Protecting the Rights of Injured Victims
The county line between Sarasota County and Charlotte County runs right through Englewood, Florida. Englewood also happens to be home to several of our friends and former personal injury clients. At David Holland Law, we never quite get used to practicing personal injury law, and we don't want to.
It is always gut-wrenching to watch a seriously injured client struggle both physically and financially, and it never fails to anger us when insurance companies and defendants attempt to cheat a vulnerable client out of just compensation. Anger can be empowering, however, and it certainly is for us. And we use that power to fight for our clients.
Why You Need the Services of a Professional
Judges commonly advise people who attempt to represent themselves in a legal matter that they are no better off doing so than if they would be if they were attempting to remove their own appendix. This is probably an exaggeration, but not much of one. Courtrooms are dominated by arcane rules of evidence and civil procedure. Also, at the negotiating table, you will probably be facing a professional negotiator with intimate knowledge of personal injury law.
The Florida personal injury lawyers at David Holland Law know all of the other side's favorite negotiating tricks, because we have seen them all before. Should your case go all the way to trial (and statistically, very few cases do), we know our way around the courtroom. Try not to think in terms of win/lose. Even if you win compensation, the question is, how much will you win?
Our Client Says:
“Mr. Holland returned my call quickly and was very helpful! He answered my questions, and said he would be available for further assistance if I needed him. Very friendly and professional.” 😊 Linda W.
Frequently Asked Questions (FAQs)
If the person who injured was on-duty at the time but is underinsured, can I claim against his employer?
First of all, it is important to note that most companies heavily insure their drivers. Assuming nevertheless that the driver is underinsured, the system works like this:
- If the driver is classified as an employee of the company, the company will probably be liable for the driver's on-duty negligence.
- If the driver is classified as an independent contractor rather than an employee, the company will not be liable for the driver's own negligence.
- If the company itself acted negligently (by failing to properly maintain the driver's vehicle, for example), and if the company's negligence caused the accident, you might be able to hold the company liable.
Can I still win the case even if the accident was partly my fault?
Under Florida's “contributory fault” rules, you can recover that portion of your damages that was not attributable to your own fault. If the other driver was 65 percent at fault, for example, you could received 65 percent of your damages – but you would have to pay 35 percent of the other driver's damages.
I didn't discover until a year later that my illness was probably caused by medical malpractice. Do I still have time to file a claim?
Yes. The statute of limitations deadline for filing a lawsuit is two years. And this two-year period doesn't begin to run until you discover or should have discovered that you have a medical malpractice claim.
What kinds of damages am I eligible for?
Depending on your situation, you might be eligible to collect damages for:
- Medical expenses;
- Lost earnings;
- Incidental expenses such as child care; and
- Pain and suffering, mental anguish, or other psychological harm.
Punitive damages are possible, but they are rare. They might be awarded if, for example, you were injured because your doctor operated on you while he was intoxicated.
Time Is of the Essence – Take Bold Action Today
The Florida civil compensation system is adversarial to the core, and that means that in order to win, you must be aggressive. Although it is true that the Florida statute of limitations gives you plenty of time to file a lawsuit, your best shot at a full recovery happens when you act promptly and decisively.
If you have been injured under circumstances that lead you to believe that someone else may be responsible, contact David Holland Law today. Call (941)744-5450 or by fill out our online contact form to schedule a free consultation where we can listen to your story and answer your questions. We take clients from all over Englewood, including Grove City, Manasota Key, Manasota Beach/Woodmere, and elsewhere.