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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.

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!

Legal Obligations After A Car Accident

Posted on: January 28th, 2018 by ContentDev No Comments

Being involved in a car accident is really unfortunate. Most people usually have some idea of what they are supposed to do in such a situation. However, you may not be aware of some of your other potential legal obligations. Here are some important steps you need to take following an Accident:

Ensure Safety First

After an accident, the first step should be to ensure the safety of everyone involved in the accident and to take actions to prevent more smash-ups and injuries. Alert others about the accident by turning on your hazard lights and move the vehicles out of traffic into a safe area.

It is better to call an ambulance immediately and get checked by doctors at the scene.

Contact Law Enforcement

By law, it is highly advised to call the police authorities, once you get into a car accident. Whether you have to report an accident to the police or not depends on the seriousness of the crash and other relevant circumstances. From the legal aspect, it is highly important for the drivers to better know their legal rights and obligations so that when they face car accidents, they can better protect their rights. Most often, drivers know very little beyond having a driver license – no policy details concerning insurance, compensation payment on accidents, and healthcare issues.

Keep a Record Of Everything

If any of the following circumstances apply, You must report these details to police as soon as you can:

After an accident, avoid talking to other party’s insurance company, or discussing the accident with anyone except police and your insurance company. You must not sign anything that doesn’t come from law enforcement or your insurance.

Get Legal Help

Never overlook the importance of seeking Legal help. Contact a car accident attorney after the immediate steps have been taken following the accident. With his decades of experience and dedicated staff, Bryan W. Crews will work on your behalf to make sure you get what you deserve to cover medical bills, damage to your vehicle, and other costs of the accident.

How To Approach An Attorney For Injury Cases In Orlando

Posted on: January 25th, 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.

When you are approaching the personal injury attorney, 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 Orlando to make your claiming process an easy one.

Assumption Of Risk Defense

Posted on: January 19th, 2018 by ContentDev No Comments

Accidents are an unfortunate part of life. In most cases, accidents occur unpredictably. Accidents can happen in two ways; one with freak occurrence and one with a person’s willingness to participate in activities that are dangerous. These situations can give rise to a legal defense known as “assumption of risk.”

The assumption of risk is a defense in the law of torts. The concept of assumption of risk is a supporting defense that may be available to some accused in personal injury lawsuits. In order to assume the risk, you must know the risk exists. You can never assume a risk that you do not know exists.  This is an objective standard that would be decided by the jury.

An assumption of the risk, like contributory negligence, is an affirmative defense.

In order for an accused to invoke the assumption of risk defense, the litigant must have:

  1. Known that there was a risk of the similar injury that the litigant actually suffered, and
  2. Willingly deal with that danger in participating in the activity.

An assumption of the risk is, you should know it can come in two forms:

1) Expressed assumption:

The expressed assumption of the risk involves an agreement between the parties, such as a requiring an agritourism customer to sign a liability waiver before going on a hayride.

An express assumption of risk is often made in writing, usually in the form of a signed waiver or contract. However, an express assumption of risk can be made verbally also.

2) Implied assumption:

The implied assumption of the risk does not arise because of an agreement but because of the relationship between the two parties.

An implied assumption of risk is not written or stated out. Rather, a litigant acted in a way that reflected an understanding of the risk and a willingness to take part anyway.

Implied assumption of risk can be more difficult for a defendant to prove than express assumption of risk.

Exceptions to the Rule

There are also some exceptions to the assumption of risk defense. A litigant must actually suffer the same sort of injury for which the litigant assumed the risk. Essentially, the injury must be predictable. Also, the assumption of risk defense will not protect an accused from liability for careless or intentional behavior.

If you are a defendant in a personal injury case, there may be various legal defenses available to you. To be sure you have all of the most important information, consider speaking with Bryan W. crews, at Orlando Fl, to understand your options.

Chemical Spill Legislation- When & How To Report A Chemical Spill?

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

A foreword to chemical spill…

Uncontrolled release of a hazardous chemical, either as a solid, liquid or a gas is referred as a chemical spill. Chemical spills may occur in a variety of workplaces, such as research & teaching laboratories, factories, facilities operations etc.

Dealing with chemical spills may vary with the type and volume of chemical involved. For example, spills in laboratories usually involve small volumes of a potentially large number of chemicals.
Despite the type or volume of hazardous chemical involved, all worksites must develop good handling procedures to reduce the potential for spills and should have a spill management protocol for responding to chemical spills.

Any person or organization responsible for a release or spill is required to report it to the authority when the amount reaches a federally-determined limit.

Information needed when making a report of a spill:

When making a report of a spill complaint, be prepared to provide the following information:

Get Help from an expert Chemical Spills Attorney

If you or someone you know has been injured by a chemical spill, you should consult a personal injury attorney as soon as possible. In such a case, Bryan W. Crews is one of the best attorneys you can seek help for. At Orlando fl, we have helped hundreds of people who have been injured by chemical plant accidents to obtain the recovery & compensation that they deserve. We can hold the responsible party accountable for your injuries and other losses. If you want help like this from a skilled attorney, contact us at 800-683-5291 today. We are happy to offer free case evaluations!

Individual State Policies Regarding Implied Consent

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

What is Implied Consent?

Implied consent refers to the assumption of permission by a person’s actions to do something that is implicitly granted instead of explicitly provided. The term ‘Implied consent’ is most commonly used in the context of United States drunk driving laws. It is a fairly broadly-applied legal concept.

After stopping a motorist on suspicion of drunk driving, he/she will be asked to agree to a chemical test in order for law enforcement officers to determine his or her blood alcohol concentration. If a driver refuses to do so, penalties may be imposed. Most states have implied consent laws. Under this law, the consent to be stopped on roadways on suspicion of DUI(Drive Under Influence) and consent for any necessary chemical tests to determine if he/she is impaired will be given by an individual during the time of his/her driver’s license application.

If a driver refuses to complete a chemical test while stopped on suspicion of driving under the influence, it violates the implied consent arrangement and most of the states impose a mandatory driver’s license suspension on the driver. This may vary in length accordingly. Additional to that, penalties also be imposed in many states.

Individual state policies regarding Implied consent

Implied consent law position is that driving is not a right, but a privilege. It is sensible to accept that a driver will operate a motor vehicle as per the laws of that country and state. It is valid, however, that government financing is available to states that force DUI prevention measures. Hence, it is in the states’ best financial interests to agree to the government’s proposed programs and to firmly uphold implied consent laws.
In a few states pursuing an implied consent notice is pointless to the legitimateness of the procedures.  If a warning by the officer through perusing the implied consent notice is needed in the state or province in which you are ceased, your defense lawyer has the solid justification for the expulsion of your charges.

Another point against Implied consent laws that is contended by defense lawyers is representation by counsel. Your sixth amendment rights secure you by enabling you to ask for legitimate representation in a criminal proceeding. Nonetheless, the US Supreme Court decided this does not make a difference in implied consent circumstances, which they decline to see as a ‘criminal proceeding’ unless the outcomes really incriminate the driver. As it is not possible for the driver to know the result of the chemical test ahead of time, the contention is that it is absurd to punish a driver for rejecting the chemical tests.

If you’re looking for a lawyer to represent you in Orlando Florida, call Bryan W. Crews today. Our lawyers will work on your behalf and thoughtfully evaluate your claim.

Elevator And Escalator Accidents- Hoist Accident Attorney Law

Posted on: January 16th, 2018 by ContentDev No Comments

Elevators and escalators are a routine part of our lives. Every day, there are thousands of people ride escalators to transport them from floor to floor inside department stores, subways, train stations and other places. Elevator hoists are used in the construction industry also. However, the worst part is when something goes wrong, it can be responsible for devastating injuries. That is, any failure in the chain, driver, rope, cord, line or pulley can result in catastrophic or even fatal accidents.

Mainly hoist accidents are caused by the inappropriate servicing or installation of the hoist equipment which could have been detected by the performance of proper inspection, servicing, and maintenance.

PURSUING COMPENSATION FOR A HOIST ACCIDENT

There are numerous parties responsible for the safety of hoisting equipment. If you were injured in a hoisting accident, and want to file a claim against the responsible party, it is important that there be a record of the following:

Has someone you know been injured in a hoisting accident?

If you are seeking compensation, our experienced and knowledgeable Personal injury attorney, Bryan W. Crews can help you with your legal claim today!

Get in touch with our firm to get the fair compensation from the responsible party & to protect your rights.

We at Orlando Fl, have obtained good compensation for clients in personal injury cases.

We are prepared to work on cases including:

For complete information on the legal services provided by an attorney with years of experience in hoist accident litigation, call Bryan W. Crews at 800-683-5291 to speak with a representative about your specific case.

How Do You Know If You Need A Personal Injury Attorney

Posted on: January 10th, 2018 by ContentDev No Comments

Accidents happen, but only when we least expect them. If you have been involved in an unfortunate accident that causes some injury, and it is someone else’s fault, you can ask the person that injured you to pay your expenses for being injured. Despite your best efforts if you are unable to settle your personal injury claim involving the other party, hiring a personal injury lawyer is always an option. Your lawyer will help you to recover your losses legally.

Why You Need a Lawyer to Handle a Personal Injury Claim

After the accident, the claim handler for the other party will contact you to obtain information about your claims, such as your property damage, medical bills, lost wages, medical records and all additional expenses. Once the inspection is complete, the claim handler determines the amount of the insurance company’s potential liability to its insured.

Although personal injury law is complicated, with the help of an experienced lawyer the process of making a claim can be quite simple. Your attorney will be able to tell you if you have a justifiable claim and will also be on your side in dealings with insurance companies to ensure that your individual circumstances are fully considered.

Benefits of Hiring a Personal Injury Lawyer

Most of the personal injury cases include complex legal procedures, confusing medical terms, and lots of paperwork. An experienced lawyer can work through all the necessary paperwork to resolve your claim so that you can get on with your life. Also having a personal injury attorney will get the attention of the other party, and your chance of negotiating a fair settlement is much higher.

An experienced lawyer will know whether the dispute can settle down using any alternative dispute resolution methods. Thereby you can save you time, money, and emotional energy.

Bryan W. Crews is a personal injury attorney, has an excellent legal team that specializes in insurance claims. With his decades of experience and dedicated staff, Bryan W. Crews will work on your behalf to secure the maximum possible compensation.

Call today for a free case evaluation.

What To Look For When Searching A Personal Injury Lawyer

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

Being the victim of an accident is terrible.The after-effects of the situation can be even more stressful. When you are injured because of someone else’s negligence, and you don’t know what to do next, you’ll be in need of someone to help you. At this stage, it’s best to work with a personal injury lawyer.

A good personal injury attorney can make a big difference in the outcome of your personal injury claim. That’s what makes choosing the right lawyer an important decision.

Important Things To Look For When Hiring a Personal Injury Attorney

If you are in the research stage for choosing a personal injury attorney, you have to understand what makes an attorney good. With the following list in hand, you can begin the search for lawyers that meet your criteria.

Legal Experience

Hiring a good attorney with relevant work experience can make all the difference. You will want to ensure that you hire a professional attorney who is experienced in handling similar personal injury cases. With their experience in negotiating, which means they know when to ask for more, and when to settle, you’ll have a good chance of winning the case.

Winning Record

Often the most overlooked factor in hiring an attorney is his winning record. Always look for an attorney who wins cases. Also, it is important to know whether your attorney can deliver favorable verdicts in trails.

Disciplinary record

Attorney’s disciplinary record is another important factor you should consider while hiring.

Do your research regarding this either from the internet or from any outside sources. You have to check whether they have ever had a complaint filed against them and whether they have ever been suspended or disbarred.

A Good Reputation

Hire an attorney with a positive reputation in your community. The lawyer rating sites will be available on the internet and you can check it to see what your lawyer’s reputation is like.

Hiring a personal injury attorney can go a long way towards getting the compensation you deserve. If you’re looking for a lawyer to represent you in Orlando Florida, call Bryan W. Crews today. Our lawyers have decades of experience and will thoughtfully evaluate your claim.

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