The state handles these cases under a doctrine called modified comparative negligence. It lets many injured people recover damages even when their own conduct contributed to the accident, though the law places a firm limit on how far that recovery can reach.

How Does Florida Divide Fault?

Under Florida Statutes Section § 768.81, a court or jury may assign each party a percentage of responsibility. Whatever percentage lands on you is subtracted from the total award you could otherwise receive.

Suppose a jury values your losses at $100,000 and places 20 percent of the blame on you. You may recover $80,000. If your share reaches 50 percent, you may still collect half of your proven damages. Once a person is found more than 50 percent at fault, the statute generally bars any recovery in that negligence action.

Insurance Companies May Try to Shift Blame

An insurer may argue that you reacted too slowly or failed to avoid the collision. It may also use an incomplete statement against you. Do not accept an insurer’s fault assessment before the evidence is reviewed.

Our team can examine the crash report and available video. We may also speak with witnesses when the facts require more analysis. At Colling Gilbert Wright, many of our cases come through referrals from other attorneys who trust us with serious injury matters. That confidence reflects our preparation and our willingness to try a case when needed.

Evidence Can Protect Your Claim

Photographs may show vehicle positions or road conditions. Treatment records help tie the harm you suffered directly to the collision. Prompt legal work can also preserve video before it is erased and identify witnesses while their memories remain clear.

The Florida Firm Injury and Accident Lawyers does not treat a disputed-liability claim as a routine file. We assess how the collision occurred and how Florida car accident law applies to your facts. We also prepare each claim knowing that an insurer may refuse a fair resolution.

Contact a Florida Car Accident Attorney About Shared Fault

What happens if you are partially at fault in a Florida car accident can depend on evidence gathered soon after the collision. A disputed percentage should not stop you from learning your rights.

Contact us for a free consultation. We can evaluate the fault arguments, explain how modified comparative negligence may apply, and pursue accountability through settlement or trial.

The post What Happens If You’re Partially At Fault in a Florida Car Accident? appeared first on Colling Gilbert Wright.

The timeline depends on the seriousness of your injuries and the available insurance coverage. It also depends on whether the insurer accepts responsibility or fights the claim. An experienced car accident attorney could protect your rights while working to keep the process moving.

How Your Medical Recovery Affects the Pacing

The timeline of a Florida car wreck settlement often depends on your medical recovery. Your lawyer usually needs a clear understanding of your diagnosis and long-term prognosis before placing a value on the claim.

Settling too early may leave you without compensation for future treatment or reduced earning capacity. While you continue receiving care, your legal team could collect records and document lost income. We could also investigate the collision to ensure the claim reflects the full impact of your injuries.

What Can Delay a Car Accident Settlement?

A Florida car crash settlement can take longer when the insurer disputes fault. The company may also argue that your injuries came from a prior condition rather than the crash.

State law applies a modified comparative negligence rule under Florida Statutes § 768.81. The court can reduce your total compensation award downward, depending on the percentage of fault attributable to you. If you are more than 50 percent responsible for your accident, state law prohibits you from recovering any damages.

Other delays may involve multiple vehicles or limited policy coverage. Medical liens can also slow the final resolution. At Colling Gilbert Wright, we prepare each case carefully and remain ready to file a lawsuit when an insurer refuses to make a reasonable offer. We are ready to take a case to trial when that step is necessary to protect your interests.

Speak With a Florida Car Crash Lawyer About the Settlement Timeline

If you are wondering, “How long does a car accident settlement take in Florida?” the truth is that no attorney can promise an exact settlement date at the beginning of a case. Prompt investigation can reduce avoidable delays. Complete medical documentation can also strengthen your position during negotiations.

At The Florida Firm Injury and Accident Lawyers, we do not treat injury claims like an assembly line. Many attorneys and law firms refer clients to us because they trust our professionalism and courtroom experience. Contact us to discuss the timeline of a car crash settlement and the steps that may help move your case toward resolution.

The post How Long Does a Car Accident Settlement Take in Florida? appeared first on Colling Gilbert Wright.

If our seasoned car accident attorneys at The Florida Firm Injury and Accident Lawyers can prove the other driver is lying, they may face severe legal and civil consequences. Stick with us as we describe what happens if the other driver makes a fault statement to officials after an accident.

Does Lying Have an Immediate Impact on Your Claim?

Yes. When stories conflict, it turns your case into a disputed liability accident. Insurers may pause payouts or initially deny your claim while investigating who is responsible for the collision. You must rely on physical proof, such as the official Florida Traffic Crash Report, 911 calls, scene photos, traffic camera footage, and independent witness statements, to contradict their story.

Would the Other Driver Face Legal Consequences for Lying?

While we cannot guarantee the other driver would face legal consequences for lying about an accident, deliberately making false statements or providing fake information about an accident could result in severe penalties here in Florida. Under Florida Statutes § 817.234, presenting false or misleading information regarding a motor vehicle claim is a third-degree felony. It is punishable by up to 5 years in state prison, substantial fines, and mandatory restitution for all costs associated with the fraud.

Lying to law enforcement in an official police report or falsifying information could also lead to charges for providing a false report or obstructing justice. If they lie under oath in court, they can also be charged with perjury. A court or insurer could fine a fraudulent claimant up to $5,000 for a first offense, $5,000 to $10,000 for a second, and up to $15,000 for subsequent offenses.

Steps to Take If the Other Driver Lied

If you believe the other driver lied about the accident, the steps you take could make all the difference to the success of your claim. Make these moves as quickly as possible:

• Take photos of all vehicle damage, road debris, and the surrounding area.
• Avoid arguing with the driver on-site but be thoroughly honest with the police so your account is properly entered into the crash report.
• Avoid arguing with the driver on-site. Just be honest with the police so your account is properly entered into the crash report.
• File a claim with your own insurance company immediately and give them the evidence you were able to collect.
• Do not provide a recorded statement to the other driver’s insurance company before consulting with a savvy car accident lawyer.

Talk to Us If You Think the Other Driver Is Lying About Your Accident

If you suspect the other driver lied about the accident, you need trusted legal advice. Schedule a free consultation with an award-winning Colling Gilbert Wright team member today to learn more.

The burden of proving fault falls on you, and legal representation would help immensely. Put our decades of courtroom experience on your side and let us expose the other driver’s false narrative. Do not let false stories prevent you from receiving the compensation you are entitled to under the law.

The post What Happens if the Other Driver Lies About the Accident? appeared first on Colling Gilbert Wright.

At The Florida Firm Injury and Accident Lawyers, we want you to maneuver your way through these dangerous intersections in Orlando safely. Keep reading to learn the details and how to recognize that crash liability often goes beyond simple driver error.

Where Are Orlando’s Top Crash Zones?

Some of the most dangerous intersections in Florida are right here in Orlando. These high-risk areas consistently see heavy congestion, frequent rear-end collisions, and multi-vehicle crashes. According to local traffic reports and injured residents, the real trouble spots include:

• Colonial Drive (SR 50) and Semoran Boulevard (SR 436)
• Orange Blossom Trail (US 441) and Sand Lake Road
• John Young Parkway and Colonial Drive
• Kirkman Road and International Drive
• I-4 and Colonial Drive

Why Are Intersection Accidents So Common in Orlando?

There are a number of factors that contribute to intersection car accidents in Orlando, like complex traffic patterns, high tourist volume, and poor visibility, which also frequently contribute to collisions. However, the real culprit is usually driver error.  Notable behaviors and conditions that lead to crashes include:

• Running red lights and stop signs
• Failing to yield the right-of-way
• Distracted driving, like texting
• Speeding

What To Do if You Are in a Crash in a Dangerous Intersection

Navigating a collision in a high-traffic area requires quick and careful action. If you are in a crash at a dangerous Orlando intersection, immediately move to safety, call 911, and seek medical attention. Take photos of the scene and the vehicles, exchange information with the other driver(s) and witnesses, and do not admit fault or apologize. If you were injured or your car was damaged, contact the Orlando Police Department to file an official report.

Now, reach out to an Orlando car accident attorney at Colling Gilbert Wright immediately. Do not speak with any insurance companies first. Acting quickly ensures your legal team secures critical evidence, while protecting you from inadvertently making statements that may jeopardize your claim.

Were Hurt in a Dangerous Intersection Accident in Orlando? Contact Us Today

Colling Gilbert Wright is your trusted Orlando attorney for any personal injury matter. Whether you were in a crash in one of the dangerous intersections we featured here or you believe you have a medical malpractice claim, our experience sets us apart from other local firms.

Get in touch with our award-winning attorneys and schedule a time to talk with us. This consultation is completely complimentary, so there is no need to delay. Find out why other attorneys trust our decades of experience today.

The post Dangerous Intersections in Orlando appeared first on Colling Gilbert Wright.

Discovering that someone you love developed bedsores in a medical facility is understandably distressing. Since this is a preventable injury, you may experience feelings of shock, guilt, and anger. If you are unsure what to do when a loved one develops bedsores in a medical facility, read on to learn how our attorneys could assist you.

Demand Immediate Medical Attention

If you notice that your loved one in a medical center has developed pressure sores, you must demand a medical evaluation immediately. Do not accept vague explanations from nurses. Request a direct examination by a staff doctor, the director of nursing, or an on-site wound care specialist. If the facility stalls, minimizes the severity of the bedsore, or refuses proper care, you have the right to request a transfer to an emergency room or hospital for an independent medical evaluation.

Gather Proof and Document the Evidence

If someone you love develops pressure ulcers in a healthcare center, start by taking clear, well-lit photographs of the bedsore from multiple angles. If possible, place a ruler or coin next to the wound for scale, and ensure all photos are dated.

Log the dates, times, and names of every staff member or doctor you speak with about the bedsore, along with a summary of their responses. Then, request copies of your loved one’s evaluations, the facility’s repositioning schedules, and its formal wound care plan to support your claim.

Can You Seek Legal Help?

Bedsores are preventable injuries, so if a loved one in a medical center develops them, an important step you can take is to request an investigation. Filing a formal complaint with the Department of Health or the local ombudsman could prevent another family’s loved one from suffering the same injuries.

Once you file your report, you can consult a legal professional. Since bedsores can quickly lead to severe infections, such as sepsis, it is important to contact a qualified medical malpractice or elder neglect attorney immediately. At Colling Gilbert Wright, we offer a free initial consultation and could help protect your family member and secure resources for recovery.

Contact Us for Help When a Loved One Suffers Pressure Ulcers in a Healthcare Facility 

Discovering that your loved one developed bedsores in a medical facility can be emotionally devastating for our clients. Realizing your vulnerable family member has suffered unnecessarily from preventable injuries should prompt you to learn what to do when a loved one develops bedsores in a medical facility.

At Colling Gilbert Wright, many of our personal injury cases come from other attorneys who refer their clients to us because of our dedication to justice. With decades of experience handling medical malpractice claims, our award-winning team at The Florida Firm Injury and Accident Lawyers could guide your family through complex litigation, whether you suffered injuries in a car accident, from a defective product, on the job, or in a medical facility. Contact us today for a free consultation.

The post What To Do When a Loved One Develops Bedsores in a Medical Facility appeared first on Colling Gilbert Wright.

If you’re encountering resistance from an insurance company in Orlando, the car accident lawyers at The Florida Firm Injury and Accident Lawyers are prepared to help you fight for the compensation you deserve. Don’t face this alone—let our experience guide you toward a fair resolution.

Call (407) 712-7300 today to schedule a FREE consultation. We are devoted to the folks we serve in Orlando and throughout Florida. We will do everything we can to secure the just compensation you deserve for your losses.

What Is It Called When an Insurance Company Refuses To Pay a Claim?

When an insurance company unjustly refuses to pay or process a claim, it is termed bad faith. Insurance carriers have a legal and contractual obligation to act in good faith and fair dealing with those they insure, which includes paying out valid claims promptly under Florida Statutes § 624.155.

In Florida, if an insurer unjustly denies a claim, the policyholder or claimant may have the right to pursue a bad faith insurance claim against them, potentially opening the door for compensation beyond the original policy limits. However, our state has a strict statutory process that our team at The Florida Firm Injury and Accident Lawyers wants you to understand for these types of lawsuits, including:

Resolution: If the insurer pays or settles your claim satisfactorily within those 60 days, you no longer have grounds for a bad faith lawsuit.

Notice Requirement: The policyholder must provide a 60-day written notice to both the insurer and the Florida Department of Financial Services detailing the insurer’s “bad faith” actions.

The “Cure” Window: The insurance company has up to 60 days to pay the damages or correct the circumstances that led to the violation.

Why Would the At-Fault Driver’s Insurance Company Refuse to Pay After a Crash?

There are several reasons why an at-fault driver’s insurance won’t pay after a crash, including:

Disputing Liability

Insurers often conduct their own investigations and may conclude that their policyholder was not responsible for the accident. They might argue that the fault lies entirely or partially with another party—including you—to reduce or deny your claim.

Policy Exclusions

Insurance policies come with specific exclusions detailing scenarios where coverage does not apply. For instance, if the accident occurred while the policyholder was committing a crime or using the vehicle for commercial purposes without appropriate coverage, the insurer might refuse the claim based on these exclusions.

Lapsed Policies

At times, an at-fault driver’s insurance might have lapsed due to unpaid premiums, or the policy might have been canceled before the accident occurred. In such cases, the insurer is not obligated to cover damages, leaving claimants to seek compensation through other means.

Insufficient Evidence

Insurers require substantial evidence to process claims. If they deem the provided evidence—such as photographs of the accident scene, medical records, or police reports—inadequate to establish their policyholder’s fault, they may deny the claim.

Underestimation of Injuries

Insurance companies frequently challenge the severity of the claimant’s injuries to minimize payout amounts. They might claim the injuries are not as severe as stated or that the treatment received was excessive and not medically necessary.

Pre-existing Conditions

Another common ground for refusal is attributing injuries to pre-existing conditions rather than the accident. Insurers may sift through medical records to find previous injuries or health issues similar to the claimant’s current injuries and argue these were not caused by the crash.

Addressing each of these points requires a tailored approach, often involving gathering additional evidence, negotiating with insurers, or even taking legal action to ensure fair compensation. An experienced attorney can help address these challenges effectively.

What Do You Do If an Insurance Company Refuses to Pay?

If you find yourself up against an insurance company that refuses to pay, you may ask yourself, “What can I do if my insurance company won’t pay?” We suggest you take these steps to protect your rights:

Review the Denial Letter

Carefully read the insurer’s denial letter to understand their reasons for refusal. This document often provides crucial information on the appeal process and deadlines. Understanding the specifics is essential, as this will guide your next steps.

Gather More Evidence

Strengthen your claim by collecting additional evidence. This could include more detailed medical records, expert opinions on your injuries, further documentation of the accident scene, or witness statements that corroborate your account of the events.

File an Appeal

Most insurance companies have an internal appeals process. Submit a formal appeal against the denial, including all additional evidence you’ve gathered. Be thorough and precise in your appeal, directly addressing the reasons for the initial denial.

Consult with an Attorney

Seek legal advice immediately, especially if the insurance company resists resolving your claim or you believe they are not treating you fairly. An experienced Orlando car accident lawyer can review your case, advise you on the best course of action, and represent you in negotiations or further legal actions.

Consider Mediation or Arbitration

Before resorting to a lawsuit, consider alternative dispute resolution methods like mediation or arbitration. These can be quicker and less costly ways to reach a settlement. Your lawyer can advise on whether this is a suitable option for your case.

File a Complaint

If you believe the insurance company is acting in bad faith—refusing to pay a claim without a reasonable basis or failing to investigate promptly—you can file a complaint with the Florida Department of Financial Services. They can investigate the insurer’s practices and may provide assistance.

Prepare for Litigation

If other avenues don’t lead to a satisfactory resolution, your lawyer may recommend filing a lawsuit against the insurance company. Litigation can be a longer process, but it might be necessary to receive fair compensation for your damages.

Each step is crucial in contesting an insurance company’s refusal to pay. If you’ve been in a motor vehicle accident and the at-fault driver’s insurance won’t pay, having legal representation can significantly increase your chances of a favorable outcome. An attorney can ensure that your rights are protected and help you understand the process.

Recent Legislation Addresses Bad Faith Claims in Florida

Unfortunately, bad faith insurance tactics are relatively common in Florida car accident claims. This is largely due to the state’s massive volume of daily traffic accidents and a historically highly litigious insurance environment.

While the majority of cases settle routinely, car accidents represent the single most frequent source of third-party bad faith litigation in Florida. Reforms enacted under HB 837 introduced significant modifications to how bad faith claims are handled, potentially making it harder for you to successfully sue an insurance company for bad faith, such as:

• Safe Harbor for Liability Insurers: Liability insurers are now shielded from bad faith claims if they tender the lesser of the policy limits or the amount demanded by the claimant within 90 days of receiving notice and sufficient evidence.
• Mutual Good Faith: Insureds and claimants also have a legal duty to act in good faith when providing information or making demands. Failing to do so can reduce any bad faith damages awarded by the trier of fact.
• No Mere Negligence: The law clarifies that simple negligence alone is insufficient to prove insurance bad faith.

Could Florida’s 51 Percent Rule Prevent an Insurance Payment?

Yes. Another common factor that could affect an insurance company’s willingness to pay your claim is Florida’s 51 percent rule. Under our modified comparative negligence law (Florida Statutes § 768.81), if you are found to be more than half responsible for an accident, you are completely barred from recovering any damages. Rest assured, insurance companies know about this loophole.

If you are 50 percent (or less) at fault for the crash, you can still receive some compensation. However, your final payment is reduced directly by your portion of blame. This rule is why you need the assistance of a Colling Gilbert Wright attorney to formally dispute an unfair fault allocation simply to avoid paying your claim.

Can the At-Fault Driver’s Insurer Deny My Claim Due to PIP?

No. The at-fault driver’s insurer generally cannot deny a bodily injury claim simply because you have Personal Injury Protection (PIP). Because Florida is a no-fault state, you must first file a PIP claim with your own insurance company for initial medical bills and lost wages, regardless of who caused the crash.

However, you can step outside this system and pursue a bodily injury claim against the at-fault driver, assuming your injuries meet state thresholds. Your own PIP covers $10,000 in medical expenses and lost wages when you seek treatment within 14 days of the accident. The at-fault driver’s insurer may deny the claim if the driver does not carry bodily injury liability coverage, as it is not mandatory for all drivers in Florida.

Contact the Experienced Orlando Car Accident Attorneys at Colling Gilbert Wright

Facing an uncooperative insurance company can feel overwhelming, but you don’t have to brave this challenging time alone. The distinguished and understanding car accident attorneys at The Florida Firm Injury and Accident Lawyers are committed to advocating for your rights and securing the compensation you deserve.

If the at-fault driver’s insurance won’t pay, let us put our knowledge and resources to work for you. Many of our clients come to us as referrals from other law firms, because our award-winning team is just that good. Contact us today for a FREE consultation, and let’s take the first step towards justice together!

The post What To Do When the At-Fault Driver’s Insurance Won’t Pay appeared first on Colling Gilbert Wright.

Similar to post-traumatic stress, pain and suffering, and other forms of non-economic losses, accident victims can seek just compensation under Florida law. The amount that personal injury accident victims can recover depends on the severity of their condition and its impacts on their day-to-day lives.

Understanding Your Claim

Recovering financial compensation for emotional distress is not easy. Not only do you need to prove that you are entitled to financial compensation, but you also need to prove how much you are entitled to recover.

This begins with understanding what constitutes emotional distress under Florida law.

What Constitutes Emotional Distress?

“Emotional distress” is the legal term for the psychological impacts of living through a traumatic accident. Traumatic accidents impact different people in different ways, and some accident victims will suffer far more severe emotional distress than others.

When suffering from emotional distress, accident victims can experience a broad range of effects. Some of the most common effects of emotional distress (also referred to as “mental distress” and “emotional trauma”) include:

• Anxiety and depression
• Difficulty sleeping or insomnia
• Extreme fatigue
• Feelings of embarrassment or humiliation
• Mood swings or personality changes
• Stress
• Suicidal thoughts

Anyone who is experiencing any of these symptoms following a serious accident should seek help promptly. While it can feel difficult – maybe even impossible – to move forward, a doctor who specializes in assisting trauma victims can assist you with getting back to your normal life.

When Can You Seek Financial Compensation?

Under Florida law, trauma victims can seek financial compensation after all types of accidents. If you have been seriously injured under circumstances in which someone else or a company may be to blame, you may be entitled to compensation.

You should discuss your situation with a Florida injury lawyer promptly. This is true for accidents, including:

• Car accidents
• Truck accidents
• Bicycle and pedestrian accidents
• Aviation accidents
• Maritime accidents
• Construction and other job-related accidents
• Accidents caused by defective products

Florida residents can also seek financial compensation in cases of medical malpractice and nursing home neglect. Regardless of what happened, if you are suffering emotionally due to the effects of any form of trauma, you should consult with a lawyer about your legal rights.

How Much Can You Recover for Emotional Distress in Florida?

In terms of the amount of compensation that you may be able to recover, as mentioned above, this depends on your individual circumstances. The amount you can recover depends on the personal losses you’ve incurred.

Of course, unlike the costs of your medical care and your lost wages, you cannot simply “add up” your emotional distress. Additionally, since everyone’s circumstances are different, there is not one specific dollar amount that can be applied.

Instead, calculating just compensation for emotional distress requires a comprehensive assessment and detailed understanding of the effects of your accident. Then, a reasonable compensation award must be determined consistent with Florida law.

Are we talking tens of thousands, hundreds of thousands, or millions of dollars? Again, we really can’t say. All of these are possibilities when justified by the circumstances presented. Once you begin treatment, your lawyer will work with your doctor to assess your claim and determine how much compensation to pursue.

All of this can perhaps seem overwhelming. Right now, all you need to focus on is taking the first step: contacting a lawyer to discuss your legal rights.

An experienced personal injury lawyer can provide individualized legal advice based on your unique circumstances. If you are entitled to financial compensation for emotional distress, your lawyer can do what is necessary to seek a favorable recovery on your behalf.

Is There a Cap on Emotional Distress Settlements?

In most personal injury cases in Florida, like car accidents or slip-and-falls, victims like you can seek unlimited non-economic damages, including emotional distress and trauma. The settlement is still based on the specific impact of the injury. However, medical malpractice cases are treated differently.

State law limits the amount of non-economic damages that a plaintiff can recover in medical malpractice lawsuits under Statutes § 766.118. If the doctors or nurses are the defendant, the money you could get is capped at $500,000 per claimant or $1,000,000 in cases of catastrophic injury or death. Non-practitioner defendants, like hospitals and medical facilities, have a $750,000 limit per claimant with a maximum limit of $1.5 million.

What Is Florida’s Impact Rule?

Beyond damage caps, Florida maintains a unique legal hurdle known as the Impact Rule. Under this legal doctrine, you generally cannot seek compensation for emotional distress unless the negligent action also caused a physical injury. While this rule may make proving emotional distress more difficult, it serves as a threshold to verify that psychological trauma is linked to a real-world event, with a goal to prevent fraudulent or speculative claims.

Types of Emotional Distress Claims in Florida:

There are two primary categories of emotional distress lawsuits in Florida:

Intentional Infliction of Emotional Distress (IIED)

This claim type is used when someone’s deliberate, extreme, and outrageous conduct causes severe mental suffering. The conduct must be so severe that it goes beyond all possible bounds of decency. The Impact Rule generally does not apply to cases involving IIED. Because the defendant’s conduct is intentional, victims are not required to prove a physical impact or physical manifestation of the trauma to pursue a claim. Examples may include violent threats at work or falsely telling someone their loved one has passed away.

Negligent Infliction of Emotional Distress (NIED)

NIED claims occur when someone’s careless or reckless actions cause severe psychological trauma, such as PTSD, anxiety, or depression. This type of claim typically must adhere to the Impact Rule, particularly when a bystander is the claimant. Even if a physical impact occurred, the emotional trauma must typically result in observable physical symptoms, such as a shock-induced illness or a heart attack, to be compensable.

How To Sue for Emotional Distress: Step-By-Step

Knowing how much money you can get through a civil tort lawsuit is just the beginning. Now you need to develop a basic understanding of the step-by-step process for how our legal team would sue for your emotional distress claim. Let us review the core processes, including:

1. Determine the Legal Basis

Determine if your situation meets the strict requirements of one of two Florida legal categories, intentional or negligent emotional distress.

2. Gather Evidence

Florida courts and insurance companies require concrete proof of the event’s psychological impact. You will need to document the severity of your distress and its impact on your daily life. To do this, we use medical and psychiatric records, treatment notes, personal journals, witness testimonies, and employment records.

3. Quantify Damages

You and your legal team will calculate the total value of your claim, which typically combines both economic and non-economic damages (i.e., emotional distress).

4. File a Claim or Lawsuit

Your attorney will present this documentation to the at-fault party’s insurance company. We may also file a formal complaint in civil court, kick-starting the discovery phase. This is where both sides exchange evidence and cross-examine witnesses.

5. Negotiate a Settlement or Go to Trial

The majority of emotional distress claims are settled out of court through negotiations. If an insurance company or the defense fails to offer a fair settlement, your attorney can take your case to trial to have a jury determine liability and damages.

Find Out If You Have an Emotional Distress Claim

It can be difficult to know what constitutes fair compensation after suffering injuries caused by someone else. Your principal concern at this time should be physical and mental recovery, not the complexities of a legal matter.

The personal injury lawyers at The Florida Firm Injury and Accident Lawyers have extensive experience representing people who have been injured through no fault of their own. Our attorneys will fully evaluate the details in your case, including the damages you have suffered, and pursue the full compensation you deserve.

Are you suffering from emotional distress following a serious accident or other traumatic event in Florida? If so, we strongly encourage you to speak with one of our personal injury lawyers in confidence. Please call (407) 712-7300 to schedule a FREE, no-obligation consultation with Colling Gilbert Wright today.

The post How Much Money Can You Get for Suing for Emotional Distress? appeared first on Colling Gilbert Wright.

If you find yourself injured on someone else’s property and suspect their negligence is responsible for your injuries, call an experienced Orlando premises liability lawyer at (407) 712-7300 for a FREE consultation. The Florida Firm Injury and Accident Lawyers takes pride in pursuing just and fair compensation for our clients in Orlando and throughout Florida.

Overview of Premises Liability Law in Florida

Premises liability law is based on the fundamental principle that property and business owners have a duty to ensure the property they control is safe for others. If someone is injured on their property due to an unsafe condition that the owner knew or should have known about, the owner could be liable for their injuries.

Premises liability in Florida falls under statutes named in Chapter 768, Negligence. In addition to establishing the duty of care, these legal rules dictate how negligence is proven. The primary law governing slip-and-fall incidents caused by spilled liquids and debris (referred to as “transitory foreign substances” in a lawsuit) on business premises is § 768.0755, while negligent security (or criminal acts of third parties) falls under § 768.0701, for example.

What Are the Different “Categories of Visitors”?

When lawfully entering a property, we have the right to expect a certain degree of safety and protection. In Florida, the extent of the duty that property owners owe to visitors depends on the visitor’s classification. Florida law recognizes three categories of visitors:

Invitees

An invitee is an individual who is invited onto the property for the property owner’s benefit, like customers in a store. Property owners owe the highest duty of care to these visitors. They must conduct regular inspections of the property, looking for dangers and either fixing them or warning invitees about them.

Licensees

These are social guests or others who enter the property for their own purposes, like friends or neighbors. Property owners must warn licensees of known dangers but do not have a duty to regularly inspect the property.

Trespassers

These are people who enter the property without permission. Typically, property owners don’t owe a duty of care to adult trespassers except to not cause them intentional harm.

Proving a Premises Liability Claim

Premises liability claims are based on negligence. For The Florida Firm Injury and Accident Lawyers to successfully pursue a claim in Florida, the injured party and their premises liability attorney generally must prove the following:

Establish Duty of Care

The property owner or occupier owed a duty of care to keep you safe based on your visitor classification, either customer, guest, or trespasser, to qualify under the premises liability Florida statute.

Prove Breach of Duty

The property owner had knowledge of the hazard and breached this duty by failing to maintain the property safely or warn of dangers. You must show direct evidence, such as prior customer complaints, or show that the hazard was a regular, foreseeable occurrence, or it existed for long enough that the owner should have discovered it through routine inspections.

Link the Breach to Causation

The breach must be the direct and proximate cause of the injured party’s accident and injury. A property owner is not liable simply because you fell on their property. You must show why you fell and that the owner’s negligence caused it.

Quantify Your Damages

You must demonstrate that you suffered actual losses and physical harm because of the accident. If the injury resulted in damages, you would use medical expenses, photographs of your injury, or pay stubs to show lost wages.

Common Types of Premises Liability Cases

Florida experiences tens of thousands of premises liability-related injuries each year. Although we cannot provide you with an exact number of formal lawsuits that injured people just like you file annually, these claims make up a significant portion of the 60,000-plus personal injury civil lawsuits filed each year across the state’s circuit courts. The most common types of premise liability cases include:

Slip & Falls

These are the most common types of premises liability claims. Slip and fall accidents occur when someone slips, trips, or falls because of a hazardous condition on someone else’s property. Florida Statutes § 768.0755 states that “the business establishment” must have “had actual or constructive knowledge of the dangerous condition” to be held liable.

Inadequate Security

If a property owner or manager fails to provide secure access or adequate security in a building and a visitor is harmed as a result, the owner or manager may be held liable. This premises liability Florida statute is commonly applied in injuries sustained at apartment complexes, hotels, and shopping centers. These cases often stem from poor lighting, broken locks, or a lack of security personnel.

Dog Bites

Florida is a strict liability state when it comes to dog bites if the victim is in a public place or lawfully on private property when attacked. According to § 767.01, a dog’s owner is liable for any injuries their dog causes, even when they were unaware of the dog’s history of aggressive behavior

Swimming Pool Accidents

Property owners can be held liable for injuries that occur because they have failed to secure or supervise their swimming pools. While there are 11 city operated pools in Orlando, most pool-related injuries occur at home and often involve children. Under state law, owners are required to install and maintain proper fencing, gates, and warnings to prevent drownings and accidents.

Negligent Property Maintenance

Negligent property maintenance includes injuries caused by structural defects or poor upkeep. Under this category, claims are often a result of broken handrails, collapsing balconies, faulty elevators, and falling debris.

Other Types of Premises Liability Claims

Unusual premises liability claims in Florida involve unique hazards outside standard slips and falls. In addition to the common events that are filed in courts each year, residents have also sought to recover damages because of:

Common Types of Premises Liability Cases

Slip & Falls

These are the most common type of premises liability claims. Slip and fall accidents occur when someone slips, trips, or falls because of a hazardous condition on someone else’s property. Florida Statutes § 768.0755 states that “the business establishment” must have “had actual or constructive knowledge of the dangerous condition” to be held liable.

Read More: How Can I Make a Claim If I Was Injured in a Public Place?

Inadequate Security

If a property owner or manager fails to provide secure access or adequate security in a building and a visitor is harmed as a result, the owner or manager may be held liable.

Dog Bites

Florida is a strict liability state when it comes to dog bites. According to § 767.01, a dog’s owner is liable for any injuries their dog causes, even if they were unaware of the dog’s history of aggressive behavior.

Swimming Pool Accidents

Property owners can be held liable for injuries that occur because they have failed to secure or supervise their swimming pools.

Other Types of Premises Liability Claims Can Include:

• Inadequate Maintenance
• Defective or Unsafe Conditions
• Improper Fire Protection
• Water Leaks or Flooding
• Toxic Fumes or Chemicals
• Falling Merchandise
• Amusement Park Ride Injuries
• Playground Injuries
• Trampoline Accidents
• Assaults & Attacks
• Construction Accidents
• Wrongful Death
• And More

Comparative Negligence in Florida Premises Liability Cases

Florida follows a comparative negligence system. According to § 768.81(2), if the injured party is partly at fault for their injury, they may still be able to collect compensation for their losses. Their damages will simply be reduced by their percentage of fault.

For clarity, here is a fictitious example: Pretend you fell down the stairs at a hotel off International Drive and broke your ankle. But before you tripped, you saw the “broken handrail” sign the manager put up an hour ago and decided to use the stairs anyway. In this situation, you were found to be 20 percent at fault for your fall. Your doctor bill was $10,000. However, because you were partly to blame, you are only entitled to 80 percent of the total settlement, or $8,000.

Statute of Limitations on Premise Liability Lawsuits

A Florida premises liability claim, per statute § 95.11, generally must be filed within 4 years of the date of the accident. If the incident resulted in the death of a loved one, a wrongful death claim must be filed within 2 years.

However, there are some exceptions. While the two-year rule is strictly enforced, certain circumstances allow for a modified timeline, including the victim’s age. If the injured party was your child and a minor at the time of the incident, the countdown may not begin until they turn 18. If the injured person is a loved one who is mentally incapacitated at the time of the accident, the deadline to file may be paused (or tolled) until their competency is restored.

Though 2 or 4 years may seem like plenty of time to file a claim, building a solid case for premises liability takes time. One of the most important contributions to your claim will be prompt and thorough evidence collection.

Should You Hire a Premises Liability Lawyer?

Premises liability law in Florida is an intricate field that encompasses numerous types of accidents. It is essential to consult with an experienced premises liability lawyer if you’ve been injured on someone else’s property to ensure your rights are protected and that you can effectively navigate the legal landscape in pursuit of the compensation you deserve.

Read More: What Types of Cases Do Premises Liability Lawyers Handle?

Contact Colling Gilbert Wright today to get a FREE consultation. We will establish if you have a premises liability claim, and if you do, we will guide you through the process as we pursue fair compensation for your losses.

The post What Is the Premises Liability Law in Florida? appeared first on Colling Gilbert Wright.

These rights have limitations, including how long you have to file a claim related to your damages. While the laws that govern these limitations may seem straightforward, they can become complicated. There are exceptions and conditions to the rules, each of which may depend on minor details or previous interpretations of the law.

Nevertheless, your understanding of the law and ability to fight for what you need and deserve is crucial for recovering compensation. That’s where we come in. Our personal injury attorneys are passionate advocates for accident victims, and we do everything within our power to protect our clients’ rights.

If you believe you have a claim and are nervous about the personal injury statute of limitations in Florida, get in touch with the lawyers at The Florida Firm Injury and Accident Lawyers today. Call us at (407) 712-7300 for your FREE case review. Our attorneys proudly serve our neighbors in Orlando and throughout Florida.

What Is a Statute of Limitations?

A statute of limitations is a time limit that dictates how long you have to bring legal action after an incident. They exist for both criminal and civil legal matters—although some crimes, such as felonies that result in death, have no time limits.

The specific amount of time for particular statutes of limitations varies depending on the event and jurisdiction. Each state has its own set of limitations that apply to specific incidents. For example, if a puddle caused you to slip and fall at the grocery store in Kentucky, you have just one year to file your claim, but in Maine, that statute of limitations is six years.

Why Do We Have Statutes of Limitations?

Statutes of limitations exist to protect citizens from being forced to defend themselves long after an event occurs. Over time, evidence is lost and degraded, making it much more difficult to defend against claims of negligence.

For example, if you were in a car accident 10 years ago, and someone just now decides to sue you for the accident, how would you defend yourself? Ultimately, these types of lawsuits would clog up the legal system and make it difficult for decisions to be made. With statutes of limitations in place, plaintiffs must act relatively quickly, which is generally the best course of action for both the individuals involved and the system as a whole.

What Is the New Personal Injury Statute of Limitations in Florida?

As of March 2023, the statute of limitations in Florida is 2 years for all personal injury claims founded on negligence under Florida Statutes § 95.11(4)(a). The same amount of time is given for both medical malpractice and wrongful death claims. Previously, the statute of limitations for general negligence claims was set at 4 years.

This means that, in most cases, you cannot pursue compensation for an injury if it occurred more than two years ago—half the time plaintiffs had before the new laws were enacted. That said, there are some important exceptions to be aware of that may extend the 2-year deadline.

What Is the Discovery Rule?

Generally, the statute of limitations “clock” starts ticking as soon as the event takes place, not the date you finish medical treatment. If you were in a car accident, for example, and sustained a spinal cord injury for which you began immediate treatment, the statute of limitations would start on the date of the accident.
In some cases, however, personal injury damages are not immediately apparent. For example, in a medical malpractice claim, a patient might not realize that their surgeon made a bad mistake that worsened their condition until receiving a second opinion.

In these cases, the clock may not start ticking when the incident occurred but when it “should have been discovered with the exercise of due diligence,” according to Florida law. In other words, the statute of limitations begins when the patient receives a second opinion that points out the negligence of the patient’s surgeon.

However, this does not mean the statute of limitations no longer applies. In the case of medical malpractice claims, there are additional stipulations for how long plaintiffs have if and when the discovery rule applies.

What Is Tolling?

Like the discovery rule, tolling can extend the personal injury statute of limitations in Florida if certain conditions are met, including:

• If the person to be sued is not present in the state
• If the person to be sued is using a false name so that the plaintiff is unable to serve them
• If the person to be sued is not able to be found
• If the person entitled to sue is a minor or is incapacitated
• And more

In these cases, it would be impossible to pursue legal action, which is why tolling laws are an important protection for accident victims.

If tolling applies to your situation,  it does not necessarily mean your ability to sue is extended indefinitely. In many cases, legal action must still be filed within 7 years of the event.

What If My Child Was Injured?

Additional exceptions to Florida’s standard two-year window exist, such as when the injured party is a minor. If you file a lawsuit on behalf of your child, the Florida statute of limitations for personal injury claims is generally still two years after the accident. If you do not file a claim, your child usually has until their 20th birthday, because the two-year countdown to file a lawsuit does not start until they turn 18.

Claims regarding medical malpractice against a minor are different and have stricter rules. Generally, these claims must be brought no later than the child’s eighth birthday. If the injury stems from abuse or incest, according to The Florida Firm Injury and Accident Lawyers, Florida’s statute of limitations is extended to allow the action to begin up to seven years after the age of majority.

What If the Injured Party Was an Incapacitated Adult?

For an incapacitated adult, the deadline to file a lawsuit may be tolled until the incapacity is removed under Florida Statutes § 95.051. The time limit to file is suspended during any period in which a court has legally declared your loved one is permanently or indefinitely unable to manage their own health, safety, or financial affairs. The claim must still be brought within seven years of the incident, though. If you fail to file before this maximum “statute of repose” cap expires, your case will be dismissed.

Medical malpractice lawsuits involving incapacitated adults have their own rigorous filing caps. This deadline is typically within four years of the incident, barring fraud. However, tolling may not apply if the incapacitated adult already has a parent, legal guardian, or guardian ad litem who can file the lawsuit on their behalf.

What About the Time Limit on PIP Claims?

Florida adopted its no-fault auto insurance system decades ago. It states that if you are involved in a car accident, your own Personal Injury Protection (PIP) policy will pay up to 80 percent of your medical bills and 60 percent of lost wages—regardless of who caused the crash. Every registered vehicle owner in the state is required to carry a minimum of $10,000 in PIP coverage, but is there a statute of limitations on filing a claim with your own PIP policy? Yes.

To qualify for a PIP payout, you must get medical treatment within 14 days of the accident date. If your first medical evaluation happens on day 15 or later, you will forfeit your entire PIP benefit, even if you paid your premiums. However, if a qualified medical provider does not diagnose an Emergency Medical Condition (EMC), your payout is capped at $2,500 for medical care.

When your medical bills and damages exceed your PIP limits, reach out to Colling Gilbert Wright. Together, we can pursue a personal injury lawsuit against the at-fault driver to recover the remaining costs of your care. You also have up to five years to file a lawsuit against your own insurance company for unpaid or denied Personal Injury Protection (PIP) benefits.

What Do I Need To Get Done Before the Statute of Limitations Is Up?

While two years may seem like a lot of time to file a claim, accident victims should never delay legal action if they believe they have a right to compensation. There are a few reasons for this:

1. It takes time to investigate a case and calculate compensation
2. Evidence can be lost if an investigation does not begin soon after an incident
3. Negotiations with insurance companies can take time

If you wait too long to begin the claims process, you and your attorney may not have enough time to build a strong case or ensure you are pursuing the compensation you need and deserve for your damages.

The Dedicated Attorneys at Colling Gilbert Wright Can Assist

Dealing with the aftermath of a personal injury is difficult enough. Navigating all of the legal questions, rules, requirements, and conditions on top of it is simply overwhelming. Anyone injured due to someone else’s negligence deserves compensation for their damages. But, unfortunately, they do not come automatically.

We’re here to help. We have a proven track record of assisting injured Floridians in recovering compensation for their damages, and we want to seek justice for you as well. If you’re concerned about the personal injury statute of limitations in Florida, we urge you to get in touch as soon as possible to begin the process.

To get started, contact our Orlando personal injury lawyers today for a FREE consultation, and we will be here to support you during this challenging time.

The post What Is the Personal Injury Statute of Limitations in Florida? appeared first on Colling Gilbert Wright.

Diagnostic mistakes are related to the diagnosis of a condition. Proper diagnosis is a pivotal component of a provider’s job. After all, the only way to treat a condition correctly is if you first correctly identify the condition. Should you believe you have suffered injuries due to a misdiagnosis, taking a closer look at what it is, the various forms it can take, and whether or not it is considered malpractice could be helpful.

Please do not hesitate to reach out to the medical malpractice attorneys at The Florida Firm Injury and Accident Lawyers. Call us today at (407) 712-7300 to schedule a FREE case evaluation. Is misdiagnosis medical malpractice? We can help you determine if it is in your case.

What Is Misdiagnosis?

Misdiagnosis occurs when a healthcare provider fails to properly identify a medical condition. For instance, a patient may be diagnosed with an anxiety attack when they are actually having a heart attack. When a patient is diagnosed with the wrong condition, the consequences can be extremely serious—even fatal.

According to WebMD, misdiagnosis is most often related to heart attack, cancer, and infections, which shows just how dangerous misdiagnosis can be. Unfortunately, misdiagnosis is more common than most people realize. Per WebMD, 795,000 people each year fall victim to misdiagnosis, and according to Healthline, it leads to 40,000–80,000 deaths annually.

Read More: New Statistics on Diagnostic Errors

What Is the Difference Between Misdiagnosis & Missed Diagnosis?

The term misdiagnosis can often be used as a blanket term to encapsulate all of the different types of diagnostic errors. However, in legal scenarios, it is important to understand the difference between these terms.

While misdiagnosis refers to a patient’s medical condition being incorrectly diagnosed by a provider, a missed diagnosis refers to not diagnosing any condition when a condition exists. Missed diagnosis is also referred to as “failure to diagnose.”

The different types of medical diagnostic errors include:

• Misdiagnosis: A wrong or inaccurate diagnosis. For instance, when someone is diagnosed with the wrong condition.
• Delayed Diagnosis: A late or delayed diagnosis. For instance, when a healthcare provider fails to diagnose a condition as soon as they should have.
• Missed Diagnosis: No diagnosis is made when a condition exists. For instance, a patient goes to the doctor with symptoms and is told they are “fine,” but it is later found that they have a medical condition.
• Failure to Detect Complications to an Existing Diagnosis: The patient has a correct diagnosis, but the healthcare provider fails to properly recognize additional factors impacting or complicating the condition.

Ultimately, diagnostic errors can take many forms. Therefore, working with an experienced Florida medical malpractice attorney who understands what qualifies as a viable malpractice claim can be so valuable.

Is Misdiagnosis Considered Medical Malpractice?

Is misdiagnosis medical malpractice? Yes and no. Misdiagnosis in and of itself does not constitute medical malpractice; however, it can ultimately be the reason that medical malpractice takes place.

For example, if a doctor incorrectly diagnoses an allergic reaction as a stomach bug, in many cases, this may not result in injuries or damages. Even if the patient receives the wrong medication to treat their condition, chances are the misdiagnosis will not lead to a medical malpractice claim.

On the other hand, what if a patient sees a doctor about various symptoms that are unknowingly caused by cancer, and the doctor misdiagnoses it as an infection? Then, there is a high likelihood that the misdiagnosis will result in serious consequences. The patient will not be able to begin treatment as soon as they should, which could worsen their condition considerably and potentially result in their death. In this case, there is a much greater chance that the misdiagnosis would lead to a medical malpractice claim.

Can You Sue a Doctor Who Misdiagnosed You?

Yes, you have a right to pursue compensation against the doctor and/or healthcare organization responsible for your misdiagnosis, provided a few things are true:

• You suffered damages as a result of the misdiagnosis.
• The doctor had the opportunity to provide a proper diagnosis.
• The statute of limitations has not elapsed.

In Florida, you only have 2 years from when you discovered medical malpractice took place—and up to 4 years total from the incident—to file a lawsuit for a medical malpractice claim. If you attempt to file after this period, there is little chance you will be able to obtain compensation for your damages.

What Is the Filing Deadline for Misdiagnosis Claims in Florida?

In Florida, you only have 2 years from when you discovered medical malpractice took place to file a lawsuit for a medical malpractice claim. If you do not discover the misdiagnosis right away, Florida law enforces an overall cap of four years from the date the actual malpractice took place, regardless of when you discover the injury. However, there could be some exceptions to this rule.

If a healthcare provider intentionally commits fraud, conceals the error, or misrepresents facts to prevent you from discovering the malpractice, the timeline is extended. In these cases, you have up to a maximum limit of seven years from the date of the incident. If the victim is a child under the age of eight, the deadline is generally extended until the child’s eighth birthday.

For legally incapacitated adults, the statute of limitations can also be paused or “tolled.” However, the seven-year statute of repose still typically serves as the absolute maximum filing window. If you attempt to sue for misdiagnosis medical malpractice after this period, there is little chance you will be able to obtain compensation for your damages.

How Do You Prove Misdiagnosis?

Ultimately, proving that misdiagnosis took place is only one part of a medical malpractice claim. You must be able to fulfill what is called the “standard of proof,” made up of four distinct elements, to win compensation.

Patient-Provider Relationship

You must be able to establish that you or your loved one had an established patient relationship with the healthcare provider.

Failure to Uphold the Standard of Care

You must then prove that the provider failed to uphold the standard of care expected in patient-provider relationships. In this case, that means they failed to properly diagnose you.

Injuries Suffered

You have to show that the provider’s misdiagnosis directly resulted in injuries, whether that be not treating a condition as soon as it should have been treated or making an existing condition worse.

Damages

Finally, you must prove that your injuries resulted in damages. Damages in a misdiagnosis case can include medical bills, out-of-pocket expenses, loss of earning capacity, lost wages, pain and suffering, and more.

Mistakes that Are Not Considered Medical Malpractice

It’s important to note that not all mistakes by medical providers are considered malpractice. You must show that they acted in a negligent, careless way that breached the standard of care they owed you.

Mistakes that do not meet this legal threshold and are not considered medical malpractice include:

Unavoidable Complications and Known Risks: 

If you experience a known risk or inherent complication that was thoroughly explained to you during the informed consent process, complications are generally not considered malpractice.

Unsuccessful Outcomes

A bad result, such as a surgery that did not cure your underlying condition, is not automatically malpractice under state law.

Patient Non-Compliance

If an injury occurs because you failed to follow the doctor’s prescribed treatment plan, medication schedule, or post-operative care instructions, you cannot sue a doctor for misdiagnosis.

Errors in Untreatable Conditions

If a doctor makes a misdiagnosis, but your true underlying medical condition was fatal or untreatable, and the doctor’s error would not change the outcome (regardless of when it was caught), their actions do not qualify as malpractice.

What Are the Biggest Hurdles in Proving a Malpractice Lawsuit?

As we touched on, proving a medical malpractice lawsuit in Florida is exceptionally difficult. While you can sue a doctor for misdiagnosis, before you officially file a medical malpractice lawsuit, Florida law requires a rigorous and costly pre-suit investigation.

This step requires you to obtain a sworn affidavit from a qualified medical expert stating that there are reasonable grounds to believe medical negligence occurred. You must also submit a “Notice of Intent to Initiate Litigation” to the healthcare provider and give them up to 90 days to review and investigate your claim. If you do not complete this process correctly, Florida courts would likely dismiss the lawsuit completely.

It is not enough to show that your doctor made a mistake or deviated from the standard of care. You must also prove that this error directly caused your injuries, and causation is notoriously hard to establish. Defense attorneys may argue that your injury was a natural progression of a pre-existing condition or that it was a necessary side effect of treatment. Many medical procedures are risky and proving that an adverse outcome was due to negligence and not a routine complication requires expert testimony.

Read More: Which Element of Malpractice Is Hardest To Prove?

Do I Need an Orlando Medical Malpractice Attorney?

Medical malpractice claims involving misdiagnosis are often highly complex cases that require abundant experience, insight, knowledge, and resources. It can be difficult to prove that a mistake reached the level of malpractice, requiring a thorough investigation to review all available medical documentation.

Further, the healthcare provider’s insurance company will put significant effort into fighting your claim. They may offer you a small settlement, but are unlikely to offer you the settlement you need and deserve without a fight.

For most, doing all of this without the help of an experienced medical malpractice attorney simply isn’t practical, and the stakes are too high. Working with a lawyer will not only take the burden off your plate, but it will also give you the best chance of recovering the compensation you deserve for what you have suffered.

What Damages Can You Recover in a Misdiagnosis Claim?

In a Florida medical malpractice misdiagnosis claim, you can typically recover both “economic” and “non-economic” damages. In rare cases involving gross negligence, you may also be awarded “punitive” damages to punish the healthcare provider for breaching their duty of care.

Economic Damages:

Economic damages are your specific, out-of-pocket financial losses that were a direct result of your misdiagnosis. This compensation may help you recover your:

• Medical Bills: Costs for corrective surgeries, additional hospital stays, required medications, physical therapy, and long-term care.
• Lost Income: Wages or lost profits from your business due to time off work for additional treatments or recovery.
• Loss of Earning Capacity: If the misdiagnosis leaves you permanently disabled and unable to earn the same income you did previously, you may be compensated.
• Out-of-Pocket Costs: Travel expenses for out-of-town medical appointments, household services, and mobility equipment all qualify as recoverable losses.

Non-Economic Damages

Non-economic damages are a bit harder to prove, because these losses are considered “subjective.” They are intangible costs caused by the misdiagnosis, and may include:

• Pain and suffering, including physical discomfort and ongoing distress.
• Psychological trauma, anxiety, or depression caused by the ordeal.
• Inability to enjoy life by participating in beloved hobbies, daily activities, and family life.
• Disfigurement and permanent scarring caused by delayed treatment or an incorrect procedure.
• Compensation for the negative impact the injury has on your relationship with your spouse or a “loss of consortium.”

The value of these damages depends on factors such as the severity of your injury, the length of time the condition went undiagnosed, the impact on your daily life, and whether the misdiagnosis resulted in permanent complications or disability.

Contact Colling Gilbert Wright Today!

At Colling Gilbert Wright, we understand the frustration, confusion, and pain that can come with a misdiagnosis claim. We are committed to pursuing justice for those who have suffered damages due to the negligence of a healthcare provider. We don’t seek a quick settlement—we seek a fair settlement, and we’ll be here with you each step of the way.

The question “Is misdiagnosis medical malpractice?” hinges on the standard of care provided and the impact of the error on your health. If you believe you have a medical malpractice claim due to a medical professional’s misdiagnosis, get in touch with us for legal support today. You can contact us online for a FREE case evaluation. Our malpractice lawyers are proud to serve our neighbors in Orlando and throughout Florida.

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