Personal injury law is primarily based on tort law.  A tort is a civil wrong.  Criminal matters are handled by prosecutors that enforce the law.  While personal injury is also governed by law, when someone injures you, it is not entirely accurate to say they have ‘broken the law.’  That is a term that is often used to describe criminal behavior.  Personal injury law, or tort law, is more accurately described as holding people accountable when their behavior falls below the standard of care prescribed by the common law.  Unfortunately, the person responsible for causing your accident may not be willing to acknowledge their fault or pay for your injuries.  When this happens, the oneness is for you to hire an attorney and assert your rights under the law.

The first step to establishing a viable personal injury claim is generally proving that a duty existed.  Did the person that injured you owe you a duty of care?  For example, all drivers owe others on the road a duty of care to drive carefully, watch the road, use turn signals when necessary, and drive at reasonably safe spends.  If this duty is breached, then the next question is whether that breach was the proximate cause of your injuries.  Even if a careless motorist breaches their duty to drive safe, it is possible that their carelessness was not the cause of your injury.

In addition to this, Florida is a comparative negligence state.  This means that if you were careless, the amount of money you can recover is reduced by your level of responsibility.  If your case does not go to trial, your degree of fault is determined through negotiation with the insurance company, the opposing party, and the lawyers involved.  If your case does go to trial, your degree of fault is determined by a judge or jury.

Another element of your personal injury claim is time.  In Florida, and a number of other states, you have a limited number of years to file your claim.  Sometimes, the number of years to file is based on the severity of the claim.  For example, in some jurisdictions, there is no statute of limitations for sex abuse victims because of the severity of the conduct, and how difficult it can sometimes be for victims to come forward or recognize that they were abused.  For standard personal injury matters, the time limits can be as low as two years, or as long as four years depending on the matter.  Do not hesitate to contact an attorney if you believe you have been injured by someone else’s carelessness.

Finally, some civil matters are governed entirely by statute.  The term common law refers to a body of law that is enshrined in judicial opinions.  To understand these laws, attorneys rely on the law as it is articulated formed by courts.  The legislature though, will from time to time, recognize an area of law that needs to be codified and pass a statute.  These statutes attempt to precisely describe the prohibited behavior, the procedures for filing a claim, and the damages one can pursue.

Once you have won your claim, you are entitled to recovery for your medical bills, pain and suffering, and sometimes punitive damages.  The competent attorneys at Bryan W. Crews will evaluate your claim for free, and help guide you through the process.  Each case is different, and results are not guaranteed.

Lake Buena Vista Personal Injury Attorneys

Accidents and personal injuries are complex matters, and sometimes more than one person is at fault.  In a typical scenario, a careless driver causes an accident and the injured motorist recovers 100% of the cost of their injury against the careless driver.  In Florida, however, comparative negligence could change the outcome.  While typical, just as often the injured motorist is somewhat responsible for their injury.  Perhaps the injured motorist was on their cellphone and had they been paying attention, could have reduced the rate of impact, or turned at the last minute, even though the careless driver was the primary cause of the accident.  In either event, in Florida, the injured motorist will have their recovery reduced to the degree they are deemed to have contributed to their own injury.  If a court determines that they were 30% responsible, they will only recover 70% of their injury from the careless driver. Florida’s comparative negligence rule is codified under section 768.81 and is an important consideration when evaluating the facts of your case.

Comparative negligence can be applied in a variety of legal matters.  Erin Andrews is a sportscaster and television personality who came to prominence on College Gameday.  In 2016, a “jury has awarded Erin Andrews $55 million in her lawsuit stemming from nude videos secretly taken by Michael Barrett, an insurance executive from suburban Chicago” according to Property Casualty 360.  Barrett was caught “secretly recording Andrews through peepholes bored in hotel walls after he made arrangements to occupy rooms next to Andrews.”  After Barrett was criminally sentenced, Erin Andrews eventually filed suit against the hotel company, the hotel operators, and Barrett himself.  The hotel company, the Marriott, was dismissed.  The operators were not dismissed from the suit.  After a trial, the “jury apportioned liability with 51% assessed against the perpetrator, Michael Barrett, and 49% against the two companies, West End Hotel Partners, and Windsor Capital Group, which owned and operated the Nashville Marriott at Vanderbilt University, where the secret videos were taken in 2008.”

The Erin Andrews case demonstrates that even though the perpetrator, Barrett, was the primary cause of the intrusion into Andrews’ privacy, the hotel operators contributed to the injury.  The hotel employees, agents of the hotel operators, revealed Andrews’ private information, allowing Barrett to commit these heinous acts.  Without their involvement, Barrett very likely would not have discovered Andrews’ location within the hotel.  While the facts of this case are not typical, they do demonstrate that apportioning fault, and comparative negligence can limit your recovery against anyone tortfeasor.

The Lake Buena Vista personal injury attorneys at Bryan W. Crews and Associates will evaluate your claim for free. Contact them today for a consultation.  If your claim has merit, you may be entitled to recovery and the Lake Buena Vista attorneys will advocate on your behalf to protect your interests.

According to the National Highway Traffic Safety Administration, there were 4,957 motorcycle fatalities and 93,000 motorcycle injuries in 2012.  Riding is a great recreational activity and an exhilarating way to see the beautiful landscapes that Florida has to offer.  But riding can be dangerous, and motorcyclists face unique dangers.  Not all motorists pay attention to motorcyclists, and riders are taught unique defense driving skills.  In addition, motorcyclists are exposed, and without the proper precautions are prone to severe injury.  Most vehicles act as a protective cage during a collision, whereas riders are often thrown from their motorcycle.

Safety is paramount and riders should take precautions.  Wearing a helmet could make the difference in an accident.  According to the Insurance Institute for Highway Safety Highway Loss Data Institute, “helmets are about 37 percent effective in preventing motorcycle deaths and about 67 percent effective in preventing brain injuries.”  In 2005, the National Highway Traffic Safety Administration reported that “the potential lifesaving benefits of helmets are not being realized, as fatalities continue to rise in response to declining helmet usage rates.”  In 2017, the Center for Disease Control and Prevention wrote that “if all motorcyclists would have worn helmets in 2015, 740 more could have been saved.”

The statistics confirm what most would consider common sense.  Reasonable protective measures can make the difference in the event of a crash.  Abrasion-resistant pants can prevent or reduce further injury to your skin, especially in the event of a high-speed crash or collision.  You should also consider wearing protective eye gear, long sleeve jacket, boots, and gloves.  Do not exchange safety for convenience or comfort while riding.  Proper safety gear will not prevent an accident, and it may not prevent an injury.  But wearing safety gear could significantly reduce or prevent injuries.

If you have been injured, contact Bryan W. Crews today, your Pine Hills personal injury attorney.  In addition to the trauma of an accident, dealing with insurance companies or the party responsible for the accident can be taxing.  The Pine Hills professionals at Bryan W. Crews will evaluate your personal injury claim for free and zealously advocate on your behalf.  Supporting your claim may require the collection of police reports, witness statements, photographs, video, accident reconstruction, expert witnesses, and the review of medical records.  In addition, motorcyclists are not covered by Personal Injury Insurance Protection.  This could complicate matters further.  Do not hesitate to contact our offices for a review of your case.  Each case is different, and results are not guaranteed.