the claim before the lawsuit (at least from our experience).
The public, however, remains deceived that somehow insurance companies or their interests are being taken for a ride. This is what happens when insurance companies and their allies in the business community wage on ongoing propaganda battle that stretches back almost 50 years (again, sad, but true). Candidly, cheesy attorney advertising 24/7 has not always helped the noble and learned profession of the law and principled trial attorneys who strive to uphold it (I would not, however, restrict any lawyer’s right to advertise as every business and profession does so — we have to trust consumers to make the right and best choice for themselves).
A personal injury lawsuit is not a cure. It does not and cannot replace what has been taken away from an innocent victim. Instead, it is a means to compensate a victim through money. The goal has always been to make the victim “whole” in the legal sense. The concept — the tradition — has its origins in justice of days long past, recounted in the Bible.
A personal lawsuit can be a true instrument of justice, compelling truth where it went unheard or seen in the days before, and ultimately delivering a just result. This can depend upon a trial attorney exercising principle, drive, and experience, to shape the lawsuit into such a tool of fairness, values, and goodness.
Southwest Florida Personal Injury Attorney
We Handle Various Types of Serious Personal Injury Claims
A Florida personal injury claim can result when someone is seriously injured, or a family member suffers a wrongful death, in a traffic crash (e.g. car accident, truck accident, bicycle accident, pedestrian accident, motorcycle accident) or because of a defective product (e.g. design defect, defective manufacture), or because of a slip and fall (e.g. failure to warn of dangerous condition on property).
Experience the Difference of Our Florida Personal Injury Law Firm
A Florida personal injury attorney is available to evaluate your potential claim at the Harris Law Firm. We pride ourselves on being different from other law firms, as a dedicated personal injury attorney Florida injury victims can turn to and put their needs first will discuss your claim with you and then, if the case is accepted, handle your case from beginning to end.
Because we don’t accept every case, or take on thousands of cases at a time, we have the flexibility to be available to our clients: we return our clients’ phone calls, answer their questions, involve our clients in their cases. We also avoid making clients wade through a bureaucracy of non lawyer staff. That why we started this firm: to deliver top advocacy to select clients, fulfill our purpose and mission, and secure justice for our clients.
It’s About You
We get it. Instead of touting this victory, or that result, at the Harris Law Firm, we know that your case is about you.
When you have been seriously hurt in a car accident, trucking accident, motorcycle accident, or serious slip and fall, you are not only seeking answers, but seeking an honest, local personal injury lawyer who strives to help you. We are here to help you find the answers you are looking for, as well as seeking to help you get the justice you deserve.
WARNING — IMPORTANT DEADLINES CAN SINK YOUR CLAIM!
Every Florida personal injury claim is limited by a time deadline called the “statute of limitations.” This means that a personal injury lawsuit must be filed with the Clerk of Court before the applicable deadline. If you fail to file a lawsuit within the statute of limitations, then your Florida personal injury claim or Florida wrongful death claim may be barred forever.
Call Us Today
If you have an important case, then contact us for a confidential assessment. We proudly serve the injured throughout Southwest Florida and beyond. Locally, we help our neighbors in:
- Charlotte County: Englewood, Port Charlotte, Punta Gorda
- Collier County: Everglades City, Golden Gate, Immokalee, Marco Island, Naples, Ochopee
- DeSoto County: Arcadia
- Glades County: Moore Haven, Palmdale
- Hendry County: Clewiston, Labelle
- Highlands County: Avon Park, Lake Placid, Sebring
- Lee County: Bonita Springs, Cape Coral, Estero, Fort Myers, Fort Myers Beach, Lehigh Acres, North Fort Myers
- Manatee County: Bradenton, Ellenton, Palmetto
- Sarasota County Florida: Nokomis, North Port, Osprey, Sarasota, Venice
Make Sure Your Florida Personal Injury Attorney is Experienced
Almost every personal injury case has its traps – pitfalls for the do-it-yourselfer, as well as for the inexperienced lawyer who “dabbles” in personal injury cases or attempts to pursue them “on the side.”
When a serious injury occurs because of another’s carelessness, you will probably want to speak to an experienced personal injury attorney Naples families can count on to be experienced in handling serious accident injury claims in Southwest Florida. An auto accident lawyer Naples injury victims can trust will be there for them in their time of need, and who has litigated and tried cases in the Collier courthouse.
Florida Personal Injury Attorney — Experienced
When I am hired by a seriously injured person, I promptly investigate the claim by obtaining evidence. I then quickly engage the defense (usually the negligent driver’s insurance company) in an effort to quickly maximize your recovery of money damages through settlement. Depending on the circumstances, an accident lawsuit may have to be pursued — without wasting time — to move your case forward.
Your Florida personal injury attorney should be trying to make sure your medical bills are paid, health care insurance liens are resolved, provable lost income is recovered, and that you are compensated for your pain and suffering.
When injured by a another driver’s negligence or another person’s carelessness, then turn to an experienced personal injury attorney Naples families know will focus on your needs and candidly tell you where you stand.
Contact Us
To protect your rights, consider a Florida trial lawyer and personal injury attorney who approaches every case with care, compassion, and the depth of knowledge and skill necessary to help you bring it to as conclusion. I ‘m attorney David Harris and I civilly prosecute serious injury cases in Naples and Collier County involving auto accidents, trucking accidents, motorcycle accidents, and more.
I handle your personal injury claim on a contingent basis, so you do not pay any fee up front – my legal fee is paid when I resolve your personal injury claim. Experience our difference, where we put you first, and provide prompt attention and honest service .
Injury Lawyer and Accident Attorney Fighting for SW Fla. Injury Victims
No one wants to have to hire a lawyer. Understood. More often than not, lawyers are the professionals whom we seek out when a problem has arisen and we need to know where we stand, what to do, and how to resolve it.
We Handle a Wide Range of Serious Personal Injury Claims and Wrongful Death Claims
My firm is a Southwest Florida injury law firm and accident law firm, and these categories of cases fall generally under the umbrella of consumer justice. We help individuals and families who have suffered serious personal injury or lost a family member to wrongful death caused by the negligence of others.
This is often the result of highways crashes and traffic accidents throughout Southwest Florida. These can include car accident, motorcycle accident, pedestrian accident, semi truck crash, tractor trailer accident, etc. matters. Our representation often includes claims for uninsured motorist benefits. Some cases involve product defects or products liability claims. Some cases involve slip and fall or premises liability claims.
The point is, we are called when someone is in serious need because of crash, wreck, product defect, or defective property. These good, decent, hardworking people whom we agree to represent have had their lives turned upside down. They have faced tragedy, financial loss, and are staring at a future of even greater harms and losses. All because an individual or a company was careless.
We fight for them. Every day. We fight and challenge insurance companies. We champion our clients’ causes. That’s what we do. We are dedicated to our clients and driven to do our best to help them.
Why Choose Us?
We understand you have choices when it comes to hiring a Florida injury lawyer and Florida accident attorney. That’s a great thing. But it’s only great if you make an informed choice.
For example, some people may call a TV referral service for a lawyer, only to be steered to a chiropractor or pain clinic. Further, the consumer also knows nothing about the lawyer to whom the referral service has directed the them.
Some consumers may select a larger firm which advertises on TV, but again, don’t know about the lawyer who actually handles their case or whether they’ll be shuffled to the bottom of that attorney’s large client volume. Further, many lawyers spend most of their time handling minor claims, so they are not experienced in serious injury matters.
At the Harris Law Firm PA, we cut through all of that. We represent a limited number of clients at any given time to ensure each client receives personal attention and personal service, from an experienced trial attorney and injury lawyer.
Tips on Choosing the Right Lawyer
Here are a few things you should know before hiring your injury lawyer.
1. Act quickly. Begin looking for your personal injury lawyer within a week or two after your accident. If you’re not physically capable you should have a friend or loved-one start looking. The sooner you start building your case the better.
2. Zero-in on a personal injury lawyer who knows your specific type of injuries. Many lawyers out there have no experience, for example, in catastrophic injury matters, such as brain injury cases, burn injury, or spinal cord injuries, etc. If you had or need surgery because of your accident, then you should seriously consider seeking an accident attorney who has experience in more serious injury claims (as opposed to many of the injury attorneys out there who spends most of their time handling minor injury claims, such as “soft tissue” car accidents).
3. Meet the lawyer face-to-face after a phone conversation. Your personal injury lawyer is going to be your closest advisor during this difficult time, and you should feel comfortable and trust your lawyer. The only way you’ll get a feel for the lawyer is by having a sit-down to discuss your case.
4. Implied this above, but let’s be clear: avoid the high volume lawyer. These types of attorneys operate on volume of case: lots of minor personal injury cases and settle them quickly, making a profit from high turnover. Think about it, if a lawyer takes in 1,000 small cases, and earns $1,000 per case, we’re talking about a substantial sum of money. Many of these small cases do not take too much effort, and a serious case can easily get lost in the mayhem.
5. Always be completely open and honest when discussing your case with a lawyer. Tell the lawyer as much as you can about what happened. Try to remember every detail. Any documentation and pictures you have of your injuries and treatment will be a big help when evaluating your case.
Take the First Step: Contact the Harris Law Firm Today
While evaluating a lawyer for your case can be intimidating, it doesn’t have to be. Call an experienced, principled, and driven Florida injury lawyer and Florida accident attorney — a trial lawyer — at our firm today. You will be treated with respect and courtesy, and we will walk you through every step.
We proudly serve our neighbors throughout Southwest Florida, including Naples, Ft Myers, Cape Coral, Port Charlotte, Lehigh Acres, LaBelle, Clewiston, Arcadia, Marco Island, Venice, North Port, Sarasota, Bradenton, and beyond.
Here are 7 things you should know before hiring your injury lawyer…
1) The sooner you hire your lawyer the better. Begin looking for your personal injury lawyer within a week or two after your accident. If you’re not physically capable you should have a friend or loved-one start looking. The sooner you start building your case the better.
2) Hire a personal injury lawyer that specializes in your specific type of injuries. Do your homework before signing the retainer agreement. Visit the firm’s website and read up on it’s history and each lawyer’s biographical information. Ask the lawyer for some referrences and ask how much experience they have in handling cases with similar injuries. What settlement awards did they get in those cases?
3) Have a face-to-face meeting with your prospective lawyer. Your personal injury lawyer is going to be your closest advisor during this difficult time. You must feel comfortable and trust your lawyer. The only way you’ll get a feel for the lawyer is by having a sit-down to discuss your case. Any good personal injury lawyer will give you an initial consultation free of charge.
4) Hire a lawyer that will take your case on a contingency fee basis. This means that your lawyer won’t get paid unless you get paid. He will take his fee out of the money you receive for your injuries. You can expect your lawyer to take about 33% of your final settlement – that’s after expenses are taken off the top. Make sure you clearly understand the payment structure before you sign the retainer agreement.
5) Beware of ambulance chasers. The goal of these lawyers is to get lots of minor personal injury cases and settle them quickly – they make their profit from high turnover. So naturally they won’t put as much time and effort into each case as they should. (If you’re looking for a quick settlement be prepared to accept less than what your case is really worth.)
6) Hire a lawyer with a good Martindale-Hubbell rating. This service evaluates lawyers in the U.S. and Canada based on peer review. Their website, Martindale.com has a helpful lawyer locator service and will explain the rating system.
7) Always be completely open and honest when discussing your case with a lawyer. Tell the lawyer as much as you can about what happened. Try to remember every detail. Any documentation and pictures you have of your injuries and treatment will be a big help when evaluating your case.
Bonus Tip:
NEVER give a recorded statement to a representative from any insurance company until you’ve consulted a lawyer. When the rep. asks for one simply say, “I’m not prepared to give a statement at this time.” A recorded statement can be used as evidence and if you’re not prepared you might overlook important details. Anything you miss (or misrepresent) can be used against you in settlement negotiations and in the trial.
Merry Christmas & Happy New Year
Wow. Sorry about how late this one is. From the bottom of our hearts, thank you to our clients, friends, colleagues, and loyal readers for your support throughout the year. We are very thankful, and wish you all the best for this Christmas season and upcoming New Year.
We do hope 2011 brings you the successes and happiness you have worked for, longed for, and are moving forward to make happen. We believe this will be the Year for so many hard working, good, decent people out there. I
We look forward to talking to you about your needs, working together on overcoming challenges you may face, and serving as your local Southwest Florida injury lawyers and trial attorneys in the days, weeks, and months ahead. We’re here if and when you need us.
God Bless you all.
It’s Not Business as Usual for this Trial Attorney and Injury Law Firm
You the consumer have choices when it comes to legal services. When you and your family are facing a crisis, a serious personal injury or wrongful death which has changed the course your lives, what kind of advocate will you look for?
At the Harris Law Firm, we don’t believe in business as usual. We only represent individuals and families who have been injured through the carelessness or wrongs of others. We take injury cases on contingency, which means you do not owe us a penny in fees if we don’t win your case.
Moving Cases Forward, and Doing So Quickly
We also believe in moving cases forward, and doing so fast. If a case is won’t settle within a reasonable time, or the insurance company delays or plays games, then with your permission and after considered consultation, we march ahead quickly to trial by jury.
We do not shy away from the courtroom. We have the experience, the skills, and the drive, to fight for you.
We Do Things Differently
I founded the Harris Law Firm to do things differently. Not to take every case upon every perceived wrong, but to take on clients whom we believe in, move their case, their cause, as fast as possible, and fight to win through settlement or trial. We put the focus on the client, their needs, their values, and allow those qualities to help guide us through our shared quest for justice.
Of course, we don’t always win. No one always does in life or in the law. Taking on compelling, yet challenging, cases means that some will be lost. An old trial lawyer saying goes, “If you haven’t lost a trial, then you haven’t tried enough cases.” We can’t guarantee we’ll win your case. We can, however, promise personal attention, personal service, and the drive to win.
Contact Us Today to Discuss Your Personal Injury or Wrongful Death Claim
If you are seeking a Florida injury law firm which puts your interests first in serious personal injury claims and wrongful death matters arising from car accidents, motorcycle accidents, trucking accidents, construction accidents, and similar negligence claims, then contact a trial attorney and injury lawyer at the Harris Law Firm PA today for a free consultation.
Experienced Personal Injury Lawyer Handling Serious Claims for Good People
Personal Injury Categories
Broadly speaking there are two types of personal injuries. A personal injury can be a physical injury, illness, disease, or a psychological illness or injury. When the harm has been caused by another’s negligence, whether in the form of an individual’s carelessness or a company’s recklessness, then the injured party may be eligible to make a personal injury claim to recover damages, or compensation to make up for the harms and losses.
A physical injury can be a result of a traffic accident, injury at work, injury caused by using defective product, or an injury caused by a slip and fall.
Psychological damage can rooted in mental anguish associated with the physical harm, or may itself be separate claim if it is severe and has a physical manifestation (i.e. sleeplessness, anxiety disorder, severe blood pressure spiking, nausea, etc.).
Personal injuries can cause permanent disabilities, such as brain damage, paralysis, amputation, broken bones, or wrongful death.
In Southwest Florida, we see serious personal injury and wrongful death cases caused most often by vehicle accidents (e.g. car accident, motorcycle crash, semi truck accident, pedestrian accident, bike accident), defective premises (e.g. slip and fall, construction accident, failure to maintain property), and work injury (e.g. work accidents, workers compensation claims, defective products at work).
We Help Good People Who Have Been Harmed By Others
Unlike many law firms which operate on volume, or quantity, we instead choose to focus on seriously injured persons. Good people. Decent people. Those whose lives have been permanently changed because of others’ negligence or wrongful conduct.
Why should you have to pay for your medical bills, health insurance liens, lost income, and suffer inconvenience and loss of enjoyment of life because a driver or company was careless?
We believe in the justice system, and more specifically tort law founded in the Bible, which which holds that those who caused such losses are accountable to compensate the injured party — the wronged party — for such harms and losses.
My firm is not, however, a volume law firm. We limit our practice to clients who are good people who have been seriously injured due to others’ wrongful conduct. Because we focus on a smaller number of quality clients who have important injury claims, we can provide every client with personal attention and service.
- We keep you involved at every stage of the process — this is your case!
- You don’t get lost in a volume law firm bureaucracy — we find that annoying and embarrassing
- We are not part of any TV or radio “referral service” — ugh
- We promptly return your phone calls
- We keep you advised as to the status of your case
An initial consultation is free.
After you’ve had time to search for a personal injury lawyer in Southwest Florida, and ask questions, we’re confident turn to us to review or fight your serious Florida personal injury claim.
Since 1995, trial attorney David Harris has personally handled a wide range of personal injury and wrongful death claims, including car accidents, truck accidents, slip and fall accidents, motorcycle accidents, pedestrian accidents, defective products, and more. Many of these cases have involved serious or catastrophic personal injury or wrongful death.
Contact Us Today — No Win, No Fee
At the Harris Law Firm, PA, we pursue your personal injury on “no win, no fee” basis. In other words, we do not receive a fee unless we recovery money for you. This is also known as a “contingent fee,” because the fee is contingent upon recovery.
If you don’t recover compensation for your personal injury claim, then you don’t have to pay any legal fees.
In Southwest Florida, a dedicated attorney will serve your needs whether you are in:
- Lee County
- Fort Myers, Fort Myers Beach, Bonita Springs, Cape Coral, Estero, Lehigh Acres, North Fort Myers
- Collier County
- Naples, Golden Gate, Immokalee, Marco Island
- Charlotte County
- Port Charlotte, Punta Gorda, Englewood
- Hendry County
- Clewiston, LaBelle
- Sarasota County
- North Port, Sarasota, Venice
and beyond.
Call us today.
Thanksgiving Wishes
We live in challenging times. Despite whatever obstacles each of us faces, we reflect at this time of year upon all of our blessings.
Count them. They really do add up. From the seemingly smallest, to the largest, gifts in our lives, each of us has reason to give thanks. Take a moment to reflect upon your special gifts.
As we enter one of the busiest travel times of the year, hustling and bustling to get to family, friends, or other loved ones, and sometimes rushing to do so, please take a moment and realize those loved ones want you to get there safely and soundly. This means using common sense, being vigilant about others on the road who are not, and taking those few extra moments to reflect on what is important instead of racing to shave a few extra minutes (and that’s all it ever is) off your travel time.
Happy Thanksgiving. God Bless.
****
About the Author: David Harris is a Florida injury lawyer and trial attorney who focuses on helping injured persons and their families recover legally and financially from their serious harms and losses following serious and catastrophic personal injury and wrongful death matters, including car accident, motorcycle accident, semi truck accident, and similar mishaps which devastate families. David has a unique depth of experience which he puts into practice for each and every client. His litigation and trial experience includes cases involving brain injury, spinal injury, wrongful death, herniated discs, orthopedic injury, amputation, paralysis, and more, stemming from auto accident, motorcycle accident, trucking accident, slip and fall, defective products, construction accidents, and other forms of negligence. Because the Harris Law Firm PA is selective, they have the flexibility to represent seriously injured persons and families throughout Southwest Florida, whether they are in Charlotte County (Englewood, Port Charlotte, Punta Gorda), Collier County (Everglades City, Golden Gate, Immokalee, Marco Island, Naples, Ochopee), Glades County (Moore Haven, Palmdale), Hendry County (Clewiston, Felda, LaBelle), Highlands County (Lake Placid, Sebring), Lee County (Alva, Bonita Springs, Captiva, Cape Coral, Estero, Fort Myers, Fort Myers Beach, Lehigh Acres, North Fort Myers, San Carlos Park, Sanibel, St James City), Manatee County (Bradenton, Palmetto), Sarasota County (North Port, Sarasota, Venice), and beyond.
Use Common Sense and Avoid Mistakes After a Crash
Avoiding mistakes at a vehicle crash scene can be important for both your health, and preserving a claim against the party who caused your harms and losses. Here we provide some tips on keeping it together, and being your own advocate as you maneuver through the claims process to pay for your medical bills, lost wages, and related harms and losses.
1. Avoid the mistake of failing to call the police. Not only do they perform the preliminary investigation, including witness identification and interviews, but they establish the incident in official records.
2. Avoid the mistake of failing to be treated by EMS and taken to the hospital. If you’re hurting, then don’t take chances with your health. There may be more going on than you realize, and your post-accident haze can cloud your judgment. It’s worth the time and bill to identify your injuries so they can be treated, and to avoid even more serious injuries or worsening of your condition caused by non-treatment.
3. Avoid the mistake of failing to notify your insurance company. You should report the accident to your insurance company as soon as you reasonably can after the accident. Your insurance policy likely requires you to give them notice of the auto accident as soon as possible after the collision. This does not mean that you should be lulled into thinking they are looking out for you. They’re not. Insurance companies universally want to protect their shareholders’ money.
4. Avoid the mistake of failing to contact an experienced personal injury lawyer after your car accident. At the Harris Law Firm PA, for example, you will speak to an experienced, principled, and driven personal injury attorney who serves Southwest Florida, including Ft. Myers, Cape Coral, Lehigh Acres, Naples, Port Charlotte, Punta Gorda, and beyond.
5. Avoid the mistake of giving the negligent driver’s insurance company a statement. Giving a statement to them is designed to help them. Contact an experienced accident lawyer at the Harris Law Firm first.
6. Avoid the mistake of signing forms that the insurance company wants you to sign. Do you have any idea what it is that you are signing? Contact an experienced injury attorney at the Harris Law Firm first.
7. Avoid the mistake of failing to know your harms and losses. If you’re hurt, then find a doctor and obtain an exam and treatment (including after that ER visit right after the traffic crash). This is about getting better. In order for your doctors to help, you have to tell your doctor what all of your injuries are. Keep it real. Tell the truth. Do not exaggerate.
8. Avoid the mistake of not asking questions of your doctor. Question Your Doctor In Personal Injury Cases about his experience dealing with the types of injuries you have suffered, his treatment plan, his prescription or nonprescription medication suggestions, the tests he will perform, his willingness to prepare a report or testify at your trial, the permanence of your injury, the frequency of follow-up visits, and whether he plans to refer you to other specialists for your injuries. In this way, both you and your doctor will be prepared if your case goes to trial.
9. Avoid the mistake of failing to keep records of all of your medical bills, and of the expenses you spent going back and forth to the doctors. Keep your receipts for co-pays and deductibles.
10. Avoid the mistake of not telling your lawyer and treating physicians the whole truth. If you have had any past accidents or injuries or serious illnesses, then let them know. Insurance companies pool their information into national databases, so they will find out how many accidents you have been in and how many times you have made an injury claim. If you lie about your past (or anything for that matter), then your case is dead.
11. Avoid the mistake of exaggerating your activity level before and after the car accident. Don’t even go there. Insurance companies routinely hire private investigators to conduct videotape surveillance. Lying about or exaggerating your injury, such as saying you cannot do strenuous activities while an investigator is taping you fixing a roof or playing tennis, is a dead end. Be honest about what you can and cannot do, your limitations and restrictions.
12. Avoid the mistake of having embarrassing, or contradictory, social media content. Facebook, MySpace, and other social networking sites have been used by insurance companies and defense lawyers to embarrass and discredit legitimate personal injury victims. This typically arises when a seriously injured accident victim posts content which is graphic or shows the accident injury victim engaged in activity he or she said they could not do. Even when there is a reasonable explanation, the damage to the case can be already done.
Contact Us
At the Harris Law Firm PA, you can speak to an experienced, principled, and driven injury lawyer who serves you from the first phone call until the end of the case. We serve Southwest Florida injury victims and their families throughout Ft. Myers, Cape Coral, Lehigh Acres, Naples, Port Charlotte, Punta Gorda, and beyond. Just call us to evaluate your claim. Maybe we can help.
Construction Accident Lawyer May Make the Difference
The Occupational Safety and Health Administration (OSHA) reports that the construction industry is one of the most hazardous industries for American workers. Every year, there are hundreds of fatalities and thousands of serious injuries, including severe burn injury, head injury, paralysis, amputation, brain injury, spinal cord injury, broken bones, and more.
In Southwest Florida, we know all too well from our commercial building industry, residential building industry, and local road projects, that construction accidents can have devastating consequences for dedicated workers who take pride in their work, support their families, and build our community.
Types of Construction Injuries
Among the examples of types of serious construction accidents locally, consider the following which have all occurred recently (within the past 18 months) in Southwest Florida:
- gas line explosion resulting in catastrophic burn injury
- falls from elevations which have resulted in death
- being struck by an object which has resulted in death
- worker caught between objects or equipment resulting in death
- electrical shock resulting in death
Construction accidents not only affect the injured worker but often impact those living or working in close proximity to the accident site. The recent, tragic, TECO gas line explosion exemplifies this.
Construction Accident Lawyer
A construction accident lawyer can help accident victims understand their rights and recourses when injuries result from a construction site accident. Notably, workers compensation is typically inadequate to provide the lifetime medical care and recovery needed to remain financially stable. Moreover, workers comp is notorious for delaying claim payments, denying claims, or otherwise playing games with construction accident victims’ lives and financial stability.
Third parties — meaning non-employer parties — may be liable for the construction accident. In such cases, if another company or entity was negligent causing or contributing to the injury, then the construction worker may seek recovery from both workers comp and that non-employer third party. Contact a construction accident attorney to provide additional information.
Construction and Road Project Accident Injuries
Construction workers may be injured on the job through no fault of their own. Some of the common causes of injuries at construction sites include:
- defective premises
- mislaid gas pipeline
- defective or improperly constructed scaffolding
- falling objects
- defective equipment
- fires
- explosions
- being struck by a vehicle
- product defects
- roof collapse
- forklift defects
- electrocution
- negligence of other companies (non-employers)
Sadly, any worker can become a victim. A construction accident attorney with experience in construction accidents can make a difference for those injured by events at a construction site. Construction accident litigation can be complex, and choosing an experienced personal injury attorney as soon as possible following a tragedy may be the best way to protect your rights.
Compensation for Injured Construction Accident Victims
As noted, workers compensation is rather limited, and often there are other companies or contractors responsible for serious road project injuries. Compensation recoverable from negligent third parties may include:
- current and future medical expenses
- pain and suffering
- loss of income or future earnings
- advanced medical intervention
- life care planning
- loss of companionship or support
- loss of enjoyment of life
- punitive damages for reckless conduct
Contact us today to speak to a construction accident attorney who puts clients first. Your call is confidential and the claim evaluation is free.
Serious Lawyer for Serious Accidents: Fighting for You
Consider this when choosing an attorney: I know. I understand. I’m here for you.
In Ft Myers, Cape Coral, Lehigh Acres, Naples, Port Charlotte and other parts of Southwest Florida, only a moderate number of car accident victims ultimately seek to recover, fair, just, and full compensation for their serious injuries.
We’re here to help. In serious accidents, you need a serious personal injury attorney, and you need to make a wise choice. The do-it-yourself approach is certainly fine in small, minor claims. But when you or a family member has suffered serious harms and losses because of a car accident, motorcycle accident, or semi truck accident, then there is an experienced, principled, and dedicated law firm to turn to: the Harris Law Firm PA.
From handling the intricacies of insurance paperwork to filling out confusing forms, we’re here to help you every step of the way. We prepare the settlement demand package, and if appropriate relief is not promptly forthcoming, then with your input we file an accident lawsuit seeking just compensation for your injuries, harms, and financial losses.
How am I so confident I can help you? How do we get there? Experience.
I have been providing excellent legal services for victims of vehicle accidents for more than a decade, and have handled virtually type of vehicle accident claim (i.e. auto accident, motorcycle accident, car-truck accident, etc.) out there. What’s more, I have handled virtually every injury type (i.e. broken bones, brain injury, spinal injury, paralysis, herniated disc, amputation, wrongful death) which occurred in vehicle collision claims. Through it all, I have put the client first and engaged in principled, dedicated, aggressive advocacy my clients have come to know and expect from a top-tier lawyer.
I have worked hard for, and am very proud of, my experience and record of achievement.
Understanding How Your Harms and Losses Have Changed Your Outlook, Your Needs, Your Future
I take my job serving you very seriously. I believe in what I do. I know that compensation for injury and death caused by negligence is founded in The Bible, and those roots matter to me. I do understand how difficult it is to sustain serious and permanent injuries or lose a family member due to other party’s negligence or carelessness.
At such a difficult time — a crossroads — in your life and the life of your family, the last thing you need is to battle an insurance company which, frankly, is not looking out for your best interests. Moreover, during such a trying time, aside from the physical pain, you carry the burden of paying for your medical treatment as well as lost income. We understand serious vehicle accidents carry serious burdens and consequences for the victims. We’re here for you.
In Your Time of Need, Call Us
We are always geared up to fight for your rights. If you, or your loved one, have been permanently injured in a serious car accident, motorcycle crash, or semi truck accident,and you need legal help: Call us. We are here to help you. Holding the negligent parties accountable for their wrongdoing, seeking to secure your financial future in a time of uncertainty, and fighting for you every step of the way.
Contact an experienced personal injury attorney and accident lawyer at the Harris Law Firm PA today. In Southwest Florida, a dedicated injury attorney will serve your needs whether you are in Charlotte County (Englewood, Port Charlotte, Punta Gorda), Collier County (Everglades City, Golden Gate, Immokalee, Marco Island, Ochopee), Glades County (Moore Haven, Palmdale), Hendry County (Clewiston, Felda, LaBelle), Highlands County (Lake Placid, Sebring), Lee County (Alva, Bonita Springs, Captiva, Cape Coral, Estero, Fort Myers, Fort Myers Beach, Lehigh Acres, North Fort Myers, San Carlos Park, Sanibel, St James City), Manatee County (Bradenton, Palmetto), Sarasota County (North Port, Sarasota, Venice), and beyond. Call us today.
Texting While Driving: Danger Ahead
Texting while driving is the act of composing, sending, or reading text messages, email, or making other similar use of the internet on a mobile device, while operating a motor vehicle, such as an automobile, truck or train.
Distracted driving can come in many forms, whether tuning the radio, adjusting the car’s GPS, talking to passengers, and talking on the cell phone; however, texting while driving simply seems as such an obvious distraction, we wonder why anyone tries it. After all, “multi-tasking” can be a great skill, but the skill you need when driving a car or truck is simple: focus. Focus on the road, traffic conditions, weather conditions, and getting to where your going. There really is no need to focus on all these other things. That text message can wait.
Texting while driving leads to increased distraction behind the wheel. Studies have reported that almost 50% of teens admitted to being distracted behind the wheel due to texting. Because texting is so popular among all age groups nowadays, the number of texting while driving incidents has skyrocketed. But consider,
The testing and studies on the dangers of driving while sending a text message from a cell phone, or driving while texting, have provided evidence that retrieving and, in particular, sending text messages, has a harmful effect on a number of safety-critical driving measures:
- Failing to observe road signs
- Failing to detect hazards
- Time spent with eyes off the road
- Altered driver position for sending text messages
A recent university study found the following results:
| Cell phone task | Risk of crash or near event crash |
|---|---|
| Light Vehicle Dialing | 2.8 times as high as non‐distracted driving |
| Light Vehicle Talking/Listening | 1.3 times as high as non‐distracted driving |
| Light Vehicle Reaching for object (i.e. electronic device…) | 1.4 times as high as non‐distracted driving |
| Heavy Vehicles/Trucks Dialing | 5.9 times as high as non‐distracted driving |
| Heavy Vehicles/Trucks Talking/Listening | 1.0 times as high as non‐distracted driving |
| Heavy Vehicles/Trucks Use/Reach for electronic device | 6.7 times as high as non‐distracted driving |
| Heavy Vehicles/Trucks Text messaging | 23.2 times as high as non‐distracted driving |
Pretty scary, right? Consider that last entry. A truck driver is 23 times more likely to crash when driving while texting compared to simply driving the truck.
Contact Us
If you or someone you know has suffered serious personal injury in an auto accident, motorcycle accident, or trucking accident caused by another motorist’s driving while texting, then call an experienced accident lawyer at the Southwest Florida Harris Law Firm PA to fight for you.
We know that careless driving and vehicle crashes caused by texting while driving result in good people getting seriously hurt — sustaining significant physical harms and large financial losses. We’re here to help you through this difficult and challenging time, seek to hold those reckless drivers responsible for their actions, and fight for just compensation to make up for your harms and losses.
Tire Safety: Preventing Tire Blow Outs and Tragedy
Tire blowouts, tire failure, aged tires, and tire tread separation can lead to devastating highway crashes and roadway accidents. Just in the last year, there have been almost a dozen traffic fatalities due to tire blowouts in Southwest Florida on I-75/Interstate 75 from Bradenton to Alligator Alley in Collier.
Manufacturers, retailers, and resellers know when they are selling you old tires — known as “aged tires” — which put you and your family at risk. These tires may have never been used and indeed look and feel “new.” The problem is many tires on the shelves at tire retailers are old, never-used, aged tires.
Be vigilant and aware for your next tire purchase. Ask the right questions, know the answers you want, and know what to look for yourself.
Basic Tire Facts
Most tires are estimated to last between 60,000 and 80,000 miles. More important than mileage, you need to know the age of the tire. When was it manufactured? The fact is rubber — both natural rubber and synthetics — degrade, or deteriorate, over time. Here in Florida, because of the heat, this deterioration process is even faster, leading to tires becoming more brittle and prone to blowout or tread separation (also known as “de-tread”).
So a “new” tire sold at a popular tire retailer may be rated for 60,000 miles, but is already 4-5 years old. The National Highway Traffic Safety Administration (NHTSA) recommends replacement every 6 years, regardless of mileage or use. Most tire and auto manufacturers, however, provide recommendations for “shelf life” of new tires ranging from 6 to 10 years. See the conflict?
A tire retailer or auto dealership also may keep a tire in inventory for several years before installing it on a car. As a result, the consumer will not receive a “brand new” tire at the beginning of its shelf life. Accordingly, check the manufacture date to calculate how long the tire should be safe to drive and to ensure that tires past their expiration date are not installed on your vehicle.
How to Decode the Tire
While for many years the tire information was printed on the tire’s inner sidewall (meaning the consumer would have crawl under the vehicle with a flashlight to locate the information written in virtual hieroglyphics), today this information is printed on the outer sidewall close to the rim.
Below is NHTSA’s diagram on how to decode the tire information. Bureaucrats wrote this — I didn’t — so don’t shoot the messenger.
The basics you need to know now: you will first see “DOT.” The DOT stamp indicates the tire meets federal Department of Transportation standards (which isn’t much). This is followed by 2 numbers or letters, which are code for where the tire was manufactured.
Following the manufacturer ID are four numbers, which reveal the tire’s age. The first 2 numbers are the week the tire was made, and the last 2 digits are the year the tire was made. So, for example, if the tire reads “1007,” then you know the tire was manufactured in the tenth week of the year 2007.
Your Car Tires. Your Spare Tires. Your Motorcycle Tires. All Tires!
The actual tire age also is important when considering vehicles not used very often, like RVs or motorcycles driven only every so often or on a trailer pulled behind a vehicle. In these cases, tires may be dangerously degraded even if there is plenty of tread left on the tire.
One tire that is often overlooked is the spare. Most people don’t think about it until they need it. In other cases, if it is a full -size tire and not an “emergency” tire, a dealer or service center may pull the spare and put it in rotation with the vehicle’s other tires. If the spare has been hidden away in the trunk for several years, it may be out of date.
Tire Blowout Accidents
If you or a loved one have been seriously injured, or a family member killed, as the result of a aged tire accident, tire blowout accident, or tire de-tread accident, then contact a tire defect lawyer at the Harris Law Firm PA today. We will investigate the the accident claim as well as the defective tire product liability claim on your behalf. The tire retailer, tire manufacturer, car dealer, or tire reseller may be at fault and responsible for your injuries because they sold you or a loved one a dangerous aged tire which led to a blowout crash or tread separation crash.
Contact a tire blowout accident attorney today at our firm.
Child Safety In and Around Cars
Ft Myers personal injury lawyer David Harris provides these child safety tips as a public service to our readers. Remember, prevention is paramount.
We’ve all seen the news stories about children being injured, or even killed, by cars (including family vehicles) backing up or rolling forward over them. These horrific tragedies are preventable in most circumstances (we say “most” because there have been cases where vehicle defects led to these devastating accidents).
There are some really good safety tips available from kidsandcars.org:
- Walk around and behind a vehicle prior to moving it.
- Know where your kids are. Make children move away from your vehicle to a place where they are in full view before moving the car, and ensure that another adult is properly supervising children before moving your vehicle.
- Teach children that parked vehicles might move. Let them know that they can see the vehicle, but the driver might not
be able to see them. - Consider installing cross view mirrors, audible collision detectors, a rear-view video camera and/or some type of back
up detection device. Make sure these devices are “on” and functioning properly. - Measure the size of your blind zone (area) behind the vehicle(s) you drive.
- Be aware that steep inclines and large SUV’s, vans and trucks add to the difficulty of seeing behind a vehicle.
- Consider retrofitting your vehicle(s) with rear sensor system safety technology if you do not have it. There are cost-effective and simple-to-install kits available. When you purchase a new car, be sure to ask for rear sensor system safety technology.
- Always set the emergency brake, and teach your children to never play in, around or behind a vehicle.
- Keep toys and other sports equipment off the driveway.
- Homeowners should trim landscaping around the driveway to ensure they can see the sidewalk, street and pedestrians clearly when backing out of their driveways. Pedestrians also need to be able to see a vehicle pulling out of the driveway.
- Never leave children alone in or around cars; not even for a minute.
- Keep vehicles locked at all times; even in the garage or driveway.
- Keys and/or remote openers should never be left within reach of children.
- Make sure all child passengers have left the car after it is parked, and be sure to hold children’s hands when leaving the vehicle.
- Be especially careful about keeping children safe in and around cars during busy times, schedule changes and periods of crisis or holidays.
- Advise children of the 10 foot blind zone around bus perimeters and that they should not play or push in line at the bus stop, especially as a bus approaches. They should never retrieve an article dropped in front of a bus without getting a signal from the driver that it is okay to do so.
Great, common sense, tips to protect our most precious and vulnerable gifts.
Auto Accidents & Cell Phone Use in Southwest Florida
Cell Phone Car Accidents in Southwest Florida Can Cause Serious Personal Injury
It seems as though everyone — seniors, middle-aged, young adults, teens, children — has a cell phone. There are more than 150 million of these devices in The U.S.
Cell phones, and all of their texting, search, and media functions, are very useful and have modernized our ability to contact each other seemingly at any time. Mobile phones, however, can be very big distractions when used on the road. Several States have banned using cell phones without hands-free devices while driving, in order to lower the number of accidents caused by distracted drivers.
If you have been the victim of an auto accident because another driver was distracted with talking on their cell phone, texting while driving, or emailing while driving, then you may be able to file a claim to obtain compensation for your injuries. Call the Harris Law Firm PA, today for a free evaluation of your claim.
Cell Phone Accident Lawyer
Distracted drivers appear to be plaguing our roadways. Next time you are on the road, and stopped at a traffic signal, just take a look in your rear view mirror, in front of you, and to your sides, and you’ll likely see what we see every day: drivers talking on their cell phones without headsets, earbuds, or hands-free devices, as well as many others seemingly texting or emailing. It can be a true reckoning with reality, placing more pressure on you to drive defensively at all times.
If a distracted driver on a cell phone caused an accident resulting in your serious injuries, then you need to speak with a car accident lawyer at the Harris Law Firm PA.
Personal injury attorney David Harris has handled countless car accident cases in Southwest Florida, and can offer you experienced and knowledgeable legal assistance. You may be able to recover damages for the following:
- medical bills
- lost income
- loss of enjoyment of life
- pain and suffering
- family member losses
- hospital bills
- therapy bills
- rehab bills
If you have been injured in a car accident due to a distracted driver on a cell phone, then you may be able to recover compensation for your injuries and property damage. Contact a Fort Myers Cell Phone Accident Lawyer at the Harris Law Firm PA to discuss your case. We serve clients throughout Southwest Florida, including Ft. Myers, Cape Coral, Naples, Lehigh Acres, Port Charlotte, Punta Gorda, LaBelle, and beyond.
Your Personal Injury Lawyer. Your Advocate. Your Champion.
This may be the first time — and hopefully the last time — you will search for a Florida personal injury attorney.
For you to be here, something serious must have happened in your life which has caused great disruption, pain, and anguish. This has likely spilled over to dramatically affect your family, as well.
I’m personal injury attorney David Harris of the Harris Law Firm, P.A. I built my law practice to help the seriously injured. People like you, who through no fault of their own, were going about their normal lives when others’ negligence intervened and caused such pain, hardship, and loss.
Want Personal Attention and Service? That’s What You Get at the Harris Law Firm PA.
At the Harris Law Firm, we represent seriously injured clients with valid claims. Unlike many other injury law firms — which operate on volume, or quantity — I focus on quality.
Because I focus on a smaller number of quality clients who have important injury claims, I can provide each and every client with personal attention and service.
- I return your phone calls
- I give you my cell phone to reach me after hours
- I come to your home or hospital as needed
- I keep you advised as to the status of the case
- I keep you involved at every stage of the process
- I give you my advice as to whether your case should be settled or whether we should go to trial
- You don’t get lost in a large law firm bureaucracy
- Your case gathers no dust, and is not buried under others
An initial consultation is free, and I will fully explain all fees and costs to you before proceeding. Together, as a team, we will decide on the next legal steps best suited for you and your family.
Brain Injury Lawyer Serving the Seriously Injured in Southwest Florida and Beyond
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.
Trucking Accident I-75 Injures Cape Coral Resident
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.
Lawyer Helping Pedestrian Accident Victims
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?”
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.
Before You Claim Medical Malpractice . . .
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.
Personal Injury Lawyer Dedicated to Results
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.

