Product liability cases are some of the complex matters which arise in the realm of personal injury law. Such cases often involve multiple defendants and can raise multiple theories of liability. One of the most hotly contested issues in any product liability case is proving that the defendants are, in fact, at fault. This article will discuss what must be proven in order to establish the fault of a defendant or defendants. It will also discuss the process of proving fault.

Establishing Fault and Recovering Damages in a Product Liability Case

In order to recover damages in a product liability case the victim must be able to show that the product was defectively designed, manufactured, or marketed. It must also be shown that the defect led to an injury. If each of these requirements are met then a victim may be able to recover compensation for medical expenses, lost wages, as well as pain and suffering. In extreme cases the harmed individual may even be able to recover punitive damages. In order to show that the design, manufacture, or marketing of a product was defective, the victim must establish that using the product as it was intended to be used created a dangerous condition or that the marketing inferred that the product could be used in a way which led to a dangerous condition.

Proving That a Product Was Defectively Designed, Manufactured, or Marketed

Preserving Evidence Immediately After the Injury Occurs

If an accident occurs involving a product, it is important that you maintain as much evidence as possible. This includes keeping the defective item and preserving it. It also includes taking as many photographs as possible of the injury, the area in which the incident occurred, and of the item itself. It is also suggested that you immediately make notes of what happened while the incident is fresh in your mind. If possible, making a video recording will be helpful as it can help to provide more context to what has happened. Additionally, it will be important to seek immediate care in order to help establish that your injuries were, in fact, caused by the product defect.

Conducting Discovery

If litigation becomes necessary, then the discovery process will be an important part of establishing liability. Discovery is the process by which information is gained from the other side in a lawsuit and it provides several tools for obtaining such information. These tools include Interrogatories, which are written questions to which the defendant(s) must provide written responses. Other tools include Requests for Production, which allow for the acquisition of documents, records, and tangible items. Additionally, depositions may be used to obtain sworn testimony from parties as well as non-party witnesses. The types of discovery tools utilized, and the nature of the information requested, will always depend on the specifics of the case.

Expert Witnesses

Proving that a product was defectively designed, manufactured, or marketed often involves analyzing facts that require specialized knowledge, training, or skill. These facts may relate to industry standards for certain types of manufacturing as well as steps that are typically taken or should be taken, during the design process. Also, understanding industry practices and standards when it comes to how a product is marketed can be crucial. Florida’s rules of evidence do not permit lay witnesses to testify in regard to such issues. In order to testify on these types of topics, a witness must be accepted as an expert by the Court.

Once the Court deems a witness to be an expert, then they will be permitted to testify in front of the jury. The expert retained by your attorney will offer testimony pertaining to why the product should be considered defective. The defense will have the opportunity to present evidence from its own expert witnesses. The amount of weight, if any, to be given to each expert’s testimony will be determined by the jury.

The Role of the Jury

If the matter proceeds to trial then the jury will be the final decider as to whether the defendants should be considered liable. The jurors will also decide the amount of damages to be awarded as well as whether any award should be reduced due to comparative fault. It is important to remember that jurors are everyday citizens who do not normally spend their time considering product liability-related issues. It is, therefore, important that you retain an attorney who can present your case to the jurors in a clear, concise, and straightforward fashion. If your counsel fails to present the case in this way, then important points may be lost on the jurors.

Selecting the Right Attorney to Prove Your Case

Establishing fault and damages in a product liability case can be both time-consuming and expensive. Given that these types of matters often involve multiple defendants and large amounts of documentation, the discovery process could very well take years. Furthermore, the costs of depositions and other discovery-related activities can quickly become high. Finally, expert witnesses typically charge substantial fees. All of these costs are paid upfront by your attorney, and counsel will not be reimbursed until your case settles or until a verdict is reached at trial.

When you are selecting an attorney to handle your case, it is very important that you retain a firm with the resources necessary to see your matter through to completion. Retaining counsel without the necessary resources can result in your lawyer having to withdraw while the litigation is pending. This could greatly hurt your case.

Contact A Florida Product Liability Attorney Today

It is important that you speak with a lawyer as soon as possible if you or a family member have been harmed by a defective product. Our firm practices exclusively in the area of personal injury law and we believe in standing up for the rights of people over those of companies. Contact us online or by telephone at 800-780-8607 to speak with a Florida product liability attorney.

The post Proving Liability in a Product Liability Case in Florida appeared first on Searcy Law.

We all expect products to be safe when we purchase them for ourselves or our children. Unfortunately, there are times when injuries occur as a result of using a product. Understanding the different types of claims that can be brought in such a situation is important to know what steps you should take next. We are writing this article to provide information that will help to explain the different types of product liability claims which arise in Florida.

Types Of Product Liability Claims

Product liability claims can be divided into three types. These claims stem from faulty design, faulty manufacturing, or defective marketing. We will discuss each of these in turn. 

Defective Design

A defectively designed product is one which is dangerous to end-users when it is manufactured in accordance with its original design specifications. Products can be defectively designed due to incompetence on the part of the designing individuals, a lack of internal quality controls, a failure to foresee possible use cases, and more. A product will be considered dangerous to the end user if they are put at risk while using the product as it was intended or in a way that it could be reasonably foreseen to be used.

Defective Manufacturing

Defectively manufactured products are those which are assembled or made in a way that is not consistent with the original design specifications. Such errors can stem from a manufacturer attempting to cut corners in order to save costs. They can also stem from manufacturing equipment not being set up or calibrated correctly, a lack of quality controls, or other negligence in the manufacturing process. Determining whether a product was defectively designed is one of the more objective inquiries in this area of law; it is a function of comparing how the item was assembled or made to the original specifications. Any discrepancy will show that the intended process was not followed. If that discrepancy can be shown to have caused the accident, then the manufacturer will face liability.

Defective Marketing

A product is defectively marketed when the advertising or promotion prompts individuals to utilize a product outside of its intended or foreseeable use case. This is the rarest type of context in which a product defect claim is brought. With that being said, such instances do occur.

The Various Types of Product Defect Claims May All be Interrelated

The three types of product defect claims mentioned above are often discussed independently of one another. The fact of the matter, however, is that there is often an interrelation between the companies who design, manufacture, and market a product. This can mean that each of the companies may share some level of liability for any of the three types of product defect claims.

Consider the following example. A toy company has a concept for a toy rocket launcher. They develop the design specifications internally. They also decide to outsource the manufacturing and marketing to two separate companies. The toy company’s engineers work closely with the engineering team from the manufacturer, and the same level of collaboration exists with the marketing company. A design flaw results in the launcher being dangerous when fired in too close of proximity to another person. The marketing also makes it appear that using the launcher in such a way would be safe. It is later shown that the manufacturing company had reason to believe the original design was defective but never raised the issue with the toy company. Under this scenario, the toy company would be liable for a faulty design. Also, the manufacturing company may face liability as they knowingly designed a dangerous product. Finally, the marketing company may face liability for implying the product was safe when, in fact, it was not.

While the outcome of any given case will always depend on the specifics of the matter, the foregoing example is meant to show that the interrelation between companies can lead to multiple forms of liability.

The Need For Expert Witnesses In Product Liability Cases

Product liability cases involve highly complex issues. Determinations as to whether the design, manufacture, or marketing of a product was defective will require the use of expert witnesses in most cases. Such witnesses can offer opinions as to whether proper safety precautions were taken as well as whether the design, manufacturing, or marketing process followed industry standards. The Court will not permit lay witnesses to offer testimony on such issues. Your attorney, therefore, will need to retain any necessary experts and will need to be experienced in dealing with such professionals.

Selecting an Attorney for Your Product Liability Case

When you are selecting an attorney to assist you, it will be important to select counsel who has experience in such matters and the resources necessary to handle such a case. Product liability cases involve highly complicated issues and numerous defendants. Failing to identify a possible cause of action or a possible defendant, can result in you receiving less than the amount of compensation that you deserve. Also, retaining a firm without adequate resources can result in counsel having to withdraw in the middle of the litigation.

When you are selecting a firm, we suggest you utilize the services of one which only practices in the area of personal injury law and which has experience in such matters. As part of the selection process, we suggest asking your prospective lawyer about similar cases they have handled. You should also make sure that the firm has the financial resources necessary to retain experts, conduct discovery, and more.

Contact A Florida Product Liability Attorney

If you or a family member have been harmed by a defective product, then it is important that you retain a lawyer as soon as possible. Our firm understands that this is a serious time in your life, and we will give your case the attention it deserves. Contact us online or by telephone at 800-780-8607 to speak with a Florida product liability attorney.

The post Types of Product Liability Claims in Florida: Design, Manufacturing, and Marketing Defects appeared first on Searcy Law.

Your choice of counsel can make a difference in the outcome of your case. Choosing the right lawyer can help ensure that you will receive the full amount of compensation that you deserve. This, in turn, helps to make sure that you have the money you need to cover future medical treatments, lost wages and that you are fully compensated for your pain and suffering. 

This article will explain why hiring the right lawyer is so important. It will focus on the following:

• Why experience matters when dealing with insurance companies
• How experience matters when dealing with issues common in personal injury law
• Why experienced counsel is more likely to have the resources necessary to handle your matter
• The need to choose a personal injury lawyer as opposed to a lawyer who takes personal injury cases

Each of these topics will be discussed in turn.

Experience Can Make an Attorney Better Able to Deal With Insurance Companies

Very few personal injury cases go to trial. Instead, the vast majority of cases settle. Settlement is often reached prior to the commencement of litigation and is sometimes reached after a lawsuit has been filed. Your lawyer will begin attempts to reach a settlement as soon as your long-term prognosis is reasonably known. The insurance company will be attempting to settle the matter for as little as possible throughout the process. They may even attempt to deny liability altogether.

It is not uncommon for an inexperienced attorney who does not focus on personal injury law, to drop a case immediately if the insurance denies liability or offers a lowball settlement. An experienced lawyer, by contrast, will be familiar with the process of dealing with insurance adjusters. This includes understanding that adjusters are more willing and able to negotiate than they will initially claim. Furthermore, experienced counsel will understand that insurance companies often deny liability at first, only to settle later. 

Experience Matters When Dealing With Issues That are Common in Personal Injury Law

There are several issues that arise in personal injury law which either do not arise in other legal areas or are infrequent. Retaining experienced counsel can help to ensure that such issues do not derail your case.

Comparative Fault

Florida has adopted the concept of modified comparative fault. This means that a personal injury victim can recover damages even if they were partially to blame for the accident. This is different from many other areas of law. In criminal law, for example, a defendant is “guilty” or “not guilty.” The concept of comparative fault means that an attorney will need to argue whether or not their client is “partially” liable and whether any such liability should prohibit their recovery. It will be important to retain an attorney who is experienced in arguing such issues to a jury. 

Cases Which Involve Numerous Defendants

Personal injury cases can often involve numerous defendants. Matters involving trucking accidents, for example, can involve the truck’s driver, the truck’s owner, a third-party management company, and other entities. Also, certain causes of action may exist against one defendant but not another. Having an experienced lawyer can assist with a) making sure all necessary defendants are named, and b) having representation that knows what steps to take when dealing with multiple parties.

Bifurcated Proceedings

Courts may sometimes order bifurcated proceedings in matters where there is a clear dispute over liability. This means that a Plaintiff would have to prove liability to the jury before being able to present any evidence of damages. Bifurcated trials do not occur in areas of practice such as family law or criminal law. Given that bifurcation can impact trial strategy, it is important that you retain an attorney with extensive personal injury experience. This allows you to have representation who has dealt with such a process previously.

In addition to being able to handle a bifurcated proceeding, experienced counsel will make arguments as to why the proceedings should not be bifurcated in the first place. Such arguments may include the fact that evidence of a victim’s damages may be necessary to establish how the injury occurred.

Retaining an Attorney With the Necessary Resources

Personal injury cases can be very expensive to litigate. In matters involving serious injuries, your attorney may have to pay expenses for expert witnesses and for a lengthy discovery process. Counsel would not be reimbursed until your matter settles or until you prevail at trial. Unfortunately, smaller law firms, who do not primarily practice personal injury law, take on complex matters only to realize that they lack the financial resources necessary to complete the case. This can lead to counsel having to withdraw in the middle of litigation. By retaining an experienced lawyer, you are taking a step towards making sure that your counsel can actually see the case through to completion.

The Difference Between Personal Injury Lawyers and Lawyers Who Take Personal Injury Cases

There are many law firms that practice solely in the area of personal injury law. There are also firms that practice in other areas but accept personal injury cases. Hiring the latter over the former puts you at risk of hiring a firm without the needed experience or resources to handle your case. This can result in you receiving less than the full amount of compensation to which you are entitled. When hiring a firm, we suggest you retain one which focuses solely in personal injury law. We also suggest you ask your prospective attorney about similar cases which they have handled and about steps that they will take to protect your interests.

Contact A Florida Personal Injury Attorney

If you have been injured by another person’s negligence, then it is important that you retain quality representation. Our firm is focused on the area of personal injury law, and we believe in protecting the rights of people over those of companies. Contact us online or by telephone at 800-780-8607 to speak with a Florida personal injury attorney.

The post Why Hiring an Experienced Personal Injury Lawyer in Florida Is Essential for Maximizing Compensation appeared first on Searcy Law.

If you have been injured in an accident, then you can expect to be contacted by the defendant’s insurance adjusters in short order. While most people are aware that dealing with insurers is an important part of personal injury law, there are several specifics about the system which must be understood. By understanding these specifics, you can have a better understanding as to how your case will proceed if you have been injured.

This article will focus on three key points in regard to the role of insurance companies. These points include:

• An explanation of Florida’s “no-fault” insurance law
• What an injury victim can expect from insurance following an accident
• How your attorney will deal with insurance on your behalf

We will discuss each of these topics in turn. If you are in need of assistance, then it is strongly suggested that you contact an attorney as soon as possible.

Florida is a “No Fault” Insurance State In Regard to Auto Insurance

All vehicles registered in the state of Florida are required to be covered by a personal injury protection (PIP) policy. After a car accident, the victim will be required to file a claim against their own policy before making a claim against the defendant’s insurance. If a victim’s damages are in excess of the PIP policy they may then make a claim against the defendant’s coverage for the remainder. The minimum required amount of PIP coverage in Florida is $10,000. It is important to note that PIP insurance will only cover claims for medical bills, lost wages, and property damage. It does not cover damages for pain and suffering.

You only have a limited amount of time in which you can bring a claim against your PIP coverage following a car accident. If you miss this window, then you may have difficulty moving forward with your situation. 

Any car accident case which involves a serious injury is likely to be in excess of a victim’s PIP coverage. The medical expenses in cases involving traumatic brain injury, spinal damage, broken bones, or other such injuries will typically be in excess of PIP coverage. 

PIP coverage is only an issue in car accident cases. In matters such as a slip and fall, a product liability case, or other matters not involving a car wreck, you will be able to bring an action directly against the defendant’s insurance without involving your own carrier.

What To Expect From Insurance Following An Accident

Injury victims can typically expect to be contacted by a defendant’s insurance carrier almost immediately following an accident. The insurance company’s claims adjuster will attempt to meet with you as soon as possible. They will also typically claim that you should not contact an attorney and that your interests are best served in dealing with them directly. As part of this claim, they will likely state that you would not receive a higher settlement if you retain an attorney. It is crucial to remember, however, that these adjusters are employees of the insurance company and that their job is to make sure that you settle for the lowest amount possible. When you retain an attorney, you are gaining a representative who is looking out for your interests as opposed to those of an insurance company.

It is simply not accurate when insurance adjusters claim that you will receive no greater of a settlement when you retain counsel. In fact, it is common for insurance companies to attempt to deny liability altogether. When you have representation, then they are aware that a lawsuit may be filed if they wrongly deny coverage. Our experience is that having counsel increases the likelihood of a greater settlement.

Your Attorney Will Deal With The Insurance Carriers and Attempt to Reach a Settlement

Once you retain an attorney, then counsel will notify the insurance carrier of the representation. The carrier will then deal with your lawyer directly. Once your long-term chances of recovery are reasonably known, then your lawyer will send a demand letter to the carrier. This letter will state the amount of money that you are requesting for a settlement, your basis for requesting that amount, and documentation that supports the request. Your attorney will then engage in back-and-forth negotiations with the insurance carrier. If a settlement can be reached, then the case will be resolved. If a settlement cannot be reached then a lawsuit will be filed before the relevant statute of limitations expires. 

The insurance adjuster will continue to be involved in your case. Your attorney will continue to engage in settlement negotiations while the matter proceeds to litigation. While they will be dealing with defense counsel at that point, the insurance adjuster will still have the final say over any settlement. In other words, your attorney will negotiate through defense counsel, and they, in turn, will seek approval for a settlement through the insurance adjuster. Very few cases actually go to trial. This means that if your case does not settle before a complaint is filed, then it is likely to settle before trial.

While it is understandable that you wish to resolve your case and move on with your life, it is important that you take the advice of your attorney as to when you should settle. Remember that your attorney’s role is to protect your best interests. If they advise you to wait for a better offer, then they are basing this off of experience and weighing the increased time it will take into the calculus. 

Contact A Florida Personal Injury Attorney Today

If you have been injured by the negligence of another, then it is important that you do not attempt to deal with the defendant’s insurance yourself. Doing so can result in you receiving less than the full amount which you are entitled to. Our firm is dedicated to protecting the rights of people over those of insurance companies. Contact us online or by telephone at 800-780-8607 to speak with a Florida personal injury attorney.

The post The Role of Insurance Companies in Florida Personal Injury Cases appeared first on Searcy Law.

Serious injuries can result from a motorcycle accident. Riders hit by an oncoming car may suffer a traumatic brain injury, neck injury, spinal damage, or even wrongful death. If you have been involved in such an accident, then it is important that you immediately take steps to protect your health and your legal rights. Failing to do so can result in you not receiving the full amount of compensation which you are entitled to. Below are suggested steps to make sure that you remain in the best position possible.

Seek Immediate Medical Care

If you are seriously injured in an accident, then an ambulance will typically arrive to take you to the hospital. It is important that you accept this care even if you believe that an ambulance ride is unnecessary. If the accident was not serious enough to warrant an ambulance being called, then it is important that you go straight to a hospital regardless of how you are feeling. The primary reason for seeking immediate care is that many injury symptoms may not begin to manifest until later. This can result in your injuries worsening more than necessary as time goes on.

If you do not seek immediate medical care after an accident, then you run the risk of the defense claiming that you, in fact, were not injured in the wreck. The defense will claim that, instead, you were likely injured by some event that occurred in between the accident and the time at which you went to the hospital. In the pre-trial phase, you can expect that such arguments will be made as part of an inadequate settlement offer. Should the matter go to trial, then you would run the risk of receiving nothing if the jury believes such arguments. By seeking care as soon as possible, you help to foreclose such arguments.

The cost of medical care should not dissuade you from going to the hospital after an accident. Medical providers will typically agree to accept a lien on any eventual settlement. This means that you will be able to receive treatment, now and in the future, without having to pay money out of pocket before a settlement is reached.

Retain an Attorney Before Speaking With the Insurance Adjuster

It is common for the defendant’s insurance adjuster to contact you immediately following an accident. They may even contact you within twenty-four hours. The adjuster will typically encourage you to meet with them as soon as possible. They will also claim that it is not in your interests to deal with an attorney. They will state that having an attorney does not increase the amount you will receive for a settlement. It must be remembered, however, that the insurance adjusters protect the rights of the insurance company. It is their job to get you to settle for the lowest amount possible, and they are not concerned with protecting your best interests. An attorney, by contrast, is charged with protecting your rights. This is why it is suggested that you retain counsel to deal with the insurer on your behalf.

Once you retain an attorney, your counsel will inform the insurance company of the representation. The insurer will then deal with your representative directly. This will allow you to deal with the important business of treating your injuries. When selecting counsel, we suggest that you choose a firm that focuses on personal injury law as opposed to one that simply takes personal injury cases. We also suggest you ask your prospective attorney specifics as to how they will handle your case and about the results they have achieved in similar matters.

Understand That It May Take Substantial Time Before Your Case Settles

If you have been involved in a motorcycle accident, then you most likely are hoping to put the matter behind you as soon as possible. While this desire is understandable, it is important that you not accept a “quick” settlement. This is due to the fact that your long-term chances of recovery must be reasonably ascertainable before you accept a settlement. If you settle before knowing your long-term chances of recovery, then you run the risk of accepting a “lowball” settlement that will not meet your needs.

Consider the following example. Joe Victim, is in a motorcycle accident and suffers a head injury. He is suffering symptoms that include dizziness and a lack of coordination. He receives a low settlement offer and accepts it out of the belief that he will make a full recovery. Unfortunately, as time goes on the doctors inform Joe that he will not recover further and he will suffer these symptoms for the rest of his life. Joe is unable to return to his career as a result. Given that Joe has already settled his claims, he will not be compensated for future medical care and future lost wages. While this example may be simplified, it demonstrates the need to know your long-term prognosis before accepting a settlement.

Take the Advice of Your Attorney as to When You Should Settle

Your attorney will offer advice as to when is the best time to settle your case. Remember that your lawyer is responsible for protecting your best interests, which includes whether or not you should accept a settlement offer. Given that counsel will have experience in dealing with medical professionals, they will be able to make an educated decision as to whether you should treat further before accepting an offer or whether it is best to settle now. You can increase your chances of recovering as much as possible by listening to your attorney.

Contact A Florida Motorcycle Accident Attorney Today

If you have been involved in a motorcycle accident then you have likely suffered serious injuries. It is important that you retain a lawyer with experience in such matters in order to protect your rights. Our firm is dedicated to standing up for the rights of individuals, and we will give your case the attention it deserves. Contact us online or by telephone at 800-780-8607 to speak with a Florida motorcycle accident attorney.

The post What to Do If You’re Injured in a Florida Motorcycle Accident appeared first on Searcy Law.

Being injured in a bicycle accident can be devastating. It almost goes without saying that a cyclist is no match for an oncoming car. Such cases can result in paralysis, other serious injuries, or even wrongful death. Understanding the causes of such injuries and how to avoid them can help to prevent these types of situations. It is also important to understand how Florida’s comparative negligence laws impact bicycle accident cases.

Bicycle Accidents Are Often Caused By Negligent Drivers

There are several ways in which a negligent driver can injure a cyclist. These include driving while distracted, changing lanes without signaling, and running traffic signals.

Distracted Driving

Distracted driving has become a leading cause of car accident cases in Florida. The same is true when it comes to bicycle accidents. Examples of distracted driving can include the operator of a vehicle talking, texting, or looking at social media while operating their car. Distractions, however, are not limited to activities that occur on a smartphone. They can also stem from eating while driving, adjusting the radio, talking to passengers in the car, etc. These types of activities can all lead to a driver hitting a cyclist.

Cyclists can reduce the chances of being hit by a distracted driver by paying close attention to the patterns of nearby cars. Those who are driving distracted may be more likely to be veering side to side, to be following other cars too closely or at an abnormal distance, etc. While a cyclist cannot veer into nearby cars, they can observe erratic behavior, which could indicate that a driver is operating their vehicle while distracted. Avoiding such vehicles can reduce the chances of an accident.

Changing Lanes Without Signaling and Running Traffic Signals

Drivers often change lanes without signaling, and they also sometimes run through red lights or stop signs. This can result in an accident when a cyclist has the right of way and assumes that others will obey the traffic laws. Such errors by a driver can result in the cyclist being hit while in an intersection or a car hitting from the side while changing lanes. Given that the vehicle will likely be traveling at full speed when the driver makes such an error, the cyclist is likely to suffer serious injuries.

The best way for a bicycle rider to avoid these types of accidents is to not assume that cars will be obeying traffic laws and to pay close attention when approaching an intersection. This means, for example, that when a rider is approaching an intersection where they have the right of way, then they should still slow down slightly and observe each side of the road before crossing. If an oncoming car clearly appears that it is not going to stop, then the rider can stop even though they have the right of way.

Bicycle Accidents Can Be the Fault of the Cyclist

There are multiple ways in which a cyclist may be to blame for a bicycle accident. These include the failure to signal, riding too far to the side of a lane, etc.

Bicycle Riders are Obligated to Utilize Turn Signals

Bicycle riders must follow the rules of the road. These include indicating they are about to turn through the use of hand signals. Riders not signaling can be especially problematic when they are turning left from a lane in which they also have the option of going straight. This can lead to a car believing that they have the right of way when, in fact, they do not. The best way for a rider to avoid accidents involving the failure to use turn signals is, obviously, to use them.

Riders May Cause an Accident By Staying too Far to the Side of a Lane

Cyclists sometimes make the mistake of not staying in the center of their lane and, instead, riding too close to one side or the other. While the entire lane is technically the rider’s “space,” if they are too close to either side then they make it more likely that they will be hit by a car that ever so slightly enters the wrong lane. Staying in the center of one’s lane helps a rider prevent being involved in an accident.

Florida Bicycle Accidents Often Involve Comparative Fault

Florida has adopted the concept of modified comparative negligence. This means that an accident victim can still recover damages even if they were partially at fault for the incident. Any damages they are awarded will be reduced by the extent to which the jury considers them responsible for the accident. If a victim is found to be more than fifty percent responsible for an accident, then they will recover nothing.

Consider the following example. Joe Rider turns left at an intersection without signaling. He is hit by Bill Driver. The evidence shows that Bill, who technically had the right of way, was speeding and was also texting while driving. The jury found that each side was equally responsible for the accident. Joe’s damages are determined to be $100,000. Joe, therefore, will receive $50,000 ($100k in damages minus Joe’s 50 percent share of fault).

Comparative fault is an especially important issue in bicycle accident cases as the driver of a car will often claim that the rider changed lanes without signaling, was following too closely, etc. Given that bicycle accidents often have more room to argue as to who was at fault for the wreck, it will be important that you retain an attorney who is experienced in presenting such issues to the jury.

Contact A Florida Bicycle Accident Attorney Today

If you or a family member were injured while cycling, then it is important that you contact a lawyer as soon as possible. Counsel will immediately begin dealing with the opposing party’s insurance while you focus on your treatment. Our firm is dedicated to standing up for the rights of individuals over those of insurance companies. We know this is an important time in your life, and we will give your case the attention it deserves. Contact us online or by telephone at 800-780-8607 to speak with a Florida bicycle accident attorney.

The post The Most Common Causes of Bicycle Accidents in Florida and How to Avoid Them appeared first on Searcy Law.

Defective products can lead to serious injuries and even the wrongful death of you or a loved one. Cases that stem from defective products come in a variety of forms and can involve a range of defendants. Understanding how defective products can impact Florida consumers, which parties may be held responsible, and the types of claims which can be filed may assist you with knowing what to expect from the legal process.

Florida Defective Product Cases Can Involve Defects in Manufacturing, Design, or Marketing

Defective Manufacturing

A defect is considered to have occurred in the manufacturing product when a dangerous condition stems from the builder or maker failing to follow the product’s intended design. Failures to follow the intended design can stem from negligence on the part of the manufacturer. They can also stem from the manufacturer intentionally changing the intended process in order to save costs. 

Defective Design

Some products are inherently dangerous due to a design flaw. This means that, even if the product is built exactly as it was designed to be, it will still be inherently dangerous to consumers. Defective design can be the result of incompetence by the designing entity or a failure of internal controls or review processes. It can also be the result of a designer who omits what they know are important safety features in an effort to keep projected manufacturing costs down.

Defective Marketing

A product may very well be designed and manufactured in a way that makes it relatively safe. Defective marketing, however, may lead the public to use the product in a way that was not originally intended. If such marketing leads to a product being used in a way that causes injury, illness, or death, then liability may ensue.

Identifying the Parties Potentially Liable For a Product Which Was Defectively Designed, Manufactured, or Marketed

The three types of product liability cases described above can make it seem as if liability will be isolated to only one entity. This entity would be the one who designed the product or either the one who manufactured it, or marketed it. The fact of the matter, however, is that there is often extensive collaboration between these entities, and liability may extend to multiple parts of the product chain.

Consider the following example. A company has decided to sell a new laptop computer. The computer will be designed in-house and marketed by a third-party agency. The design team is aware that the product may not have market viability unless costs are kept low. As a result, the computer is designed in a way that does not allow adequate ventilation to its internal parts and can cause overheating if left on too long. The third-party manufacturer has its own engineering team, and when reviewing the design, they raise these concerns. The concerns are overruled, and the computers are built in accordance with the original design. Finally, the marketing company makes battery life and the ability to leave the computer on long-term a key to its advertising campaign. The advertising company makes no effort to ensure that safety testing has been conducted to ensure that continuously leaving the computer on is safe.

Liability can extend to multiple entities under the aforementioned scenario. The designing company obviously cut corners to save projected costs. The manufacturing company built a product that they had reason to believe was dangerous. The marketing company generated an ad campaign without ensuring that their ads would lead to safe use of the product. While every case will depend on the specifics of the matter, this example shows how liability can extend to multiple entities.

How Defective Products Harm Consumers

A defective product’s harm to consumers can come in the form of immediate injury or health problems that occur after long-term use. Immediate injuries can involve scarring, burns, and permanent disability. Long-term health problems can lead to a shorter life expectancy as well as constant pain and discomfort. 

Consumers can suffer several impacts from the types of harm listed above. The first is the fact that they will be required to incur medical expenses now and in the future. If one has suffered a serious injury these expenses can be substantial as they can entail multiple surgeries, rehabilitation, etc. Second, consumers can suffer lost income due to time they have missed from work and time they can be expected to miss going forward. If an injury is severe enough, and a consumer is not able to return to the workplace, then they may miss out on a lifetime of income. Finally, as in any personal injury case, a consumer will endure physical pain due to the accident and ongoing care. They will also endure suffering and aggravation from having to go through the process as well as from having to go through ongoing treatment. 

How an Attorney Can Help an Injured Consumer

An attorney can take immediate steps to protect the interests of a consumer. These steps include identifying all the potential defendants and making immediate contact with their insurance carriers. Once a defendant’s damages are known then the attorney will submit a settlement demand to the insurers. If a settlement cannot be reached, then the attorney will file a lawsuit and litigate a case on the consumer’s behalf.

An attorney will retain any necessary professionals who may be needed, given the complex nature of product liability cases. These professionals can include investigators, medical experts, as well as industry and design experts. The attorney will pay the fees of these experts up front and will not be reimbursed until your case settles or goes to trial.

Contact A Florida Product Liability Attorney

If you or a family member have been harmed by a defective product then it is vital that you return a lawyer to assist you. The handling of such matters is highly complicated, and having experienced counsel can help to ensure that your rights remain protected. We are proud of the level of service which we provide, and we recognize the urgency of your situation. Contact us online or by telephone at 800-780-8607 to speak with a Florida product liability attorney.

The post The Impact of Defective Products on Florida Consumers: Types of Product Liability Claims appeared first on Searcy Law.

Dog bites can lead to serious injuries on the part of the victim. Such injuries can include scarring, nerve damage, the loss of limbs, and even wrongful death in some cases. Florida cases involving dog bites differ from other areas of personal injury law in regard to the determination of liability. It is important to understand how liability is determined in such matters and how damages are calculated.

Florida Law Regarding Dog Bite Liability

Florida Imposes Strict Liability On Dog Owners

Under Florida Statute 767.04, a dog owner is liable any time their pet bites a person in a public place or in a private place in which the victim has the right to be. Liability will be imposed regardless of whether the dog’s owner had reason to believe the animal was dangerous or whether there was a history of other bites. This is known as “strict liability,” which is applied when an act occurs regardless of whether or not a defendant was negligent. In other words, the owner of a dog will be liable for a bite even if they were taking reasonable precautions to keep the animal from harming others. This is different from other areas of personal injury law, where liability is only imposed on a defendant who acts in a negligent manner.

Florida’s Comparative Fault Laws Will Apply to a Dog Bite Case

Florida has adopted the concept of modified comparative fault and this doctrine applies to dog bite cases. Under this concept, a victim’s compensation will be reduced by their share of blame for an accident. So, for example, if the jury finds that a victim is forty percent to blame for the accident, then they will only receive sixty percent of their total damages. If the jury finds that a defendant is at least fifty-one percent to blame for an accident then they will be prohibited from recovering any compensation.

Consider the following example. An individual is walking his or her dog on the sidewalk. A twenty year old woman is approaching and states that she likes the dog. The owner warns the woman that the dog is not friendly and asks that she stay away. The woman ignores this warning and quickly approaches the dog to pet it. The dog bites the woman and she suffers serious scarring on her hand. Given that the woman was warned of the danger, and was explicitly asked to stay away and approached the dog anyway, there is a chance the jury would say that the woman is more than fifty percent responsible for the accident. If the jury reached such a finding then the woman would receive no compensation.

Now suppose, continuing with the example from above, that the jury found the victim to be forty percent responsible for the accident. Also, suppose the jury determined that the victim suffered $100,000 in damages. The victim would receive $60,000 under these findings ($100k – 40%). It must be remembered that this example is only for illustrative purposes and how the jury will rule in any given situation will always depend on the specifics of the case.

Dog Owners May Not Be Liable For a Bite

There are two situations in which a dog bite victim may not be able to recover damages. The first involves situations in which the person is not lawfully on the property upon which they were bitten. If, for example, a victim was walking across private property, in violation of a clearly displayed “no trespassing” sign, then the owner may not be liable for any bite that occurs. The second situation in which an owner would not be liable involves instances where a “Bad Dog” sign has been displayed on the property in a way that is clearly visible. It should be noted that the placement of such a sign will not necessarily shield the owner from liability if the victim is under six years old.

Calculating Damages After a Dog Bite

If you have been bitten by a dog then you may be entitled to compensation. There are multiple factors which are considered when calculating your damages. These factors include the following:

• Past and future economic losses – This includes wages you have lost to date due to missed work as well as wages you can be expected to lose in the future. If the injury has created a situation in which you cannot be expected to return to your former profession, then you will be entitled to the difference between what you could have potentially earned and what you are now expected to earn.
• Past and future medical expenses – You will be entitled to medical expenses incurred to date as well as the future costs of care, medication, additional surgeries, cosmetic surgery to repair disfigurement, etc. Medical costs can quickly become extreme in dog bite cases. This is due to the fact that such injuries may involve extreme scarring which requires cosmetic surgery. The injuries may also involve nerve damage, disfigurement, and other issues which have lasting repercussions. 
• Pain and suffering – As in any other personal injury case, you will be entitled to pain and suffering. This includes pain you suffered at the time of the attack, pain incurred during treatment, and discomfort you feel at any other time as a result of the injuries. It also includes compensation for aggravation, distress, and inconvenience associated with the attack, your treatment, and the incident’s overall impact on your life.

The determination of damages is typically a hotly contested issue in dog bite cases as the insurance carriers will often make claims of comparative fault.

Contact A Florida Dog Bite Attorney

If you have been attacked by a dog then it is important that you seek immediate medical care. The next step in protecting your rights is to contact a lawyer as soon as possible. Our firm strives to provide the highest level of representation and we understand that this is a serious time in your life. Contact us online or by telephone at 800-780-8607 to speak with a Florida dog bite attorney.

The post Florida’s Dog Bite Laws: Liability and Compensation for Victims appeared first on Searcy Law.

There are several misperceptions as to how damages are calculated in a personal injury case. Common misbeliefs range from thinking that there is a standard formula for calculating damages to believing that punitive damages are common. The truth of the matter is that damages are determined on a case-by-case basis. If the matter does not settle then a victim’s final award will be determined by the jury. In order to better understand how compensation is calculated, it is best to discuss the different components of a victim’s damages, how these components are proven, and why the issue is typically highly contested.

The Calculation of Damages is Based on the Total of Several Components

Determining a Victim’s Economic Damages

The first component of compensation in a personal injury case is your economic damages. These consist of lost income, lost business profits, and other expenses which you have had to pay as a result of the accident. This is further broken down into losses you have already incurred as well as losses you can be expected to incur in the future.

Suppose, for example, that an individual is a welder by trade. Now suppose that they are involved in a car accident and that they suffer a serious blow to the head during the wreck. As a result, the person has ongoing issues with hand-eye coordination. After some time, it is determined that these issues are permanent and that the individual will not be able to return to their career as a welder. They will be entitled to lost wages for time they missed from work already as a result of the accident. It will then be determined, typically through the use of experts, how much the individual would have made for the rest of their life as a welder and what they can now be expected to make in another occupation. Any difference in lifetime earnings will be added to their economic losses.

Economic losses go beyond lost wages or business profits. Continuing with the example from above, suppose the individual’s head injury will also restrict their ability to drive for the rest of their life. As such, they can expect to pay extensive money for alternative transportation (bus rides, Uber rides, etc.). Their economic losses will include this money, which they must now pay out.

Determining a Victim’s Medical Damages

As with economic losses, a personal injury victim is entitled to compensation for past and future medical expenses. Past medical bills will include all money paid to date for care, medications, ambulance rides, etc. Determining this amount is a straightforward task of adding up all bills incurred to date. The determination of future losses is more complicated. A medical expert will offer an opinion as to the extent to which the victim will require future care and their prospects of making a full recovery. This opinion will include an estimate of costs for future surgery, future rehabilitative care, needed medications, etc. It will also include estimates of special accommodations a victim may need if they are not expected to make a full recovery. These accommodations can include the cost of wheelchairs, in-home devices that are required to assist with living, and more.

Calculating Pain and Suffering

There is more to an accident victim’s damages than the dollars lost from work and medical care. You are also entitled to compensation for your pain and suffering. Pain and suffering will include physical discomfort which you suffered during the accident, during any treatment to date, and that you can be expected to endure going forward. It also includes general discomfort that is now part of your life. Another component of pain and suffering is the aggravation, stress, and grief which you have suffered and will continue to suffer going forward. 

How To Prove Damages in a Personal Injury Case

Establishing Your Damages If Your Case Settles Before Trial

The bulk of personal injury cases settle without going to trial. The initial step in requesting a settlement is to send a demand letter to the insurance adjuster. This letter will detail the amount you are requesting and will include documentation which supports that request. This documentation will include medical bills, wage statements, a timeline showing how you have been inconvenienced by the accident, records showing the amount of time you have spent in hospitals, etc. Your attorney will use this type of documentary evidence to engage in back-and-forth negotiations and reach a settlement on your behalf.

Establishing Your Damages at Trial

If a settlement cannot be reached with the insurance adjuster then your matter will proceed to litigation, which will conclude with a trial. The jury will be the sole decider as to the amount of compensation which you receive. They will be able to consider evidence such as testimony from yourself, your family and friends, your treating physicians, as well as others. They will also often be offered testimony from expert witnesses in regard to your need for future care and how the accident has impacted your future earning potential. The type of evidence presented to a jury in any given case will always depend on the specifics of your situation.

The Calculation of Damages Is Often Highly Contested

The determination of a victim’s damages is highly contested in most personal injury cases. It is important that you retain an attorney with extensive trial experience so that your case is presented to the jurors in a way that is concise and easy to follow. Doing so increases the likelihood that what you have been through is not lost as it is relayed to the jurors. 

Contact A Florida Personal Injury Attorney Today

If you have been injured due to the negligence of another then it is important that you take immediate steps to protect your interests. Contacting a lawyer is one of the first steps which you should take. Our firm is dedicated to providing the highest levels of representation and we understand that this is a serious time in your life. Contact us online or by telephone at 800-780-8607 to speak with a Florida personal injury attorney.

The post How to Calculate Damages in a Florida Personal Injury Case appeared first on Searcy Law.