Bryan W. Crews, an Orlando personal injury attorney, has thirty plus years of courtroom experience.  When handling personal injury matters, his time is often spent proving that the defendant acted negligently.  Proving negligence can be fact intensive, requiring the collection of records, and taking depositions.  However, this is not always necessary in personal injury cases involving negligence per se.  Negligence per se is a special rule in tort law that shortens this process.

The terms “standard of care” and “negligence” impose general duties and are not specific.  However, statutes are generally very specific and can impose very precise duties and standards of care.  If applicable, a statute that provides for criminal penalties, including fines, will substitute for the common law standard of negligence.  Another way of putting this is that when a defendant violates a statute, he has per se failed to meet the standard of care.

To make use of this legal theory, the plaintiff must show that she is in the “protected class” intended by the statute, and that the statute was meant to prevent the type of injury the plaintiff suffered.  An obvious example of negligence per se is Florida’s driving under the influence statute.  The intended “protected class” of the statute are other drivers and pedestrians.  The particular harm to be avoided is bodily injury or fatality.

The effect of establishing that the defendant violated the statute is that the plaintiff has established negligence conclusively. Some statutes actually except this theory, stating that “[f]ailure to comply with the provisions of this section shall not be deemed negligence per se in any civil action.”  Whether an applicable statutory standard of care applies is different in each case.  Bryan W. Crews, an Orlando personal injury attorney will evaluate your case and determine whether there is an applicable statute.

Dog bites are another example of negligence per se.  Ordinances often require that dog owners keep their pets on a leash.  If a dog is being walked within a jurisdiction that has such an ordinance, and bites someone, the owner will be negligent per se.

While violation of a statute is per se negligence, the converse is not necessarily true.  A defendant cannot establish his conformance with the duty of care by demonstrating he abided by the applicable statute.  A violation of a statute may be excused if compliance would have been more dangerous.

If your personal injury case involves behavior that violated a statute, proving the elements of your case may not require the same level of proof as is required in typical personal injury matters.  Contact Bryan W. Crews, an Orlando personal injury attorney for an evaluation of your case.

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, an Orlando 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 Orlando 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, an Orlando personal injury attorney.

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 Orlando 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.

Negligence is the failure to act in a reasonable or prudent manner.  Whether you know it or not, each of us is charged with a duty to act with care, a reasonable degree of caution.  The law punishes careless actors, those that do not account for the safety and security of others.  The law does not punish careful individuals that through happenstance find themselves in an accident.  Sometimes accidents happen.  Bryan W. Crews and his staff will gladly evaluate the circumstances of your personal injury and determine whether liability exists.

In a civil society we owe one another a general duty of care, which means that we are all obligated to act as an ordinary, prudent, reasonable person.  Sometimes called the reasonable person standard.  Defendants that do not take precautions against creating an unreasonable risk of injury to others are liable for any damage they cause.  At the same time, no one is under a duty to take unreasonable precautions.  A duty of care is owed to foreseeable plaintiffs.

A helpful example of how negligence operates are rescuer situations.  If you undertake the rescue of another, you may have a case for damages against defendants that needlessly place themselves in peril.  In some jurisdictions, civil servants such as police officers and firefighters are barred from recovery.  Emergencies also present high pressure circumstances and leave little reaction time, something that is taken into account when determining the standard of care.

The standard of care is established a number of ways.  Think of the reasonable person as an average member of society, in the most positive sense.  This is an objective standard.  Defendants must act as a person with average mental ability and have the knowledge of an average member of the community.  However, defendants with a superior knowledge or ability may be held to a higher standard.  But this standard is not automatically imposed on all defendants.

Professionals are held to a higher standard because of their expertise.  Professionals, or those with special skills, are required to possess and exercise the same knowledge and skill of members in the same profession or occupation.  This is markedly different from the reasonable person standard.  If you are harmed or injured as the result of professional negligence, Bryan W. Crews, an Orlando personal injury attorney, will investigate your case to determine the standard of care.  Important factors include professional certifications, training, how other specialists would have acted, accepted practices in the field, and whether local or national standards exist.

Children are required to act and behave as other children the same age, education, intelligence, and experience would act.  Some children are so young that courts will not impose a duty.  Courts will express this in terms of lacking the capacity for negligence.  This analysis changes however when a child engages in adult activities such as driving a motor vehicle or motorboat.  Then children will be held to the same standard that would be imposed on an adult.

Each case is different, and this short article on negligence may illuminate your understanding of personal injury law.  Bryan W. Crews is a personal injury attorney in Orlando with years of practice experience, successful recoveries, and a dedicated staff.  Call today for a consultation and evaluation of your case.

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

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

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

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

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

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

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

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

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

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

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

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

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

The attorneys at Bryan W. Crews, an Orlando law firm, have the experience, integrity and results to handle the needs of their clients.  With over 30+ years of courtroom experience and providing over $100,000,000 in relief for clients, Bryan W. Crews understand the importance to bring a client’s case to resolution quickly with the highest possible outcome.

Contact us today if you or a loved one is in need of a Free Case Evolution from an Orlando lawyer in one of the many areas of practice:

• Car Accidents
• Truck Accidents
• Workers Compensation
• Overtime and Wages & Hour
• Medical Malpractice
• Construction Accidents

Our Orlando car accident lawyers understand how challenging it may be to recuperate maximum damages for the losses following a car accident. For this reason, Bryan W Crews is devoted to working on your behalf to ensure that you get the guidance you need to fully recover from damages and / or loss.

Having over 30+ years of courtroom experience and represented accident victims throughout Orlando for over two decades, Bryan W Crews has reclaimed tens of millions in damages for our clients. Our stellar reputation for professional ethics, personal character and standing up for the injured ensures that you don’t need to battle for your legal rights by yourself. Being an experienced advocate for the injured in our Orlando community, devotion to justice is one thing that every one of our lawyer’s share. Plan a free case evaluation now to find out more about how we can stand by you. Our Orlando law firm work on a contingency fee and don’t get compensated until you win.

Why Hire an Orlando Accident Attorney?

Car accident victims in many cases are unclear about how to proceed following a car accident in Orlando. Speaking with an Orlando car accident lawyers should really be among your initial steps right after contacting emergency personnel for your car accident.

Our team of reputable Orlando lawyers and experienced support staff will:

• Collect law enforcement and accident reports from the Orlando Records Department
• Reconstruct the crash scene
• Question witnesses to determine the precise reason for the accident and who ought to be held responsible
• Collect and assess medical related records to determine how much compensation you are entitled to
• Review the driving history of the at-fault driver or responsible party
• Utilize expert witnesses to examine your documents and all of the evidence

Work with insurance adjusters on your behalf to negotiate a reasonable agreement

If you get in a car accident in Orlando, you can have confidence that our lawyers will work vigilantly and relentlessly with your interests in mind. Our Orlando car accident lawyers understand the significance of obtaining just compensation following a car accident to be able to put your everyday living back together again.

Obtaining Damages for Your Injuries

Under Florida’s No-Fault Law, all motor vehicle owners will have to possess a minimum of $10,000 of personal injury protection (PIP) and $10,000 of property damage liability. This permits an accident victim to recoup damages following a car accident from their personal insurance carrier regardless of who was in the wrong for the incident.

As outlined by Florida Statute 627.736, PIP should provide the following features for the insured individual, loved ones who are living in the same household, the one who had been operating the vehicle at the time of the accident, any passengers in the vehicle and anyone who was struck by the vehicle:

• Medical benefits: In the event the injured individual suffered a medical related emergency, he or she ought to collect compensation for 80 % of all initial medical treatment from within 14 days following the accident up to $10,000. This also applies to any additional medical care that is referred by the If the injured person did not suffer an emergency medical condition, he or she will only receive $2,500 for medical care.
• Disability benefits: PIP will cover 60 percent of any lost income or earning capacity for an individual whose injuries prevent him or her from working. It will also cover all reasonable expenses for obtaining services that the injured person would normally have been able to perform on their own.
• Death benefits: PIP will provide $5,000 in death benefits per individual in addition to any medical and disability benefits.

Regrettably, recuperating the extensive benefits an individual should have is not necessarily straightforward. Insurance providers may seek to reduce your claim, debate that your damages weren’t a result of the accident and / or seek to compensate as little as possible.

Having an experienced car accident lawyer in Orlando on your side can certainly improve your potential for recuperating damages following a car accident. Our Orlando car accident lawyers have 30+ years of courtroom experience negotiating with insurance providers representing our clients in order to help them obtain the damages they need. We will never be satisfied with anything less than what you deserve.

Battling for Additional Compensation

In cases concerning serious injuries, the benefits given by the insurer might not be sufficient to pay for the costs related to your injuries.

Under Florida law, it might be possible to file a personal injury case against the at-fault party to recuperate additional, special damages in the event the individual sustained an injury and / or disease that consists of:

• Significant and permanent loss of bodily function
• Permanent injury
• Significant or permanent scarring
• Disfigurement
• Death

Having said that, the law limits the types of damages that can be recovered in these situations to compensation for:

• Pain
• Suffering
• Mental anguish
• Inconvenience from a bodily injury, illness or disease

Damages for any situation that is covered within the PIP policy won’t be available from a lawsuit. Additionally, you won’t be able to recuperate punitive damages if you’re awarded damages which meet or exceed the insurer’s policy limits. Punitive damages are granted in extraordinary circumstances involving gross negligence. They are used to penalize the at-fault party and to dissuade others from engaging in similar behavior.

When establishing if you’re able to file a lawsuit as well as what types of damages you may be entitled, our Orlando car accident lawyers will carefully assess your injuries together with the assistance of medical professionals. We’ll subsequently accumulate all of the evidence necessary to develop a powerful case as your representative.

Types of Car Accident Claims

You will find a wide range of various causes of car accidents which bring about many different claims. Among the most frequent car accident claims our Orlando car accident lawyers are experienced with dealing with include:

• Negligence

Most car accidents tend to be the consequence of negligence. Which means that the at-fault party didn’t exercise a certain degree of care while on the road, such as:

• Driving under the influence
• Speeding
• Reckless driving
• Distracted driving
• Wrong-way drivers and head-on collisions
• Rear-end accidents
• Texting and driving
• Aggressive driving
• Hit and run accidents

These kinds of negligence can result in many different car accidents, including:

• ATV collisions
• Bus crashes
• Bicycle accidents
• Truck accidents

In these kinds of scenarios, our auto accident lawyers will execute a comprehensive

investigation into your accident to be able to establish the exact cause of the crash and to collect adequate evidence to demonstrate how the at-fault driver’s negligent directly caused your damages death of a loved one.

Florida Statutes of Limitations

If you feel you might have a case, it is essential that you speak to our Orlando car accident lawyers at the earliest opportunity, since you have only a limited amount of time to file a claim.

Under Florida Statute 95.11, you have four years from the date of your accident to create a personal injury claim concerning negligence. If this time frame passes, you’ll forfeit your opportunity to file for a claim.

Cases against the state or any one of its subdivisions has to be submitted in writing not more than three years following a car accident. Local municipalities might be even shorter, some within a few months of an accident.

Claims regarding a death has to be submitted within four years of the individual’s death, unless of course filed against the state, which needs to be filed within two years of the death.

Contact Our Orlando Car Accident Lawyers Today

If you or a loved one has become injured in a car accident, speak to an Orlando car accident lawyer without delay. There’s a limited period of time available to retain a personal injury lawyer to bring a personal injury claim against an insurance company or negligent party.

Through a free, no obligation claim evaluation, we’ll determine whether you have a case and then will immediately begin investigating and building a robust case that will help you obtain the damages you deserve.

At Bryan W Crews, we’re focused on defending the rights of the injured. We’ll battle relentlessly for you and don’t get compensated until you secure a favorable verdict or settlement.

Truck accidents are often very harmful. Every 2 hours, an innocent person is injured from a severe truck accident and the majority of times, it is actually a result of the driver’s personal negligence. A number of variables may play a role in a truck accident, including:

• Driver inexperience
• Fatigue
• Overloaded vehicles
• Equipment failure
• Speeding
• Driving Under the Influence (DUI)

Research reveal that tens of thousands of men and women are killed each year when it comes to accidents with large commercial trucks, however, not everyone understands they can be permitted to financial damages for his or her suffering and pain. If you’ve been involved in a truck accident in Orlando, Florida, you might be eligible for several benefits, which can include:

• Reimbursement for medical bills
• Compensation for damage to property
• Lost income
• Financial damages for pain and suffering

In the event you or a loved one were in a truck accident in Orlando, Florida, including semis, dump trucks and tractor-trailers, call us today and receive a free case evaluation from Bryan W. Crews, an Orlando truck accident lawyer, so that you could strengthen your chances of obtaining the maximum possible benefits for your injuries and losses.

How Can an Orlando Truck Accident Attorney Help Me?

If you’ve been hurt and / or lost a loved one from a truck accident, there are numerous groups or individuals involved, which includes the truck driver plus their organization, who might be liable for your damages; having said that, it isn’t unusual for these groups or individuals to reject wrong doing and / or responsibility for an accident. An Orlando attorney can certainly help determine liability for your accident, accumulate evidence to enhance your case and help ensure damages is sought from the appropriate groups or individuals.

Right after an accident, the trucking organization and its insurance carrier will begin an immediate investigation of the accident. These businesses possess specific and thorough processes on dealing with truck accident cases created to reduce the compensation of those hurt while in the accident. Some may document statements from witnesses, take pictures from the accident scene, and examine the vehicles to ascertain the magnitude of damage as a result of the accident. Authorities might also start their own investigation into your accident at this point, which could prove helpful for your case. At Bryan W. Crews, our Orlando attorneys will work with qualified industry experts to assistance in enhancing the official investigation.