Orlando, Florida Personal Injury Lawyers

Personal Injury Attorneys Proudly Serving Clients Throughout Florida

The Orlando personal injury lawyers at Colling Gilbert Wright understand that all serious personal injuries have catastrophic consequences for victims and their families. In addition to the physical pain and suffering and the mental anguish of the victim, the economic cost to a family can be devastating. Mounting medical bills, loss of household income, and resulting debt can send a family reeling.

At Colling Gilbert Wright, our personal injury lawyers are devoted to the folks we serve. We ensure that your rights are protected and all avenues of justice are explored with ethical, compassionate, and forthcoming representation. If you’ve been injured or a loved one has tragically passed due to someone else’s negligence, our attorneys will be by your side every step of the way in the pursuit of the compensation you deserve.

Call the personal injury lawyers at Colling Gilbert Wright today at (407) 712-7300 or contact us online for a FREE consultation. We are proud to serve our neighbors in Orlando, throughout Florida, and across the U.S.

Our Orlando personal injury lawyers have extensive experience representing plaintiffs in a broad range of personal injury claims. We will listen to your story and build a compelling argument for your case. All the while remaining available to you, ready to answer any questions and concerns as we guide you through the legal process.

To understand what we do even better, we encourage you to peruse the following topics:

Understanding Negligence & Personal Injury Law
Types of Personal Injury Cases Our Attorneys Handle
Common Injuries in Personal Injury Cases
Types of Damages in a Florida Personal Injury Case
What Is the New Personal Injury Law in Florida 2023?
Can You Sue for Pain and Suffering in Florida?
How To Make the Most of Your Case
How To Determine if You Need a Personal Injury Lawyer
What to Look For in an Orlando Personal Injury Lawyer
Why Choose Our Orlando Personal Injury Attorneys?

Understanding Negligence & Personal Injury Law

Navigating the complexities of personal injury law in Florida requires an understanding of negligence. At its core, negligence is the failure to act with the care that a reasonable person would exhibit under similar circumstances.

Negligence occurs when an individual breaches a duty of care, resulting in harm or injury to another. To establish negligence in a lawsuit, one must prove that:

A duty of care existed
The duty was breached
The breach of duty directly caused an injury

This is a foundational concept in personal injury law, often determining liability in accidents. Orlando personal injury lawsuits hinge on proving that one party’s negligence led directly to the harm or injury of another.

A breach of duty can range from a distracted driver causing an accident or a property owner failing to address a known hazard to a medical professional’s oversight leading to patient harm and more.

Establishing negligence is pivotal in securing compensation, but it’s only one part of the legal process. Colling Gilbert Wright stands firm in its commitment to justice and guiding clients through the intricacies of the legal system utilizing our vast experience and wealth of knowledge.

Types of Personal Injury Cases Our Attorneys Handle

Considering the prohibitive costs of medical care and the potential for long-term complications associated with many injuries, it is essential to consult a lawyer with the skill and experience necessary to make sure you are properly compensated.

With decades of combined practice, our Orlando law firm has set itself apart with our genuine concern and respect for our clients. We commit to acting with empathy and integrity, with your best interests at the forefront of our minds at all times.

Our Florida personal injury attorneys handle diverse types of claims on our clients’ behalf. These cases include:

All personal injury claims are governed by statutes of limitations and other elements that can often get rather complex. Delay in obtaining supportive legal representation can be harmful to upholding your rights and your ability to recover damages. It’s vital that you contact an attorney as soon as possible following an accident that caused injuries or the loss of a loved one.

Common Injuries in Personal Injury Cases

When accidents happen, the aftermath can be devastating. The dedicated Orlando personal injury lawyers at Colling Gilbert Wright have seen the broad spectrum of injuries that can change lives in an instant. Among the most prevalent are:

Traumatic Brain Injuries (TBI): Even a minor collision or slip can cause severe head trauma, leading to TBIs, which can range from concussions to more severe conditions.
Spinal Cord Injuries: Resulting often from vehicular accidents or falls in construction, these injuries can lead to paralysis and long-term disability.
Broken Bones & Fractures: These are common in slips, trips, and falls, as well as in car accidents, often requiring surgical intervention.
Burn Injuries: These can be a result of car accidents, defective products, or workplace incidents, causing not just physical but emotional trauma.
Soft Tissue Injuries: Sprains, strains, and tears often result from car accidents or slips, leading to pain and requiring rehabilitation.

It’s crucial to consult with an attorney after sustaining such injuries. They can help navigate a Orlando personal injury lawsuit, ensuring victims receive the compensation and justice they rightly deserve.

Types of Damages in a Florida Personal Injury Case

Injuries and tragedies can come out of nowhere. And when they hurt you physically, emotionally, and financially, the pursuit of justice becomes paramount. In Florida, victims of personal injury have the right to seek various types of damages to compensate them for the losses they’ve suffered.

Economic Damages

These refer to tangible financial losses resulting from the injury, including:

Medical expenses (doctors bills, hospital costs, surgeries, etc.)
Medications
Travel to & from medical appointments
Future medical care
Lost wages
Loss of earning capacity
Rehabilitation costs
Counseling & therapy
In-home care
Modifications to home or vehicle

Non-Economic Damages

Often more elusive, these cover the intangible losses, including:

Pain & suffering
Emotional distress
Loss of enjoyment of life
Loss of consortium
Disfigurement

Punitive Damages

These are awarded in rare cases where the defendant’s conduct was particularly egregious or reckless. They’re designed to punish the wrongdoer and deter similar future misconduct.

Wrongful Death Damages

If personal injury results in death, family members may seek damages, including:

Funeral & burial expenses
Mental pain & suffering
Loss of support & services
Loss of companionship & protection
Loss of parental companionship, guidance & instruction
Loss of earnings
Loss of accumulation of value of the estate

Our dedicated personal injury attorneys emphasize a meticulous yet compassionate approach to ensure every victim’s rights are upheld while respect and care are taken following their tragic loss.

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What Is the New Personal Injury Law in Florida 2023?

A tort reform bill was signed into law in 2023. There were a few significant changes that came from these new laws that affect personal injury claims.

First, there has been a change in the statute of limitations on personal injury from 4 years to 2 years, per Florida Statutes § 95.11(4)(a). This was already the case regarding medical malpractice and wrongful death.

Then, Florida adopted a modified comparative negligence standard. Under this rule, if both the defendant and the plaintiff are liable in an accident, the plaintiff can only recover damages if they are found 50% or less at fault (§ 768.81(6)). Furthermore, the amount of compensation they receive will be reduced according to their degree of responsibility in the incident.

Finally, there are stricter requirements to prove medical losses. The aim of this is to determine what the insurer and the victim actually paid for treatment as opposed to what the medical provider may have initially charged.

These legal ins and outs may be confusing, and when trying to heal, the last thing you want is to keep abreast of changes in the civil legal system. That is another reason to reach out to a knowledgeable Orlando personal injury attorney. It is our job to know how to protect your rights, and we do it with pride and integrity.

Can You Sue for Pain and Suffering in Florida?

Indeed, in Florida, victims who’ve suffered due to another’s negligence can seek compensation for pain and suffering. While medical bills are a clear financial loss in a personal injury claim, non-economic damages can also have a profound impact on your life. Pain and suffering is categorized under non-economic damages, addressing the emotional and physical distress a victim endures after an accident.

However, it’s crucial to note that in specific cases like auto accidents, Florida’s no-fault insurance system requires victims to first turn to their Personal Injury Protection (PIP) insurance. To step outside this system and file a lawsuit for pain and suffering, the victim’s injuries must meet a certain severity threshold, such as significant and permanent loss of a bodily function, permanent injury, significant scarring, disfigurement, or death.

How To Make the Most of Your Case

The amount of compensation we seek for you or your loved one will depend on the extent of the injuries and the available evidence and documentation. You can make the most of your case by:

Documenting the scene with photographs.
Saving any items involved in the accident, such as the product in a liability case or the shoes you were wearing in a slip and fall accident.
Writing down every detail of the accident you can recall.
Compiling a list of witnesses to the incident.
Taking detailed notes on your injuries and how they interfere with your everyday life. For instance, if you have difficulty walking or standing on your feet for long periods and the severity of your pain.
Keeping a complete file of your medical expenses and visits to the doctor, physical therapist, and other medical professionals you may see due to your injuries.
Telling your doctor all of the symptoms and injuries you’re experiencing and how they impact your life.
Following your doctor’s advice precisely.
Keeping your lawyer informed about the medical care you’re receiving, job loss, and any changes in your phone number or address.
Making all of your social media accounts (Facebook, Twitter, Instagram, etc.) private, and refraining from posting anything about your personal injury case.

Types of damages in a Florida personal injury case. | Colling Gilbert Wright

How To Determine if You Need a Personal Injury Lawyer

Personal injury cases encompass a wide range of events, from auto accidents to medical malpractice to premises liability. Injuries from these accidents can have far-reaching effects on the lives of victims and their families. Personal injury claims aim to recover damages for the physical, emotional, and monetary losses suffered.

If you were injured or a loved one was lost due to the negligence or error of another, you may have a case for compensation. It is essential to consult with a distinguished Orlando personal injury lawyer to evaluate your claim and ensure you are pursuing all avenues for just recompense.

Unfortunately, you may NOT have a personal injury lawsuit if:

You’ve already agreed to a settlement with the individual or insurance company involved.
Your injuries were minor, and you have no medical bills or history of treatment for those injuries.
The statute of limitations for your case has passed.

The best way to determine the viability of your case is to contact an attorney at Colling Gilbert Wright as soon as possible.

What to Look For in an Orlando Personal Injury Lawyer

There are many personal injury attorneys in Florida, which makes it challenging to narrow down your search. With so many options available, how will you know what to look for? How can you determine which lawyer is the right fit for your individual needs and the specifics of your case?

It is important to thoroughly research potential candidates before deciding on your personal injury lawyer. We recommend that you:

Look up the attorney’s record with The Florida Bar, and make sure they have a solid success rate in previous cases.
Find out if the attorney is board-certified in civil trial law by The Florida Bar or the National Board of Trial Advocacy. Many competent lawyers are not board-certified, but board certification is one way of evaluating your attorney’s experience and qualifications as recognized by their peers.
Ask any potential attorney to provide you with references from previous clients and check them. If the attorney is unwilling to supply references, you should continue your search.
Make sure that the attorney has handled similar cases in the past. An attorney practiced in medical malpractice might not be the best person to handle your car accident claim.
Find out if the lawyer will be personally handling your case from beginning to end or if a team of paralegals will be doing most of the work. If they can’t promise to be by your side throughout your case, keep looking.
Ask about fees up front. Most personal injury cases are handled on a contingency fee basis, which means that if you do not receive compensation for your damages, your lawyer will not get paid. Do not hire an attorney who does not work on a contingency fee basis for personal injury cases. It is also critical to find out the specifics of the contingency fee beforehand so that you know what percentage of your settlement you will have to pay to your lawyer.
Look up your potential attorney’s ratings on directories such as Martindale-Hubbell or Avvo.com. These organizations will provide feedback from the lawyer’s peers that will help you evaluate their experience, skills, and ethics.

It is crucial never to hire an attorney who contacts you before you have contacted them. This behavior is unethical and should be reported to The Florida Bar at once.

Frequently Asked Questions

When Should I Hire a Personal Injury Lawyer in Florida?

You should consider hiring a personal injury lawyer in Florida as soon as possible after your accident, especially before engaging with insurance companies. While seemingly helpful, insurance adjusters primarily aim to protect the company’s bottom line. They are skilled in obtaining statements or admissions that could significantly reduce the compensation you might otherwise be entitled to.

An experienced Orlando personal injury attorney can serve as your advocate, handling all communications with the insurance company to prevent potential missteps. By negotiating on your behalf, a lawyer ensures that your rights are protected and that you receive a fair settlement reflecting the full extent of your injuries and losses.

This legal guidance is invaluable in navigating the complex aftermath of an injury. It allows you to focus on your recovery while your attorney focuses on securing the compensation you deserve.

What Is the Statute of Limitations in Florida To Sue for Personal Injury?

In Florida, the statute of limitations for filing a personal injury lawsuit is generally 2 years from the date of the accident, as outlined in Florida Statutes § 95.11(4). This legal timeframe is crucial because you may lose your right to seek compensation for injuries caused by another’s negligence once it expires.

There are exceptions to this rule that can shorten or extend the deadline, such as cases involving government entities or injuries to minors. Given these complexities and the time needed to gather evidence and build a strong case, it’s essential to act swiftly.

Consulting with personal injury lawyers soon after your injury can help ensure that your legal rights are protected and that your claim is filed within Florida’s legal deadlines, maximizing your chances of securing just compensation.

How Long Does a Personal Injury Case Take in Florida?

The duration of a personal injury case in Florida varies widely depending on several factors, including:

Complexity of the case
Extent of your injuries
Willingness of the involved parties to negotiate

Generally, a straightforward case might resolve in a few months, while more complex cases, especially those requiring a trial, could take a year or longer.

Engaging with experienced Orlando personal injury lawyers can be invaluable in this process. They can navigate negotiations and legal proceedings efficiently, aiming to secure a fair resolution in the shortest possible time.

How Are Personal Injury Settlements Paid Out in Florida?

Personal injury settlements in Florida are typically paid out either as a lump sum or through a structured settlement.

Lump-Sum Payment

This is the most straightforward method. The injured party receives a one-time payment that covers all damages agreed upon or awarded. This sum aims to compensate for medical expenses, lost wages, pain and suffering, and any other losses incurred due to the injury.

Opting for a lump sum allows the recipient full control over the funds immediately and provides the flexibility to pay off large medical bills and rehabilitative costs or to invest.

Structured Settlement

Alternatively, a structured settlement disburses payments over a predetermined period. These payments can be tailored to meet the injured party’s ongoing needs, such as continuous medical care or replacement of lost income. Structured settlements offer the advantage of tax-free payments over time, potentially providing financial security and management of the funds in the long term.

A lump sum provides immediate access to funds, which can be critical in some situations. In comparison, a structured settlement can offer financial stability and peace of mind for the future.

The method of payment is often determined during the negotiation process, guided by the injured party’s immediate and future needs, the advice of their personal injury attorneys, and the specifics of the case. It’s crucial to consider the implications of each option carefully.

How Much Do Personal Injury Lawyers Charge in Florida?

In Florida, personal injury lawyers typically work on a contingency fee basis, meaning they only charge a fee if they win your case. If an attorney attempts to charge you for an initial consultation, they are not the lawyer for you. At Colling Gilbert Wright, we firmly adhere to a No Fee Unless We Win policy, ensuring you don’t pay anything upfront.

As a client in Florida, you have specific rights regarding attorney fees and contracts. You may find online that fees range between 33.3% and 40%, but it is important to understand that you’re not obligated to a standard fee or percentage with your lawyer. In fact, you have the right to negotiate the fee with your prospective attorney.

Any contingent fee agreement must be in writing, offering a 3-day reconsideration period where you can cancel without charge. It’s crucial to understand how fees and expenses will be handled, including receiving a detailed closing statement before any payments. If you suspect excessive fees, The Florida Bar offers a channel for complaints. To get in touch with The Florida Bar, call (850) 561-5600, or reach out to your local bar association for assistance.

Is Settlement Money Taxable in Florida?

The taxation of settlement money depends on the nature of the claim. Generally, compensation for physical injuries or sickness is not taxable at the federal level and in Florida, which does not have a state income tax. This includes amounts received for medical expenses, pain and suffering, and physical injuries. However, punitive damages and interest on the settlement are taxable.

Compensation for lost wages or profits is also subject to federal income tax. It’s important to consult a tax professional and your personal injury attorney for advice on specific situations, as tax laws and interpretations can change. The IRS provides guidance on these matters in Publication 4345, Settlements—Taxability.

Why Choose Our Orlando Personal Injury Attorneys?

Colling Gilbert Wright has helped injured clients recover tens of millions of dollars in successful verdicts and settlements. More importantly, our attorneys have developed a reputation for our care and dedication, helping victims and their families find justice and a modicum of peace and hope after terrible accidents that have forever changed their lives.

We are dedicated to serving our neighbors in Florida and beyond, and we strive to represent them with empathy and integrity. It’s not enough for us to just do the right thing for our clients. We must do the exceptional thing.

Those who are at fault for your losses need to be held accountable. Our attorneys will evaluate your claim for FREE and represent you on a contingency fee basis—that means you won’t pay us until we recover compensation.

If you have been injured or lost a loved one due to another’s negligence or error, please contact the Orlando personal injury lawyers at Colling Gilbert Wright. Call us today at (407) 712-7300, contact us online, or fill out the form on this page to schedule your FREE case evaluation. We look forward to helping you pursue the justice you deserve.