Tagged: Fort Lauderdale injury lawyer

Personal Injury Lawyer Fort Lauderdale FL

Fort Lauderdale  personal injury attorney J Scott Gunn P.A is ready to help you if you have been injured in an accident in the greater Fort Lauderdale area.

Your right to compensation for your accident is covered by Florida law. If you were injured due to negligence you have a right to file a lawsuit and get compensation for your injuries, medical bills, lost wages and pain and suffering.

768.81 Under Florida law an “Accident” means the events and actions that relate to the incident as well as those events and actions that relate to the alleged defect or injuries, including enhanced injuries.
(b) “Economic damages” means past lost income and future lost income reduced to present value; medical and funeral expenses; lost support and services; replacement value of lost personal property; loss of appraised fair market value of real property; costs of construction repairs, including labor, overhead, and profit; and any other economic loss that would not have occurred but for the injury giving rise to the cause of action.
(c) “Negligence action” means, without limitation, a civil action for damages based upon a theory of negligence, strict liability, products liability, professional malpractice whether couched in terms of contract or tort, or breach of warranty and like theories. The substance of an action, not conclusory terms used by a party, determines whether an action is a negligence action.
(d) “Products liability action” means a civil action based upon a theory of strict liability, negligence, breach of warranty, nuisance, or similar theories for damages caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. The term includes an action alleging that injuries received by a claimant in an accident were greater than the injuries the claimant would have received but for a defective product. The substance of an action, not the conclusory terms used by a party, determines whether an action is a products liability action.
(2) EFFECT OF CONTRIBUTORY FAULT.—In a negligence action, contributory fault chargeable to the claimant diminishes proportionately the amount awarded as economic and noneconomic damages for an injury attributable to the claimant’s contributory fault, but does not bar recovery.
(3) APPORTIONMENT OF DAMAGES.—In a negligence action, the court shall enter judgment against each party liable on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability.(a)1. In order to allocate any or all fault to a nonparty, a defendant must affirmatively plead the fault of a nonparty and, absent a showing of good cause, identify the nonparty, if known, or describe the nonparty as specifically as practicable, either by motion or in the initial responsive pleading when defenses are first presented, subject to amendment any time before trial in accordance with the Florida Rules of Civil Procedure.
2. In order to allocate any or all fault to a nonparty and include the named or unnamed nonparty on the verdict form for purposes of apportioning damages, a defendant must prove at trial, by a preponderance of the evidence, the fault of the nonparty in causing the plaintiff’s injuries.
(b) In a products liability action alleging that injuries received by a claimant in an accident were enhanced by a defective product, the trier of fact shall consider the fault of all persons who contributed to the accident when apportioning fault between or among them. The jury shall be appropriately instructed by the trial judge on the apportionment of fault in products liability actions where there are allegations that the injuries received by the claimant in an accident were enhanced by a defective product. The rules of evidence apply to these actions.
(4) APPLICABILITY.—This section does not apply to any action brought by any person to recover actual economic damages resulting from pollution, to any action based upon an intentional tort, or to any cause of action as to which application of the doctrine of joint and several liability is specifically provided by chapter 403, chapter 498, 2chapter 517, 2chapter 542, or 2chapter 895.
(5) MEDICAL MALPRACTICE.—Notwithstanding anything in law to the contrary, in an action for damages for personal injury or wrongful death arising out of medical malpractice, whether in contract or tort, if an apportionment of damages pursuant to this section is attributed to a teaching hospital as defined in s. 408.07, the court shall enter judgment against the teaching hospital on the basis of such party’s percentage of fault and not on the basis of the doctrine of joint and several liability.
History.—ss. 60, 65, ch. 86-160; s. 5, ch. 87-50; s. 79, ch. 88-1; s. 43, ch. 88-277; s. 1, ch. 88-335; s. 38, ch. 91-110; s. 104, ch. 92-33; s. 27, ch. 99-225; s. 1, ch. 2006-6; s. 1, ch. 2011-215.
1Note.—A. Section 2, ch. 2011-215, provides that “[t]he Legislature intends that this act be applied retroactively and overrule D’Amario v. Ford Motor Co., 806 So. 2d 424 (Fla. 2001), which adopted what the Florida Supreme Court acknowledged to be a minority view. That minority view fails to apportion fault for damages consistent with Florida’s statutory comparative fault system, codified in s. 768.81, Florida Statutes, and leads to inequitable and unfair results, regardless of the damages sought in the litigation. The Legislature finds that, in a products liability action as defined in this act, fault should be apportioned among all responsible persons.”

B.  Section 3, ch. 2011-215, provides that “[t]his act is remedial in nature and applies retroactively. The Legislature finds that the retroactive application of this act does not unconstitutionally impair vested rights. Rather, the law affects only remedies, permitting recovery against all tortfeasors while lessening the ultimate liability of each consistent with this state’s statutory comparative fault system, codified in s. 768.81, Florida Statutes. In all cases, the Legislature intends that this act be construed consistent with the due process provisions of the State Constitution and the Constitution of the United States.”

Florida negligence law is complex and you will need an experienced Florida  personal injury lawyer to guide you.

Injury Lawyer In Fort Lauderdale

J Scott Gunn  is a premier injury lawyer in Fort Lauderdale Florida. His name says is all. Get your Fort Lauderdale personal injury hired Gunn when you hire this experienced accident and injury attorney.
Fort Lauderdale Car Accident Lawyer
Car Accident Injury Attorney
Back Injuries
Broken Bones
Fractures
Distracted Driver Accidents
Driving While Texting
Drunk Driving Accidents

Fort Lauderdale Car Accident Lawyer To Protect Your Rights Against Insurance Companies

Some of the most common Fort Lauderdale car accident injuries we have recovered compensation for include:

Brain damage/injuries
Neck injuries
Head injuries
Back injuries
Face injuries
Psychological and emotional trauma
Whiplash or  damage to the tissues of the neck and the cervical spinal cord.

Hire Gunn To Help You Claim Compensation For

Medical bills
Hospital costs
Rehabilitation costs
Physical therapy
Lost earnings
Diminished earning capacity
Disabilities
Pain and suffering

Contact your  Fort Lauderdale personal injury attorney J Scott Gunn today. He is  dedicated to defending your  rights and is ready to begin working on your behalf now.

Personal Injury Attorneys In Fort Lauderdale

Get A Fort Lauderdale Personal Injury Attorney Right Now

We You Injured In A Ft Lauderdale Auto Accident?

We You In An Auto Accident On Jog Road, I-95, Florida Turnpike, 441, Broward Blvd or anyplace in the Greater Fort Lauderdale Area?

Get an Injury Lawyer You Can Trust

Call J Scott Gunn PA

Helping People Injured in Car Accidents For Over 20 Years

Car Crashes with injuries are our legal expertise

If you were  in an auto accident in Fort Lauderdale FL and  you are not sited as  at fault for the accident  and you want to seek compensation,  definitely contact J Scott Gunn who is a  a Fort Lauderdale FL Car Accident Lawyer.

900 SE 3RD  Ave

Suite 202

Ft Lauderdale Florida 33316

954 462 1323

We are minutes away from most major South Florida cities including Sunrise, Fort Lauderdale, Hollywood, Pembroke Pines, Coral Springs and Pompano Beach.  Our Fort Lauderdale personal injury lawyers are available 24 hrs.

Ft Lauderdale Motor Vehicle Accidents

Fort Lauderdale Motor Vehicle Accident Lawyer

  • Car Accident Lawyers,
  • Truck Accident Lawyers,
  • Motorcycle Accident Attorneys,
  • Bus Accident Attorneys,
  • SUV Accident Lawyers

Car Accident Attorneys in Fort Lauderdale, Florida

Driving is so important in South Florida especially Fort Lauderdale that it’s easy to forget how dangerous it can be. According to federal statistics, motor vehicle accidents in Fort Lauderdale are the leading cause of accidental death and the leading cause of death overall for Americans ages 3 to 33. Automobile accidents are also the leading cause of traumatic, permanent brain injuries and other permanent disabilities. And according to safety experts, almost every car accident in Fort Lauderdale is preventable, because most are caused by the mistakes of one or more drivers involved. At J. Scott Gunn, P.A., our Fort Lauderdale auto accident attorneys have over 20 ears experience in seeking justice for clients who were injured by someone else’s bad decisions.

As any Fort Lauderdale car wreck lawyer knows, the law imposes upon all drivers in Florida a legal duty to take reasonable care on the road. That means following the rules of the road; obeying traffic signs and lights; and avoiding driving while intoxicated or otherwise distracted. Unfortunately, these rules are broken every single day – and the resulting car accident injury can change victims’ lives. Survivors of serious automobile accidents in Fort Lauderdale live with debilitating injuries, sometimes leading to permanent disabilities. These injuries change the victims’ own lives, making it harder or impossible to work and do the things they used to enjoy. They also change the lives of family members who watch their loved ones struggle, or, in cases of wrongful death in Fort Lauderdale, family members must learn to live with a sudden loss.

To make matters worse, motor vehicle accidents in Fort Lauderdale can very quickly leave the family struggling to make ends meet. Even for people with health insurance, the cost of hospital bills and related medical care can add up very quickly – up to seven figures in serious cases. When the injured person was a wage-earner, the family loses that income at least for the short term, and sometimes for good. Families frequently come to our Personal Injury attorneys in Fort Lauderdale, Florida after realizing they have no way to pay the bills that keep stacking up. The law allows victims in this situation to pass the costs back to the person who caused them – the at-fault driver – with the help of a Fort Lauderdale accident attorney.

You may believe that the insurance company will help take care of these costs. Unfortunately, auto insurance companies frequently don’t meet their obligations without pressure from an auto accident injury lawyer. Insurers make more money when they do not pay claims, even legitimate ones. When drivers suffer costly injuries, insurance companies will sometimes look for reasons to deny the claim or offer a fraction of what it’s worth. Our Fort Lauderdale personal injury law firm is equipped with attorneys who aggressively defend the rights of car accident injury victims in Fort Lauderdale seeking fair and full compensation – and helping to prevent them from making common mistakes that could hurt their cases.

The law firm of J. Scott Gunn, P.A., focuses its practice on Fort Lauderdale injury law – helping injured people seek justice and financial compensation after an injury that was no fault of their own. This includes victims of accidents involving cars, trucks, semis, motorcycles and more. We have years of experience as Fort Lauderdale personal injury attorneys, so we understand Fort Lauderdale injury law, and we understand the medical and personal struggles that injured people typically face. We take pride in giving our clients personal service, and we offer free case evaluations to potential clients. To set one up, call us toll-free at 1-866-286-4530 or send a message online to our Fort Lauderdale auto accident attorneys.