A Florida Personal Injury Law Firm that Fights for the People of Ellington
Ellenton, Florida, is a delightful little town in Manatee County – at least we think so. The Gamble Plantation Mansion, among other local attractions, stands out as an important historical landmark. As tranquil as Ellenton sometimes seems, however, it is not immune to the dangers that other communities experience.
People are injured every day here, and sometimes the injury is someone else's fault. It is exactly this situation that Florida personal injury law was designed to deal with: economic justice for those forced to suffer due to someone else's negligence, recklessness, or even intentional misconduct. At David Holland Law, we know all too well exactly what it takes to turn an abstract legal claim into cash in the bank.
Settlements and Lawsuits: How It Works
Most personal injury claims are paid out by insurance companies or corporate defendants, not private individuals. In most cases, it is best to seek a negotiated settlement rather than go to court. An insurance company, of course, won't offer you a dime unless you have evidence sufficient to put them at risk of losing a lawsuit if they deny your claim.
The typical sequence used in resolving a personal injury claim is: (i) attempt to reach a negotiated settlement, (ii) file a lawsuit to prove you mean business if the insurance company refuses to settle, (ii) continue negotiating, armed with the leverage of having already filed a lawsuit, and (iv) if necessary, go to trial. Few personal injury claims proceed all the way to trial.
Our Client Says...
“Outstanding and professional service from this law firm. I would highly recommend. Thank you for such great handling of everything.” – Gene
Frequently Asked Questions (FAQs)
Does Florida have a “dram shop law” that would allow me to sue a bar for serving drinks to an intoxicated driver who injured me?
Yes, but the Florida's dram shop law is one of the nation's most restrictive. Simply serving an obviously intoxicated patron will not subject a bar to liability. You must prove that the driver was under 21 or was “habitually addicted” to alcohol, and that this was known at the time he was served.
I was sickened by a prescription drug. Should I file a claim against my doctor or the drug manufacturer?
A lot depends on the specific facts of your case. It might even be possible to file a claim against both of them. If the drug is defective, you could possibly claim against either the manufacturer or the distributor for:
- A design defect;
- A manufacturing defect; or
- Inadequate product warnings.
The doctor, on the other hand, might be guilty of malpractice if he wrongfully prescribed the medication (if you are pregnant, for example, and the label states that the drug should not be prescribed to pregnant women).
My daughter was injured by an intoxicated driver. Can I file a lawsuit on her behalf?
You probably can since in Florida, a minor (under 18) cannot file a lawsuit in her own name. The court will appoint someone to represent the minor. A court is highly likely to appoint a parent as representative unless the child's claim is against the parent. Any damages, of course, will belong to your daughter, although they may be placed in trust until she turns 18.
Will you keep our communications confidential?
Yes, we will. Attorney-client privilege is a professional ethical obligation that binds all lawyers to keep their communications with their client confidential unless the clients give permission to reveal the information. We would even be bound to refuse a court order to divulge this information.
Lack of Money Is Not the Problem – But Lack of Time Could Be
You needn't worry that you can't afford to retain us. Ultimately, it is the quality of your personal injury claim that concerns us, not how much money you have in the bank. We know that if we win your case, the money will come in – from the defendant. That is why we won't charge you a dime in legal fees unless we win compensation for you.
Time, on the other hand, is a different story. Even though Florida allows you four years after an accident to file a lawsuit (in most cases), critical evidence can begin to deteriorate long before that deadline. Contact David Holland Law today by calling (941)-744-5450 or filling out our online case evaluation form to schedule a free consultation. We serve clients throughout Ellenton, including Town Center, Erie Rd. and 69th St.