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Archive for August, 2017

Florida Supreme Court Strikes Down Cap on Medical Malpractice Non-Economic Damages

Posted on: August 24th, 2017 by pmilakovic No Comments

A recent development in personal injury law could mean increased awards for plaintiffs.  Your trusted advisors at the offices of Bryan W. Crews are ready to evaluate your case and advocate on the behalf of plaintiffs in Orlando, Florida.

This June, in North Broward Hospital District v. Kalitan, the Florida Supreme Court ruled that a Florida statute limiting the amount that a personal injury victim could recover in noneconomic damages was unconstitutional.  The statute, § 766.118, capped the amount that a plaintiff could recover for noneconomic damages at $500,000 and $750,000 for practitioners and non practitioners respectively.  Finding the law unconstitutional, the court held that the limits “arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries.”

Noneconomic damages are sometimes referred to as pain and suffering damages.  Economic damages are generally awarded to cover the cost of medical expenses and your inability to earn, or loss of, income.  Medical bills and wages are easy to quantify but are often not nearly as detrimental as the emotional anguish that plaintiffs suffer.

In the North Broward case, the plaintiff went to the hospital for carpal tunnel surgery.  When anesthesia was administered, “one of the tubes perforated Plaintiff’s esophagus.”  After surgery, the plaintiff complained of “excruciating pain in her chest and back.”  The anesthesiologist ordered a drug for the pain and sent the plaintiff home.  The next day the plaintiff was found unresponsive, rushed to the hospital, and underwent “lifesaving surgery to repair her esophagus.”  In addition to a series of surgeries, and her ongoing recovery, the plaintiff suffered “serious mental disorders as a result of the traumatic incident.”

The plaintiff was awarded “$2 million for past pain and suffering and $2 million for future pain and suffering,.”  However, “the noneconomic damages award of $4 million was reduced by close to $2 million,” and then further reduced “by about $1.3 million, as the Hospital’s share of liability was capped at $100,000 by virtue of the hospital’s status as a sovereign entity.”

Plaintiffs that suffer the same type of grievous and catastrophic injury as the plaintiff in the North Broward case will no longer have their pain and suffered damages limited by § 766.118.  Plaintiffs and their families suffer ongoing trauma that cannot be measured in terms of medical bills and wages.  The personal injury attorneys at the offices of Bryan W. Crews handle medical malpractice cases in Orlando, Florida, and actively seek the fullest possible recovery for all our clients.

Assault and Battery: Intentional Torts and Personal Injury Law

Posted on: August 22nd, 2017 by pmilakovic No Comments

The majority of personal injury cases concern accidents and careless behavior.  But, some injuries are the result of intentional behavior.  If you are a victim of assault or battery, whether criminal charges are filed, you have a right under the law to compensation.

Criminal and civil courts serve different functions.  State and federal governments are charged with prosecuting criminal behavior and administering justice on behalf of the people.  Prosecutors serve the public by bringing criminal charges against those suspected of breaking the law.  Under Florida law, a batter occurs “when a person: actually and intentionally touches or strikes another person against the will of the other; or intentionally causes bodily harm to another person.”  Battery is classified as a first degree misdemeanor.  However, prosecutors represent the people, not you.

A tort is most simply defined as a civil wrong.  While someone that is found guilty of assault or battery is criminally liable, they may also be civilly liable.  The criminal justice system is primarily concerned with enforcing the law, not making victims whole again.  Victims of assault or battery can seek redress for their pain and suffering, and economic injuries through civil courts.

A battery is an unwanted or offensive touching of another.  Assault does not require contact or touching.  Assault occurs when somebody is held in “reasonable apprehension of imminent and harmful contact.”  In everyday nomenclature, many people confuse battery for assault.  Even if someone does not commit violence, the mere fear that violence will occur could be grounds for liability in a civil suit.

Prosecutors do not always have enough evidence to bring criminal charges.  One of the reasons for this is that the standard of proof in criminal cases is very high.  Beyond a reasonable doubt is the highest standard of proof in the legal system.  Civil cases employ the preponderance standard or the clear and convincing standard.  Both civil standards require less proof.

Intentional torts are not limited to assault or battery.  False imprisonment is defined as a sufficient act of restraint that confines the plaintiff to a bounded area.  The plaintiff must be able to show that the plaintiff intended the confinement or that the defendant knew his or her actions would lead to confinement.  The defendant is not liable for false imprisonment if the confinement is the result of negligence.  Confinement is defined broadly and the plaintiff must show that they were prevented from leaving a certain area.  Defendants may use the threat of force or feign legal authority to carry out the false imprisonment.  It is key that the plaintiff be aware of the confinement otherwise liability will not attach.  The confinement need not last for a long time but if the plaintiff has a reasonable means of escape, such as an open door, there is no imprisonment.

Other intentional torts such as intentional infliction of emotional distress, trespass to land, and trespass to chattel are grounds for a lawsuit in civil court.  Know that criminal prosecution is not the only available means of justice.  While a criminal conviction brings a sense of closure to victims and their families, it does not necessarily bring economic restoration for the economic loss and mental anguish.

Bryan W. Crews is a personal injury attorney practicing in Orlando.  If you or a family member are the victim of an intentional tort, contact the offices of Bryan W. Crews for a case evaluation.  We draw on our years of experience, and sterling reputation to advocate on your behalf.  Bryan W. Crews puts clients first, please contact us today to evaluate the merits of you case.

Hire a Winter Park Truck Accident Lawyer

Posted on: August 20th, 2017 by pmilakovic No Comments

Truck accidents are often very harmful and according to federal statistics, in 2015 over over 50,000 large trucks were involved in injury related accidents. Many of these accidents are the result of negligence. Contributing factors may be the driver’s inexperience, fatigue, overloaded vehicles, equipment failure, speeding, or driving under the influence (DUI).

Last year in Florida alone there were over 40,000 accidents involving commercial vehicles.  Thousands of men and women are injured as a result of these accidents and sadly many of these accidents are fatal.  If you or a loved one were injured in a trucking accident in Winter Park, Florida, you may be permitted to financial damages for pain and suffering.  Benefits may include reimbursement for medical bills, compensation for damage to property, lost income, or financial damages for pain and suffering.

In the event you or a loved one were in a truck accident in Winter Park, Florida, including semis, dump trucks and tractor-trailers, call today to speak with Bryan W. Crews, a Winter Park truck accident lawyer, and receive a free case evaluation to understand your possible financial damages, and increase your chance of obtaining a favorable outcome.

How Can an Orlando Truck Accident Attorney Help Me?

Bryan W. Crews, your Winter Park truck accident attorney, can help you navigate the various groups involved in your case.  The truck driver and their organization might be liable for damages.  Bryan W. Crews, your Winter Park truck accident attorney, will advocate on your behalf to ensure that you receive excellent representation.  Trucking companies and their drivers often deny liability and may even refuse to take responsibility.  A Winter Park attorney help you establish liability and gather evidence to enhance your case and seek a reward based on your damages.

Insurance companies will immediately begin an investigation and their processes are typically designed to reduce or deny liability.  This may result in reducing or denying you or your loved ones compensation.  Contacting a Winter Park attorney as soon as possible is important because insurance companies may take statements from witnesses, take pictures of the accident, and examine vehicles in order to build their case.  The authorities will also open their own investigation.  This process is often stressful and Bryan W. Crews is prepared to help you and your family deal with this process as you recover.  Our office will work with highly qualified industry experts and provide you with diligent representation.

Slip and Fall Injuries in Orlando

Posted on: August 16th, 2017 by pmilakovic No Comments

Restaurants, retail stores, and other business establishments in Orlando and throughout Florida owe their patrons a duty to keep their walkways free from hazardous conditions.  Most businesses are proactive, keeping their premises safe.  But even the most prudent shopkeeper can overlook spills and other hazardous conditions.  If you have been injured in a slip and fall, call the offices of Bryan W. Crews, your Orlando personal injury attorney.

As an invited guest, or patron of a business, you are owed a duty of reasonable care.  This is the legal standard by which hosts and shopkeepers are evaluated under the law.  When someone is injured on the property of another, the question is whether the host or shopkeeper exercised, caution, performed diligent inspections, or acted rationally.  The most common question in slip and fall cases is whether the host or shopkeeper should have been aware of the hazard, and how long they waited before remedying the hazard.

For example, spilled produce or leaking refrigerators in grocery stores that are left unattended as the result of infrequent inspections are often grounds for liability.  Worn or damaged flooring such as raised flooring, torn carpet, or cracked sidewalks that go unrepaired can result in serious injury to guests or patrons.  Residents in apartment complexes or other communities that rely on grounds crews for upkeep are owed the same degree of care.  Common areas and walkways that are left in disrepair may also create a dangerous condition.

In any event, and regardless of the type of hazard, establishing liability is generally proven the same way.  A slip and fall plaintiff must be able to show that the host or shopkeeper created the risk, knew or should have known the risk existed and was negligent in repairing it, and left the hazardous condition for an unreasonable amount of time.  Each case is different and Bryan W. Crews, your Orland personal injury attorney will gladly evaluate your case.

An important factor in slip and fall cases is whether the property owner had actual knowledge of the dangerous condition.  The landowner may have received prior complaints about the dangerous condition or observed others falling or tripping over the same dangerous condition.  Courts may also allow evidence showing that the owner attempted to repair the hazard.

In May 2008, a man shopping at a Kroger in Douglasville, Georgia, was seriously injured when he slipped on a piece of crushed fruit near the deli counter.  As a result of the fall, his spinal cord required extensive surgery and was stabilized with rods and screws.  A landscaper by trade, he was no longer able to work and his medical bills came to $135,000.  During the trial, it was revealed that Kroger had taped over the security footage.  Kroger had failed to properly maintain their walkways, and a crushed piece of banana dramatically altered one man’s medical condition and his career.

You or a family member may be the victim of negligence.  If you have been injured as the result of a hazardous condition, Bryan W. Crews and his dedicated staff in Orlando can evaluate your case and pursue just compensation for your injuries.

Insurance Investigations and Personal Injury

Posted on: August 11th, 2017 by pmilakovic No Comments

An insurance investigation can compound the stress and anxiety of an accident.  To evaluate your claim, insurance companies may deploy investigators.  These investigators are hired to determine whether your claim is valid.  They do this in a number of ways, including interviews, photographs, video, surveillance, and requesting official reports.  The following are common procedures used by insurance companies.  If you or a family member have been injured, and are the subject of an insurance investigation, please contact Bryan W. Crews, your Orlando personal injury attorney.

The purpose of an insurance investigation is to confirm the merit of your claim.  The scope of an investigation can range from whether they suspect fraud to questioning the amount which you are owed.  Fabricated claims are rare, sometimes referred to as hard fraud.  More common, are claimants that inflate, or overstate, the severity of their claim.  Soft fraud is investigated not to discredit the basis of your claim, but to ascertain the true value of the claim.

Regardless of what the insurance company may suspect, if you have been injured, and are suffering, withstanding an insurance investigation can leave you exasperated.  Bryan W. Crews, your Orland personal injury attorney, can help you through an insurance investigation, and work on your behalf to resolve your claim.

Insurance adjusters look for a number of reasons to deny claim.  But where they will often start is with you, the insured.  Their initial inquiry will start with your own recollection.  However, if they are not satisfied, suspect fraud, or have some other reason to investigate further, they will, and you should seek competent legal counsel at the offices of Bryan W. Crews.

MEDICAL RECORDS

Hospital charts, medical bills, and other records are used to evaluate your insurance claim.  The insurance company may not trust you to send the records and go straight to the source.  If your insurance company asks you to sign a medical authorization form, proceed with caution, and consider calling Bryan W. Crews, your Orlando personal injury attorney.  Medical authorizations can vary, and some may actually give your insurance company authorization to request and review more than is necessary to evaluate your claim.  This additional information may be used to deny paying the full claim amount.

SURVEILLANCE

Insurance companies use private investigators to watch deceitful claimants.  A “severely injured” claimant that is observed playing basketball or washing their car will almost certainly be denied coverage.  Investigators may be used to verify other facts, such as income, or to interview other witnesses.  Your best course of action is to tell the truth and go about your business.

SOCIAL MEDIA

Avoid writing, posting, or commenting about your personal injury online.  This day and age it is almost a first instinct to share online that you have suffered a traumatic event.  If you choose to do so, insurance investigators may use your social media history to corroborate your claim.  Insurance investigators evaluating your personal injury claim will review comments and pictures.  Changing your privacy settings may help, but avoiding social media altogether is most prudent.

BE HONEST

If you speak to representatives from the insurance company without an attorney, be transparent, and do not attempt to exaggerate or embellish your story.  Being anything but forthright could draw unwanted attention, and cause an insurance adjuster to take a second look at your claim.  Volunteer the facts and try not to editorialize what happened.  If during the course of their investigation, they discover something that you should have shared, your credibility may be called into question.  Your mistake may be inadvertent, and the investigation can become intrusive, and the questions excessive.  The insurance company employs lawyers, and so should you.  Bryan W. Crews, your Orlando personal injury attorney, is an experienced lawyer and ready to help you deal with insurance investigators.

Truck Accident Lawyer in Orlando

Posted on: August 10th, 2017 by pmilakovic No Comments

In case you or even a family member is recently hurt in a truck incident in Orlando, a law firm might be able to assist you to file a lawsuit to recoup damages for any costs you might be burdened with. The whole process of collecting damage from the person in the wrong for your accident can be complicated; however, our Orlando truck accident attorneys possess the expertise required to fully grasp these kinds of scenarios.

Usually, a majority of these claims are going to be filed with the trucking provider who is the person who owns the vehicle, not the driver themselves, all of which will need the help of an Orlando trucking attorney possessing experience taking care of claims towards larger-scale defendants. At Bryan W. Crews, the legal professionals in our offices have successfully handled truck collision cases against significant trucking corporations and insurance carriers, and are well-versed on the Federal Motor Carrier Safety Regulations which could have an effect on your claim.

When you or your family member has been involved with a truck accident, you may have legal option. In order to understand how our truck wreck attorneys will be able to assist you to recuperate reparation as part of your losses, please submit our free case evaluation form now.

How Does an Orlando Truck Accident Lawyer Help Me?

Should you happen to be wounded or lost a spouse during a truck wreck in Orlando, there are many parties involved, such as the truck provider along with their operator, who may be to blame for your damages; even so, it isn’t really uncommon for these persons to argue fault or responsibility for the truck wreck. An Orlando truck attorney can assist develop accountability for your crash, get hold of proof to strengthen your own claim and help ensure compensation is sought from the appropriate parties.
After a collision, the trucking organization along with their insurance company will start an instant inspection of the area. These firms possess particular as well as thorough methods on dealing with truck crash cases designed to restrict the recuperation of the people seriously hurt in the wreck.

They may possibly document statements from witnesses, take photographs of the wreck scene, and examine the cars or trucks to determine the level of damage caused by the collision. State specialists might also generate their own unique analysis into the collision at this time, that can prove beneficial for your case. At Bryan W. Crews, our very own Orlando truck crash attorneys will continue to work with qualified industry experts to help in matching the official analysis.

Our Orlando Truck Wreck Attorneys can:

There are many of parties who can be liable for damages sustained in a truck incident, such as following:

Our attorneys have experience handling complex truck collision cases and understand how to clarify which party may, or may not, be responsible for your wounds. To help determine liability, our attorneys may investigate:

The cost of taking care of your traumas is likely to meet or exceed the total your Personal Injury Protection (PIP)insurance insures. To help accumulate injuries for the remainder of your losses, and also other losses, your Orlando truck accident lawyer could must engage in insurance talks and possibly, file a case for additional losses. Furthermore, in case you have lost a spouse in a truck collision, you might have the ability to a wrongful death suit. Hiring a knowledgeable Orlando attorney can help make sure you recuperate the settlement which you may be entitled.

Orlando Truck Crash Lawsuits

Personal wounds received in truck accidents could be severe, like brain injury, vertebrae damage, disfigurement, burns, bone fractures, lacerations, paralysis, or possibly death. Once PIP benefits had been exhausted, people with personal traumas beyond the “injury threshold” could chase even more payment.

Types of truck wreck lawsuits include:

Neglect: Lawsuits filed to recuperate pay out for losses endured during a truck crash can be based the truck driver’s disregard. Some frequent indications of neglect normally include:

To prevail from a neglect lawsuit, the actual injured will likely need to reveal the truck operator contained a obligation of care to other vehicles on the road, the driver breached this specific requirement through some action or failure to act, a personal injury was accrued, and also the breach of duty brought on the damage.

Now and again, the person who owns the transportation business in addition to administrator, the person who owns the wheeler, the business of the vehicle driver, along with their appropriate insurance providers may perhaps be liable following a wreck.
Product Liability: If a fault in the truck or maybe one of its parts led to the crash, there can be a practical claim from the product maker(s). Defective products suits influenced by manufacturer’s carelessness will be needing the wounded party to show:

Defective products suits can certainly be sought within rigorous obligation in which evidence of neglect is unnecessary; however, claimants must verify the issue originated in the manufacturing process to succeed. This will certainly need exploration, screening, and testimony by industry experts.

Wrongful Death: Oftentimes, truck accidents are quite serious which the subject doesn’t survive the wreck. In some cases, the family could bring a claim on the part of his or her’s loved one to recoup payment for his or her losses. Wrongful death cases have to have the family to show the identical details as the departed, had they made it through and went after a claim independently. An Orlando truck accident attorney can assist members of the family recover economic, non-economic, and, in some instances, punitive damages for the loss of her or his family member.

Punitive losses may be applicable if the defendant’s actions causing the injury were willful, malicious, or intentional. Punitive injuries serve to punish the offender and dissuade similar behavior in the future.

In the event you have been in a truck collision, contact an Orlando truck accident attorney immediately. Similar to claims in other practice areas, we have a short period of time you have to file an insurance case or bring a case against another party. To find out how our Orlando truck wreck attorneys should be able to allow you to, please fill out our free case review form today.

 

Florida Supreme Court Strikes Down Cap on Medical Malpractice Non-Economic Damages

Posted on: August 6th, 2017 by pmilakovic No Comments

A recent development in personal injury law could mean increased awards for plaintiffs.  Your trusted advisors at the offices of Bryan W. Crews are ready to evaluate your case and advocate on the behalf of plaintiffs in Oak Ridge, Florida.

This June, in North Broward Hospital District v. Kalitan, the Florida Supreme Court ruled that a Florida statute limiting the amount that a personal injury victim could recover in noneconomic damages was unconstitutional.  The statute, § 766.118, capped the amount that a plaintiff could recover for noneconomic damages at $500,000 and $750,000 for practitioners and nonpractitioners respectively.  Finding the law unconstitutional, the court held that the limits “arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries.”

Noneconomic damages are sometimes referred to as pain and suffering damages.  Economic damages are generally awarded to cover the cost of medical expenses and your inability to earn, or loss of, income.  Medical bills and wages are easy to quantify but are often not nearly as detrimental as the emotional anguish that plaintiffs suffer.

In the North Broward case, the plaintiff went to the hospital for carpal tunnel surgery.  When anesthesia was administered, “one of the tubes perforated Plaintiff’s esophagus.”  After surgery, the plaintiff complained of “excruciating pain in her chest and back.”  The anesthesiologist ordered a drug for the pain and sent the plaintiff home.  The next day the plaintiff was found unresponsive, rushed to the hospital, and underwent “lifesaving surgery to repair her esophagus.”  In addition to a series of surgeries, and her ongoing recovery, the plaintiff suffered “serious mental disorders as a result of the traumatic incident.”

The plaintiff was awarded “$2 million for past pain and suffering and $2 million for future pain and suffering,.”  However, “the noneconomic damages award of $4 million was reduced by close to $2 million,” and then further reduced “by about $1.3 million, as the Hospital’s share of liability was capped at $100,000 by virtue of the hospital’s status as a sovereign entity.”

Plaintiffs that suffer the same type of grievous and catastrophic injury as the plaintiff in the North Broward case will no longer have their pain and suffered damages limited by § 766.118.  Plaintiffs and their families suffer ongoing trauma that cannot be measured in terms of medical bills and wages.  The personal injury attorneys at the offices of Bryan W. Crews handle medical malpractice cases in Oak Ridge, Florida, and actively seek the fullest possible recovery for all our clients.

Truck Accident Lawyer in Kissimmee

Posted on: August 5th, 2017 by pmilakovic No Comments

For those of you who or perhaps a family member had been recently harmed in a truck accident in Kissimmee, a legal professional might be able to enable you to file a case to recuperate losses for any fees that you’re overwhelmed with. The whole process of obtaining injuries from the individual at wrong doing for the incident could possibly be complex; having said that, each of our Kissimmee truck accident attorneys contain the working experience needed to steer these kinds of cases.

Usually, these types of claims are going to be filed against the trucking organization that owns the vehicle, not the trucker themselves, all of which will need the help of an Kissimmee truck accident attorney who has experience working with claims against larger-scale defendants. At Bryan W. Crews, the attorneys within our offices have successfully handled truck accident claims against big trucking corporations and insurance carriers, and are well-versed from the Federal Motor Carrier Safety Regulations that may affect your case.

In the event you or your family member has been involved in a truck collision, you may have legal alternatives. To learn how our Kissimmee truck wreck attorneys may be able to assist you to retrieve settlement as part of your losses, please send in our free case review form immediately.

So How Exactly Does a Truck Incident Legal Representative Help Me?

When you have been harmed or suddenly lost your family member from a truck collision in Kissimmee, there are a number of persons, such as truck company in addition to their driver, who might be accountable for your claims; however, it isn’t uncommon for these persons to refute fault or liability for the truck accident. A Kissimmee truck attorney can assist set up liability for the wreck, acquire proof to enhance your claim and help make sure settlement is sought from the correct parties.


After a crash, the transportation organization as well as their insurance provider will start an immediate analysis of the site. These businesses have particular and specific procedures on dealing with truck crash cases intended to reduce the recuperation of the harmed in the collision.


They may document remarks from witnesses, take images of the crash scene, and look at the vehicles to look for the magnitude of harm brought on by the collision. State authorities may also launch their own examination into the accident at this time, which might show beneficial for your case. At Bryan W. Crews, all of our Kissimmee truck incident attorneys will continue to work with professional industry experts to assistance with matching the official investigation.

Our Kissimmee Truck Accident Attorneys can:

Our attorneys have expertise handling complex truck accident cases and understand how to clarify which party may, or may not, be to blame for your personal injuries. To help determine liability, our attorneys may investigate:

The expense of dealing with your injuries may surpass the total your Personal Injury Protection (PIP) insurance covers. For you to obtain reimbursement through out your injuries, and also other injuries, your Kissimmee truck accident lawyer could have to participate in insurance discussions and sometimes, file a legal case for additional losses. On top of that, when you have lost a loved one in a truck incident, you might have the ability to a wrongful death suit. Hiring a seasoned Kissimmee attorney may help ensure you recuperate the settlement that you could be entitled.

Kissimmee Truck Collision Lawsuits

Losses suffered in truck accidents might be extreme, which includes brain injury, spine damage, disfigurement, burns, bone fractures, lacerations, paralysis, and even death. When PIP benefits were exhausted, victims with losses surpassing the “injury threshold” could possibly go after additional pay out.
Types of truck incident lawsuits include:
Disregard: Lawsuits filed to recoup payment for damages sustained during a truck crash are frequently based the18 wheeler driver’s carelessness. Some popular warning signs of negligence normally include:

To triumph in a neglect lawsuit, the actual wounded will be required to display the 18 wheeler operator contained a task of care to other motor vehicles on the road, the operator violated this specific requirement through action or failing to do something, a trauma was suffered, and also the violation of requirement induced injuries.

Sometimes, the person who owns the transportation business and also boss, the person who owns the 18 wheeler, the business of the operator, as well as their appropriate insurance providers could possibly be at fault after a wreck.

Product Liability: Should a deficiency in the truck or possibly one of the components brought about the incident, there could possibly be a practical case versus the product producer(s). Product liability legal cases depending on manufacturer’s disregard will need the harmed party to demonstrate:

Defective products suits can even be sought in rigid obligation at which evidence of neglectfulness is unnecessary; then again, claimants must prove the fault originated from the manufacturing tactic to win. This may call for analysis, evaluating, and testimony by specialists.

Wrongful Death: Often, truck accidents are quite terrible that the subject doesn’t make it through the wreck. There are times when, relatives could bring a case representing her or his beloved to recuperate losses because of their loss. Wrongful death cases require family to show the same information as the deceased, had they live through and pursued a case independently. An Kissimmee truck accident attorney can help loved ones recover financial, non-economic, and, occasionally, emotional damages for the loss of his / her family member.
Punitive injuries may be applicable if the defendant’s actions causing the injury were willful, malicious, or intentional. Punitive injuries serve to punish the offender and dissuade similar behavior in the future.

In case you were in a truck collision, contact an Kissimmee truck accident attorney as soon as possible. Similar to cases in other practice areas, you will find there’s short period of time you will need to file an insurance case or bring a case against another individual. To learn how our Kissimmee truck accident attorneys could possibly assist you, please submit our free case review form today.

 

Personal Injury and the McDonalds Coffee Case

Posted on: August 2nd, 2017 by pmilakovic No Comments

Those injured as a result of negligence often do not realize what they are entitled to financially, and should speak with Bryan W. Crews, your Pine Hills, Florida, personal injury lawyer.

In 1992, Stella Liebeck, an elderly woman from New Mexico was severely burned, receiving third degree burns on sixteen percent of her body.  Ms. Liebeck spent eight days in the hospital where she received skin grafts.  In total, her recovery lasted two years.

The cause of Ms. Liebeck’s severe burns?  McDonald’s coffee brewed at dangerously high temperatures.  Perhaps you have heard of the case.  Ms. Liebeck’s case is often cited as support for the proposition that some personal injury cases are frivolous.  However, Ms. Liebecks injuries were not frivolous.

At the outset, desiring to cover her medical costs, Ms. Liebeck only demanded $20,000 in damages to compensate for her $13,000 bill.  McDonald’s refused, and offered a mere $800.  With the help of legal counsel, Ms. Liebeck sued, and was eventually awarded $160,000 in compensatory damages, and $480,000 in punitive damages.

Personal injury victims in Pine Hills, Florida, seeking legal representation can contact Bryan W. Crews for a case evaluation.  Ms. Liebeck’s story is common.  Personal injury victims often do not realize all that they are entitled to, and may even face resistance when seeking financial compensation.  Bryan W. Crews works tirelessly to seek the full compensation for his clients.

The facts and circumstances of personal injury cases are often complex, and require diligent representation to navigate the intricacies of Florida law.  Bryan W. Crews, a Pine Hills, Florida, personal injury attorney, can help you or your family member understand compensatory damages, punitive damages, the applicable statute of limitations, and the pure comparative negligence rule.

Each case is different, and results are not guaranteed.  That is why Bryan W. Crews and his dedicated staff work tirelessly to represent the interests of Pine Hills, Florida residents.  Like Ms. Liebeck, you may not know be aware of all legal options available to you for recovery.

What many do not know about Ms. Liebeck’s case is that McDonalds was brewing its coffee significantly hotter than industry standards.  During the course of Ms. Liebeck’s trial, the jury learned that hundreds of others were burned by McDonald’s coffee.  In other words, they knew, and did nothing.

If you or a family member have been the victim of negligence, please contact Bryan W. Crews today, your Pine Hills, Florida, lawyer to receive an evaluation of your case.

 

 

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