Good news from the Florida Supreme Court

Our Orlando Injury Attorneys Review Important Cases

On July 6, 2006 the Supreme Court of Florida overturned the $145 billion settlement of the class action lawsuit against the tobacco companies. How can this be good news? The Court also ruled that individuals who were a party to the original class may file an individual lawsuit.

You’ve been in an accident. What should you do?

If you have ever been in an automobile accident, you know it can be a terrifying experience.  However, if you will remember the following 10 rules, you will be much better prepared to deal with the consequences of a serious automobile, truck or motorcycle accident:

  1. Pull off to the side of the road if you can do so safely. (Florida Law requires it!)
  2. Do not leave area unless it is unsafe.
  3. Check on health of all occupants.
  4. Call the police and/or ambulance.
  5. Exchange insurance and driver’s license information with the other parties involved.
  6. Talk to witnesses and get their names, addresses and phone numbers.
  7. Call your insurance agent.
  8. Seek medical treatment.
  9. Photograph the scene, vehicles, and you!
  10. Do not give a recorded statement without first seeking legal advice.

Medical malpractice limits and your case

The Florida legislature has recently passed limits, or caps, on non-economic damages in medical malpractice cases. They have also passed a constitutional amendment severely restricting attorney’s fees in medical malpractice cases. The goal of this legislation is to make it nearly impossible for a firm to handle the financial burden of pursuing a medical malpractice case against the unlimited resources of the doctors and hospitals. Medical malpractice is still occurring at an alarming rate, yet the ability of the public to bring a claim for medical malpractice has been limited due to this new legislation.

This legislation is, in our view, unconstitutional, since it is a violation of the equal protection clause of the Florida and United States Constitutions by the Florida Supreme Court. Essentially, the caps seek to limit the legal resources of the general public, while allowing medical providers unlimited resources and legal representation, which gives unfair advantage to the medical providers.

Although some firms have decided to stop handling medical malpractice cases, our firm continues to handle these difficult cases. We are committed to our clients and committed to holding medical providers responsible for their actions in cases of medical malpractice.

Due to this recent legislation, we are asking our clients to sign a waiver that will allow us to represent them under the standard contingent fee contract approved by the Florida Supreme Court. All of our clients have been happy to sign this waiver, as it is clear that the motivation of this legislation is to make it impossible for attorneys to take on these challenging cases of medical malpractice. The occurrence of medical malpractice has not slowed, neither have our efforts to stop this unfair legislation and defend the rights of those who have been injured.

If you were injured in a car accident, please contact the Orlando injury lawyers at Wooten Kimbrough, P.A. Call 1-800-235-7060 to schedule a free consultation.