February 2018 - Bryan W Crews Archive

Premises Liability Claims That Your Personal Injury Attorney In Kissimmee Can Help You Deal With

Posted on: February 22nd, 2018 by ContentDev No Comments

In most states, owners of the property are obliged to maintain their premises and ensure they are safe. They are legally mandated to eliminate hazards on their property and to carry out regular repairs to ensure this; if there are any hazards, they are required to give fair warning of such hazards to visitors. If an individual gets injured on the premises due to the negligence of the owner – like non-provision of hazard warnings or not fixing hazards willfully, they can file for compensation for such injuries they sustain. As one of the leading personal injury attorneys in Kissimmee, FL, we at Bryan W Crews can help you seek damages. Here we will tell you about some of the types of claims you can file and what damages you can recover:

Types of Premises Liability Claims

Slips and Falls: If no proper notices were placed warning of wet floors, uneven pavement, slippery surfaces, ice and so on, and a visitor slips and falls, it constitutes negligence on the part of the premises owner.

Elevator or Escalator Accident: Those who get injured due to malfunctioning elevators or escalators may be able to file a claim against the property owner for non-maintenance and even the manufacturer of the defective equipment.

Inadequate Security leading to assault: If a certain property is situated in a high-risk area (where crime is high) the owner is mandated to provide adequate security. If an attack occurs because of the lack of security, the owner can be held liable for any injuries or damages arising out of such attacks; e.g – mall parking lots or office complexes.

Swimming Pool Accidents: If the pool is not adequately secured and/or barricaded, a visitor may fall in; if they don’t know how to swim, it can be potentially very dangerous as well.

Amusement Park Accidents: Florida abounds with amusement parks and these are full of rides and adventure activities with huge potential for accidents if the equipment is not maintained properly. Visitors can sustain minor to potentially fatal injuries.

What Kind of Compensation Can You Recover in a Premises Liability Suit?

As a Kissimmee accident attorney, Bryan W Crews can help you to claim compensation for the following:

Medical Bills: You can claim compensation for medical expenses you incurred as a result of the injuries sustained on the owner’s property. This can include surgery, hospitalization, therapy and rehabilitation, medicines, doctor fees and so on.
Loss of wages: If your injury is severe, you may not be able to return to work for an extended period of time, leading to loss of wages for that period. As a victim of a premises injury, you can claim compensation for lost wages and if the injury results in disability, you may even be able to claim for decreased future earnings.
Emotional trauma: Depending on the severity and the circumstances of your injuries, you may be able to claim compensation for the emotional pain and trauma you suffer in addition to the physical injury.
Wrongful Death: In some cases, the injury may be so severe that it results in the death of an individual. In such an instance, the family can file a claim for wrongful death; this could include compensation for lost income of the deceased, emotional suffering resulting from the loss of a loved one, and so on.

If you or your loved one has suffered injuries as a result of negligence on the part of a property owner, we at Bryan W Crews can help you assess your case and advise you regarding the compensation you can claim. Call us today for a FREE case evaluation!

General Assignments On Leases – Laws And Definition

Posted on: February 18th, 2018 by ContentDev No Comments

Assignment on leases is typical a term known by everyone, yet the greater part of them don’t know about it completely. An assignment is the transfer of rights from one party called the “assignor” to another party called the “assignee”. An assignment within a lease document may allow a person to let another individual take control over the rental installments and different obligations when he or she can’t proceed as the occupant.

Moreover, the assignment of rights under a legal agreement may permits finish exchange of rights and permit to venerate the advantages or weight inside.

Assignments may not necessarily to be the part of a lease agreement when the tenant cannot continue leasing the property for various reasons, he can shift his burden to another individual and the document must contain the clause to include the other individual to pay the lease or rent on behalf of the first party.

Let’s go through some basic definitions and concepts of general assignments on leases

Assignments of Equitable:

An Equitable Assignment is one in which one has a future interest and is not valid at law however legitimate in a court of value. According to the court equitable assignment is constituted when the following actions are taken place: Anything said in written, In execution of an agreement and for valuable consideration, or In consideration of an antecedent debt, to place a chose in action or fund out of the control of the owner etc.

Assignments of Enforceability:

An assignment’s legitimacy and impact are determined by the law of the place of assignments. Being more specific, The contract is capable of being transferred only if it is determined by the law of the place where the contract has been created, or the debtor and creditor come to an agreement.

Contractual Rights of Assignment:

The law of assignment of contractual rights is applicable by law only if the substitution of rights would change the position or duty of the debtor. However, the assignment of a contractual would increase the burden and risk of debtor due to the contract implied.

Either it will substantially weaken the chance of acquiring the return on performance, or it will physically decrease the value of the performance.

General assignments on leases is a typical thing, by the above ideas you may be acquainted with the term, but there is a circumstance when you might be sued by your landowner for not paying the rent or lease, or by your tenant as the content for getting your property.

If the landlord or tenant is taken to the court for harms or needs to document suit, he or she would have to move toward a legal advisor to help themselves from this circumstances. Only an experienced attorney can hold your hand and pull you up from such circumstances, contact Bryan W. Crews today, To get personal advice and to break-out from the chain of sue.

Wrongful Death Lawsuits

Posted on: February 18th, 2018 by ContentDev No Comments

A wrongful death is a legal term describing the death of an individual caused by another either negligently or through intentional harm. Usually, the surviving members of the victim’s seek a wrongful death claim or lawsuit to obtain compensation for their emotional and financial damages.

Elements of a Wrongful Death Lawsuit

The plaintiff must prove each of the following elements in order to bring a successful wrongful death cause of action:

A death must have resulted from the incident
The death of the victim was caused by the negligent actions of the defendant
The death has directly affected you and/or other members of the victim’s family
The death has caused financial hardship for the survivors

In order to prove these points in court, convincing evidence as well as expert witness testimony are required. Note that it should be presented by a skilled attorney specializing in wrongful death cases for obtaining the justice and compensation for your suffering.

Damages in a Wrongful Death Lawsuit

Damages in wrongful death include:

Deceased’s pain and suffering prior to death
The medical expenses that the victim incurred as a result of the injury prior to death
The loss of support and services that the deceased would have provided
The loss of inheritance if any
Funeral and burial costs

Considerations When Hiring a Wrongful Death Lawyer

While hiring a personal injury attorney for a wrongful death claim, review their qualifications and bar certification. Also review the aspects such as the area of practice or specialties, litigation, experience etc of their legal practice to ensure you are hiring the right person for your claim.

How To Claim Against Medical Malpractices In Kissimmee FL

Posted on: February 13th, 2018 by ContentDev No Comments

When a patient is injured due to the negligence of a medical professional, they may be able to file a lawsuit. Claiming a medical malpractice, especially in Kissimmee Florida, is not an easy task. It is quite complicated as you will have to meet a few officials and prove the cause of injury to successfully claim against a doctor, nurse or any healthcare professional.

Breach of the Standard of Care

Standard of care is a medical or psychological treatment guideline. If your treatment was not in line with these basic guidelines, and if you had to suffer severe damage due to this, you have complete right to file a lawsuit. First and foremost, there must be evidence that the doctor, nurse or other medical malpractice breached the applicable standard of care owed to you or your loved one. To establish that a breach occurred, Kissimmee Florida’s Malpractice Act requires that you find a medical expert practicing in the same field as the doctor who committed the alleged malpractice and obtain a sworn affidavit from the doctor. Without this affidavit, your claim will be invalid and not accepted by the court.

Damages

To make Kissimmee Florida Medical Malpractice claim viable, there must be a significant harm to you or your loved one. This is because the cost of initiating a medical malpractice claim is high. You have to prove the damage lest your claim will be thrown out of the court. As discussed above, you must consult a medical expert to review your file and make a confirmation as to whether malpractice occurred. Usually, medical experts in Florida do not do this for free. In fact, many charge a hefty sum and might burn your pocket. This means your injury must be serious enough to have resulted in severe medical expenses, missed time from work, and caused extreme pain and loss.

Proximate Causation

Along with establishing a breach of the standard of care, you must also prove causation. In law, a proximate cause is an event that is related to an injury that the courts deem the event to be the cause of that injury. This means that you have the burden of proving that the doctor’s breach was the “proximate cause” of your injury. Basically, there must be evidence that, if not for the doctor’s negligence, your injuries would not have occurred.

Now that you have a basic idea of initial formalities required, it is quintessential to take action on time. Why? If you fail to file a claim within the defined time limit, you could be barred from ever pursuing compensation.

In Kissimmee Florida, you have two years, starting from the date of the injury or when you reasonably determined you were injured, to file a medical malpractice lawsuit. If you or a loved one is considering taking legal action, do not delay in consulting with an attorney about your legal option.

If you or a loved one was seriously harmed by a doctor, surgeon, nurse, etc. contact the experienced Kissimmee Fl medical malpractice attorneys. Our attorneys will take the time to review your medical records to determine whether a mistake or negligent act occurred. We can also sit down and discuss your potential legal options during a confidential consultation upon at your convenience.

Kissimmee FL Personal Injury – How To Approach An Attorney For Injury Cases

Posted on: February 11th, 2018 by ContentDev No Comments

Getting injured can be upsetting. The injury cases in the US are higher than before and it is quintessential to be well-informed about the law and formalities to help you or your loved one come back to a stable life after a trauma.

A Kissimmee Fl personal injury attorney will have to be able to prove to the jury, that the other party’s negligence or intentional act caused the accident, and that they are therefore liable for the injuries and damages they caused.

When you are approaching the personal injury attorney in Kissimmee Fl, make sure that you carry below-mentioned documents that are necessary throughout the claim process.

Police Reports

Police reports are one of the most important documents to initiate an investigation. Since police reports are public record, you can access them easily. If there are, multiple reports, you need to make sure that all the reports are duly collected and maintained to present to the attorney.

Witness Statements

This is a document with information of what a witness saw, heard or felt and is signed by that person to prove the authenticity. Anyone who witnessed the accident can hold valuable information. These statements may be collected by police, another investigating party, or even yourself and prove as a written evidence.

Vehicle Service History

The documents to prove the loss happened to your vehicle due to the accident is crucial. Not only can this help determine the cause of the accident, but it can also help determine the number of damages you may be due for vehicle repair.

Medical Records

These records can be any document of medical bills, emergency room care, rehabilitation, or following check-ups. These reports help determine the extent of your injuries and how much compensation you may be due. Any records that show your history of receiving treatment for your injuries is vital to your case.

Photographs

Another important evidence is the photographs or video surveillance of the accident and the damage occurred. These photographs can be collected from police records or can be gathered by witnesses or even yourself if you’re able after your accident.

Wondering how to claim compensation for the injury and pain you have suffered? Each case of injury is unique and presents its own unique consequences. It takes a vast array of experience to guide you to get a fair compensation for other party’s negligence and get the case done. Contact the best personal injury attorney in Kissimmee Fl to make your claiming process an easy one.

Need Assistance Following A Truck Accident?

Posted on: February 9th, 2018 by ContentDev No Comments

You have come to the right place. In the event that you or a loved one has been the victim of a truck accident, an expert accident lawyer could possibly help. Due to the fact of their sizeable size, semi-truck accidents are usually complex and in most cases cause serious emotional and physical harm, and an accident lawyer can assist.

A Kissimmee truck accident lawyer can work with you when you’ve been involved in a truck accident. Bryan W. Crews will be honored to work with you and have our most experienced Kissimmee accident lawyer to help prepare your case following a truck accident.

Need An Attorney In Kissimmee, Florida?

Bryan W. Crews has experienced truck accident attorneys with real courtroom experience. With our over 30 plus years of courtroom experience, we have the reputation, experience, and knowledge to handle your accident case.

Use the contact form or call our office to connect with a Kissimmee, Florida attorney for legal advice.

How Do I Choose a Kissimmee Lawyer?

Consider the following:

Comfort Level – Are you comfortable telling the lawyer personal information? Does the lawyer seem interested in solving your problem?

Credentials – How long has the lawyer been in practice? Has the lawyer worked on other cases similar to yours?

Cost – How are the lawyer’s fees structured – hourly or flat fee? Can the lawyer estimate the cost of your case?

City – Is the lawyer’s office conveniently located?

Not Sure What Questions To Ask A Lawyer?

Here are a few to get you started:

How long have you been in practice?

How many cases like mine have you handled?

How often do you settle cases out of court?

What are your fees and costs?

What are the next steps?

Kissimmee FL- Car Accident Attorney

Posted on: February 7th, 2018 by ContentDev No Comments

Car accidents are commonplace and in Florida, there are roughly over 600,000 car accidents every year according to Florida’s Highway Safety and Motor Vehicles website. While car accidents happen every day, not all drivers successfully recover the financial compensation necessary to address their physical and emotional loss. Every victim is different, and the facts and circumstances of each collision are different. If you are the victim of careless or reckless driving, you may be unsure about how to proceed. Bryan W. Crews, your Kissimmee Fl personal injury attorney, will evaluate the unique circumstances of your claim and advocate on your behalf. Car accidents and injuries are on the rise. Do not hesitate to contact the competent staff at the law offices of Bryan W. Crews.

If you have been contacted by an insurance company, proceed with caution. Insurance companies often look out for their own best interest and their offer may not fully compensate for your medical needs or the emotional toll of your accident. A life-changing event such as a car accident in Kissimmee can be traumatic, and perhaps overwhelming.

The impact of a car accident can be far-reaching. Aside from your immediate medical needs, you may require ongoing physical therapy or other long terms medical treatment. Some injuries require multiple procedures. Not all drivers carry policy limits that will fully compensate you for your injuries. This may require recovering directly from the driver in their personal capacity. If you are not able to reach a settlement that reflects the full extent of your damages, pursuing justice through the courts may be your only avenue to compensation. An experienced Kissimmee attorney can help you work through the legal complexities of litigation.

Remember that the insurance adjuster works for the insurance company. Resist giving a recorded statement to the at-fault party’s insurance company, no matter how much pressure they apply. Contact your Kissimmee attorneys at the law offices of Bryan W. Crews. All communication should take place in writing. Do not sign any authorizations that allow the insurance company to seek your medical records. And most importantly, do not sign any settlement agreements until the competent Kissimmee attorneys have had a chance to revise them accordingly. Insurance adjusters are not your friends, and they do not work on your behalf. Some insurance adjusters are compensated through bonuses or have other incentives to settle your case for the lowest possible amount.

Car accidents can result in any number of injuries including catastrophic injuries, loss of mobility, spinal cord injuries, traumatic brain injury, and whiplash. Common causes of car accidents include distracted driving, intoxicated drivers, head-on collisions, fender benders, speeding, pulling out in front of your vehicle, or stopping too abruptly. Some accidents may be caused by negligent construction vehicles on the highway. Whatever the cause, the Kissimmee lawyers at Bryan W. Crews have experience handling car accident cases.

Florida is a no-fault state. This means that injured drivers utilize their own policy first up to $10,000. Recovery beyond that is obtained through the at-fault driver’s insurance. In order to hold the at-fault driver liable, you must prove that they were driving negligently. Negligence is a legal standard. To prove negligence, you must show that the driver owed you a duty of care that he breached, the breach of this duty caused your accident, and you have suffered damages as a consequence. This legal formula is used to assign fault in car accident case in Kissimmee, and all jurisdictions.

Common Defenses To Personal Injury Claims

Posted on: February 5th, 2018 by ContentDev No Comments

The success of your personal injury claim may depend on whether the defendant asserts a viable defense. There are a number of legal theories and defense strategies that may prove fatal to your claim. Even though the defendant is the proximate cause of your injuries, he may not be liable for your damages. Bryan W. Crews, your Kissimmee personal injury attorney, will evaluate your case and discuss the viability of your claim.

Comparative Negligence
Florida is a pure comparative negligence jurisdiction. This means that your damages are reduced by your degree of fault. In a car accident, if the plaintiff is deemed 40% at fault, her recovery will be reduced by 40%. This defense to your claim means that a full recovery is not possible. In this scenario, the defendant may make a settlement offer or an argument at trial that he contributed to the accent, but so did the plaintiff. This is not a complete bar to recovery, but if the jury determines that you were over 50% at fault, recovery for damages becomes difficult.

Factual Disputes
Every detail of your personal injury claim will more than likely be disputed. Documenting each and every aspect of your injury is critical to the success of your claim. Without the appropriate supporting documentation, defendants and/or their insurance companies are less likely to make a settlement offer that adequately compensates for your injuries. And if your claim proceeds to trial, convincing a fact-finder becomes increasingly difficult.

Defenses to Intentional Torts
In a personal injury claim involving an intentional tort, the defendant is not liable for negligent behavior if you consented to the defendant’s behavior. Plaintiffs cannot give consent and then sue for damages. Unless the scope of the consent is exceeded. A common example of exceeding the scope of consent are medical procedures. Patients consenting to a tonsillectomy are not giving the physician permission to perform an appendectomy. Consent can be express or implied, and Bryan W. Crews, your Kissimmee Personal Injury will gladly evaluate your claim.

The facts of O’Brien v. Cunard Steam Ship, illustrate apparent consent. While onboard the boat, a passenger held her arm out while a doctor administered a vaccination. The plaintiff said nothing to the doctor, but later had a bad reaction to the vaccination. The passenger sued and lost. The court held that even though the consent was not explicit, the doctor could have reasonably relied on the passenger’s behavior and overt act of extending her arm as consent to receiving the vaccination.

Self-defense, defense of others, and defense of property are viable defenses to personal injury claims. Injuries resulting from self-defense, defense of others, or defense or property more than likely involving criminal behavior. Florida’s statute governing self-defense may be applicable, and it has undergone recent scrutiny. But as a general rule, the use of reasonable force will serve as a defense in a personal injury lawsuit.

To understand the limits of your personal injury claim or defenses that may be raised, contact Bryan W. Crews, your Kissimmee personal injury attorney.

DUI Accidents, Dram Shop Acts, and Social Host Liability

Posted on: February 3rd, 2018 by ContentDev No Comments

If you have suffered an injury caused by a drunk driver, or someone under the influence of alcohol, you may be able to bring suit against the person or establishment that served them. Intoxication slows response times and can lead to poor decision making resulting in injury or death. Plaintiffs injured by intoxicated defendants may not be able to obtain financial compensation from the defendant. Tavernkeepers and social hosts may be liable for your injuries depending on the circumstance, and the law of your jurisdiction.

As a very general rule, the basic premise is this: if you are serving someone alcohol, you have a duty not to serve minors or serve someone to the point of drunkenness. This duty is not just to the person you are serving alcohol, but to any foreseeable plaintiff. Obviously, if someone on their own accord drinks to excess, they are responsible for their drunken behavior. What may not be obvious is that hosts serving alcohol in their home, or bartenders in a tavern could be held liable too. Let’s get into the specifics.

Most jurisdictions have enacted what is called a Dram Shop Act. The name “Dram Shop” originates from England where Gin used to be sold by the spoonful, or “dram” full. These statutory creations impose liability on vendors of intoxicating beverages for injuries resulting from the vendee’s intoxication. Some courts have imposed this liability anyways in jurisdictions that do not have a Dram Shop Act. Most Dram Shop Acts prohibit bartenders from serving alcohol to individuals that are clearly intoxicated. Interestingly enough, Florida’s Dram Shop Act does not.

Florida’s Dram Shop Act is codified at § 768.125. It reads:

A person who sells or furnishes alcoholic beverages to a person of lawful drinking age shall not thereby become liable for injury or damage caused by or resulting from the intoxication of such person, except that a person who willfully and unlawfully sells or furnishes alcoholic beverages to a person who is not of lawful drinking age or who knowingly serves a person habitually addicted to the use of any or all alcoholic beverages may become liable for injury or damage caused by or resulting from the intoxication of such minor or person.

The statute only imposes liability on persons who sell or furnish alcohol to minors, and persons “habitually addicted” to alcohol. Many jurisdictions impose liability on persons who sell or furnish alcohol to those who are visibly intoxicated. Florida’s Dram Shop Act does not.

Florida’s Dram Shop Act imposes liability on vendors that serve minors or “habitually addicted” persons that cause harm to another or themselves. Here is how it works. If Kyle, an eighteen-year-old, stops at the local bar on his way home from school for a few drinks, then causes a car accident after leaving the local bar, the local bar is liable under the Dram Shop Act to those that are injured by Kyle. The same is true if Kyle is of legal age to purchase alcohol, but is meets the definition of “habitually addicted” under the statute.

In Florida, there is no social host liability. So, following the above example, if Kyle stops in at a friend’s house on his way home from school, whether he is of age, or “habitually addicted,” if he causes an accident while intoxicated, there is no recourse against the private party that served him alcohol. Many jurisdictions do impose such liability, but Florida does not.

If you have been injured as the result of an intoxicated minor or “habitually addicted” person who was served by an establishment, contact Bryan W. Crews today, your Kissimmee personal injury attorney. Bryan W. Crews is a personal injury attorney with 30+ years of courtroom experience. Bryan W. Crews has taken over 100 cases to trial and is prepared to handle your claim.

Important Questions To Ask Your Kissimmee Accident Attorney

Posted on: February 1st, 2018 by ContentDev No Comments

If you’ve been involved in an accident that resulted in major damage to your vehicle or physical injury to yourself, it’s important to engage the services of an experienced accident attorney in Kissimmee. Once you have found someone to represent you, you need to ask them some questions so that you have clarity at the outset. Here they are:

Q. What do I have to do?
This is very important; understand what documents and other supporting evidence you need to provide to your lawyer – documenting injuries, medical records, photograph, and so on. Ask your attorney exactly what they need to make your case strong; this will help them get you the maximum benefits of a settlement.

Q. What is your fee structure?
This is a no-brainer, but many often forget. Ask your attorney whether they need a retainer, or you need to pay them hourly, or you pay them a percentage of your settlement. Get this clear so there is no unpleasantness later. If they work on a no win no pay basis, ask if there are any out of pocket expenses you may incur.

Q. What is your assessment of my case?
A good lawyer will study your case thoroughly and be able to tell you what factors can favor you and what could go against you, from experience. Ask if a negotiation would be better, or whether you need to go to trial.

Q. How much time will it take for the case to be resolved?
Your lawyer may not be able to provide a definitive answer to this question, however, they can certainly give you a timeframe within which you can expect a resolution.

Q. What is the compensation I can get?
It makes good sense to ask this question because getting your or your family’s injuries can be quite expensive; add to that – loss of wages due to extended absence at work, therapy or rehabilitation, repairing your vehicle, and you can literally have a mountain of bills. Your accident lawyer in Kissimmee will give you the best idea of how much compensation to expect, and help you keep your expectations reasonable.

Q. What work is included in your representation of me with the Insurance company?
Whether it’s your own insurance company or that of the other party, there is going to be a great deal of paperwork and talking to be done. Find out how much of the negotiation and paperwork your Kissimmee injury attorney will handle for you. A good lawyer will take care of most of the work so that the Insurance Company will take you seriously.

Q. Can I claim compensation for future medical expenses?
Some serious injuries can continue to trouble you for a long period of time – even years after the accident. You may have received adequate compensation for your current medical issues, but what if the injury creates recurring problems or extended physiotherapy or rehabilitation? Find out from your attorney if you can get some compensation for such medical expenses in the future.

Q. I’m permanently disabled. What now?
Sadly, a bad crash can leave people permanently disabled. In the unfortunate event this happens to you, ask your lawyer if you can sue the person at fault. Remember that this will take time, and you will need some support in the meantime. Ask your Kissimmee personal injury lawyer if they can help you get social security disability benefits to help you deal with the situation.

It is highly recommended that you seek the counsel of reputed Kissimmee accident attorneys like Bryan W Crews so that you can get the compensation you deserve.

Call us now to seek a FREE case evaluation!

Archive for February, 2018