Accident Attorney Archives - Bryan W Crews Archive

Jacksonville Mother Finds Epidural Needle in Her Spine 14 Years After Giving Birth

Posted on: March 29th, 2018 by pmilakovic No Comments

You may have read in the news recently about a mother from Jacksonville, Florida that recently discovered doctors left an epidural needle in her spine, fourteen years ago. Amy Bright, 41 years old, has endured many years of severe back pain. The source of that pain was discovered when she recently underwent a “CT scan in 2017 which revealed that three centimeters of the needle was embedded into her spine,” according to Independent. After the scan, her doctors told her “that because of the needle’s location, it will be too risky to remove, leaving Bright with no choice other than to live with it inside of her and treat the pain with medication.” The article goes on to say that because of the way the epidural was administered, and the size of the needle, the medical professionals must have known the needle was left inside of the Jacksonville mother. The mother said, “It has gotten to the point where it just burns constantly.” The Miami Herald reported the mother as saying that the pain “also shoots down the left side of my leg on my calf… and then down and into my foot.” According to her attorney, “It’s documented in her medical records that they had an unsuccessful spinal needle attempt at Naval Hospital Jacksonville in September of 2003.”

This unbelievable account is more common than you may realize. Medical malpractice has become a leading cause of death in this country. CNBC reports that it is now the third leading cause of death claiming the lives of between 250,000 and 440,000 every year. We rely on the medical community for treatment and quality of life. Unfortunately, experiences like those of Amy Bright have led many to question medical practices.

Medical malpractice litigation is complex. Understanding the law, and science behind medical procedures is critical to the success of your claim. Dealing with insurance companies, deposing medical professionals, pouring through medical documents, and calculating the full extent of damages are just a few of the components that go into a thorough claim of medical malpractice. Unavoidable mistakes sometimes happen, but more often than not patients are injured or killed by careless mistakes.

If you or a loved one have been injured by a medical professional, contact Bryan W. Crews today. The dedicated attorneys at Bryan W. Crews will evaluate your claim for free. Statistics published by the Institute of Medicine and the National Academy of Sciences found that roughly 98,000 patients die per year in hospitals due to medical errors. Do not hesitate to contact an attorney, and do not be intimidated by insurance companies.

Statute of Limitations

Posted on: March 25th, 2018 by pmilakovic No Comments

Kissimmee Personal Injury Attorneys

March 31, 2018

If you have been injured and do not know what do next, contact a legal professional as soon as possible. Waiting can be costly. The law places timeframes on your right to bring a lawsuit. These timeframes are called statutes of limitation. Time-barred complaints will not be heard by Kissimmee courts. The rationale for this is simple. For certain claims, the legislature has decided that potential defendants should not have a possible lawsuit clouding their legal future forever. Another rationale is that as time goes by, memories fade, evidence disappears, and there is less opportunity for investigators to take statements, gather surveillance footage, or take photographs. The Kissimmee personal injury attorneys at Bryan W. Crews will evaluate your claim for free.

If you do not file suit within the statutory timeframe, you forfeit your claim. Kissimmee plaintiffs must abide by Florida’s § 95.11, which covers the statutes of limitation in personal injury cases. Each case is different, and your unique circumstances will dictate how long you have to bring a lawsuit. Some injuries may require that you bring a claim in as little as two years before being barred from recovery.

If you are suing for negligence you must commence your lawsuit within four years from the date of the injury. Negligence is a legal term for carelessness or an unreasonable course of conduct that results in injury to another. This is a general claim, and more specific claims will be governed by different statutes of limitation.

If you are filing an “action for professional malpractice,” according to the statute, you have two years. Unlike the general negligence deadline, personal injury claims against Kissimmee professionals may be brought “from the time the cause of action is discovered or should have been discovered with the exercise of due diligence.” In other words, some injuries do not manifest themselves right away, and when they do, plaintiffs may not know the cause of their injury either. Florida law also allows for what is called tolling. Tolling puts a pause on the clock. It would be unfair to start the two-year time window for Kissimmee plaintiffs from the date of the accident if you do not know you are injured or do not know the source of your injury.

Statutes of limitation are even more important in medical malpractice lawsuits. Florida law requires medical malpractices claims in Kissimmee to be filed within two years from the date of the incident, or two years from when the injury is discovered. Again, tolling is an option here. This is important, as a common medical malpractice claim stems from surgeons leaving medical instruments, such as sponges or scalpels inside of patients, which then results in infection. However, the statute also states “in no event shall the action be commenced later than 4 years from the date of the incident.”

Bryan W. Crews is a Kissimmee personal injury attorney and his dedicated staff is standing by to assist the needs of personal injury victims throughout the state of Florida. Do not hesitate to contact Bryan W. Crews for a free evaluation of your circumstances.

Texting While Driving

Posted on: March 23rd, 2018 by pmilakovic No Comments

At one point or another, we have all glanced at our phone, composed a text message, stared too long at the GPS, or, in more severe cases, used a cell phone for an extensive period of time to watch a video or read an article while driving. One study cited in this article found that “92 percent of us drive and text in the last 30 days.” Even though the public is well aware of the danger, cell phone use while driving has become increasingly common, and it’s dangerous. Cautious drivers put their phone away or use hands-free devices. Careless drivers not only put themselves in danger but all drivers around them. Last year, according to a Tampa Bay Times article, a family with young children was rear-ended at a high rate of speed by a motorist that was looking at their phone and failed to break in time. The story is heartbreaking, and the accident resulted in the loss of their nine-year-old son.

This month, the Miami Herald reported, the Florida House voted to make texting while driving a primary offense. The vote was 112-2. The law is currently only a secondary offense, and this upgrade, as many are calling it, will allow law enforcement to more effectively curtail mindless driving, despite concerns of racial profiling. Currently, law enforcement can only write a ticket for texting while driving if they pull over a motorist for a primary offense. The bill’s sponsor said law enforcement will no longer have to “wait for that 16-year-old driver to hit somebody, or run a red light, or kill somebody.” The law does not prohibit making phone calls while driving.

The upgraded law could have a greater impact on personal injury cases. Negligence per se is a claim that injured motorists can allege when the person responsible for the accident has broken a law or committed a traffic violation. For example, exceeding the speed limit is legally significant if the motorist responsible for the accident is brought to trial. The same is true of this upgraded law.

According to the National Highway Traffic Safety Administration, distracted driving claimed the lives of 3,477 people in 2015. Just a few years ago, a bus driver in Tennessee was texting while driving and collided with another school bus. The accident left two young girls and an aspiring teacher dead. According to the Huffington Post, nine Americans die every day from distracted drivers, 341,000 motor vehicle crashes in 2013 involved texting and driving, and cell phone use while driving increase the likelihood of an accident four-fold.

Realizing the dangers of texting and driving, the Florida legislature has taken a step in the right direction. Do not text and drive. Doing so not only puts you and your family at risk, but it also puts the lives of those around you on the road at risk too. Secondary to that concern is the fact that texting and driving could limit your own personal recovery if a jury hears that you yourself were distracted while driving.

If you or a loved one have been injured in a car accident, please contact Bryan W. Crews today, your Orlando personal injury attorney for a free consultation.

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.

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