CGWC Orlando Injury Attorney Blog

Orlando, Florida

Archive for the ‘Personal Injury’ Category

Who We Are and What We Do

Friday, February 3rd, 2012

Personal injury attorneys: despite all of the years of efforts by corporate spin-mongers and lobbyists to tarnish our name, personal injury attorneys play a crucial role in protecting the American way of life. People tend to recognize this when they are catastrophically injured, or lose a loved one, due to a defective product, a truck driver who has not slept for days, or a doctor’s surgical error. America’s founders enshrined the right of citizens to seek redress in the courts, when they are injured due to the negligence of another. In the past decade, many wealthy and powerful groups have attempted to convince Americans to throw away such rights. They usually do this by claiming the courts are clogged with “frivolous” lawsuits, or arguing that industries function more effectively when allowed to “police themselves”. The devastation of the American economy (by rampant fraud within the banking and mortgage industries) and the devastation of the Gulf of Mexico (by oil companies’ wanton dismissal of environmental concerns) are two of the most recent examples of what happens when corporations “police themselves”. And when it comes to frivolous lawsuits? The very idea is a red herring designed to misinform the public into supporting so-called “tort reform”. We have recently pointed out in this blog how swiftly meritless lawsuits are dismissed or withdrawn from the courts, and the nearly nonexistent impact such claims have on the alleged ”clogging” of our legal system.

In the face of such sustained, heavily-funded attacks on our profession, personal injury attorneys have continued to seek justice for individuals and families harmed by defective products or unsafe buildings, negligent healthcare providers, or insurance companies handling claims in bad faith. At Colling Gilbert Wright & Carter we are proud of our record, and proud of our reputation. We use our experience and expertise at litigation to seek justice for those who have been injured.

Unfortunately, some personal injury firms play into the negative stereotypes that corporate interests have spent so much effort and time to create. They do so by producing clownish advertisements, or by working with referral companies who use actors dressed up as police officers or doctors in their own barrage of advertising. At Colling Gilbert Wright & Carter, we spend our time and our money on litigating our clients’ cases, not on filling highways with our faces on  billboards, or on endless TV commercials. We get the majority of our clients referred to us by the satisfied clients we’ve represented successfully in the past, not by shady 1-800 numbers selling referrals to the highest bidder. Because we have practiced law with integrity and dedication for many years, our reputation remains one we can be proud of. Corporate defense attorneys and insurance companies don’t know our names and faces from the back of their phone books; they know us because we face them in court on behalf of our clients, and win. If you or a loved one are hurt and need to seek justice in the courts, don’t hire an advertiser. Hire a litigator.

Posted in Choosing the Right Lawyer, Personal Injury, Wrongful Death | Comments Off

FDA Adds New Warning to Multaq

Tuesday, December 20th, 2011

Multaq (dronedarone) is a widely-prescribed drug for patients with heart arrhythmias.Yesterday, the FDA announced a new warning about risks associated with Multaq.You can read the entire FDA warning here. A study found that in patients with permanent atrial fibrillation, use of Multaq doubles the risk of stroke, heart failure, and cardiovascular death. The FDA warning goes on to recommend that doctors should monitor all patients using Multaq by performing an electrocardiogram (ECG) at least once every three months. The FDA determined that for patients with nonpermanent atrial fibrillation, Multaq use is still safe and beneficial. If you are a patient using Multaq and have questions about the FDA’s recent findings you should contact your healthcare professional. If you or a loved one have been injured by your prescribed use of any pharmaceutical, you can contact Colling Gilbert Wright & Carter for a free evaluation of your potential claim. Call us or visit us on the internet at www.thefloridafirm.com

Posted in Personal Injury, Product Liability, Uncategorized | Comments Off

Instant Soup Cups Pose Real Danger

Wednesday, December 7th, 2011

Doctors in burn units around the country report treating severe burns several times a week which were caused by instant soup cups. The soup cups in question are usually noodles in broth, served in styrofoam cups which the consumer either microwaves or fills with already-boiling water. NPR reported earlier this week that they called 12 hospital burn units around the country, and 8 out of 12 of them see burns caused by instant soups multiple times every week. The burns are usually to children or toddlers, and the numbers of these cases tend to go up in the wintertime. The burn unit of a hospital in Washington D.C. reported treating an average of 5 or 6 noodle soup burn injuries per week.

A study in 2007 showed that noodle soups are uniquely able to deliver serious burns, since the noodles cling to skin and result in more severe burns than hot liquid would alone. Another factor in these burn cases is the packaging of certain noodle soups. Those in slender styrofoam cups with a small base, such as Nissin Cup Noodles (one of the cheapest and most popular of these products) tend to be top-heavy and tip over easily.

You can read, or listen to, the NPR report “Why Burn Doctors Hate Instant Soup” here.You can also protect your children from such avoidable injuries by taking precautions and not serving hot soups in unstable containers. Make the soup and then mix in some cool water and pour the soup into a regular bowl with a wide base where it can be cooled by the air and less prone to spilling. Anytime you or a loved one are injured by a product that has a flawed design or unsafe elements, whether automobile tires or cribs, hip replacements or toys with lead paint, call Colling Gilbert Wright & Carter for a free case evaluation. Product liability law can be confusing, and we are always glad to help you determine if you have a viable legal claim for damages that result from unsafe products.

Posted in Personal Injury, Product Liability | Comments Off

Prevent Christmas Season Fires

Saturday, December 3rd, 2011

Christmas season means trees, lights and decorations that get us in the Christmas spirit. What you may not know is that certain dangers accompany these beautiful accoutrements of the holidays. One real danger is fire. At CGWC-The Florida Firm, we have seen our share of tragedy from accidental fires from incidents on the job, in apartment complexes, and homes. Unfortunately, the Christmas season is a time of high risk for home and building fires.

Take steps to prevent fires in your home and business. First, be sure to pick a freshly cut tree if you’re selecting a real tree to decorate. Check the needles and see if they feel dry. Bump the trunk onto the ground and watch for needles to drop off. If lots of dead needles drop off, it’s not fresh, is drying out and is more flammable. Check the bottom for signs of age since the cutting and pick the freshest tree. The trunk of a freshly cut tree should feel sticky. Don’t put the tree near a heat source where it will dry quickly. Keep the tree watered well, and don’t put the tree up too early. A real tree should not be placed in the home and decorated for more than two weeks. Inspect your Christmas tree lights for frayed wires, missing bulbs or other defects that could be fire hazards. Don’t overload electrical outlets with lights. Check wires and lights periodically by feeling them, as they should not be hot to the touch. Don’t leave Holiday lights on unattended. Use only nonflammable decorations, and be sure to use only flame retardant artificial trees and decorations. Finally, make sure your smoke alarms have fresh batteries and are operable.

Now, enjoy the holidays in safety. Happy Holidays!

Posted in Choosing the Right Lawyer, Personal Injury | Comments Off

Your Medical Records Are Important

Sunday, November 20th, 2011

When we try cases for clients who are injured in automobile and other accidents, we invariably watch them questioned incessantly and throughout their jury trial about what their medical records say and don’t say. Often, in their own hand, questions are answered on physician office intake forms in a way that makes the clients look dishonest. We know these misstatements and errors are most often completely innocent, but explaining it to a jury is virtually impossible when the client is before them asking for money for injuries.

Remember that your medical records are important. Not only does your doctor rely upon them in giving you medical advice and recommending treatment options, but if you are involved in an insurance claim, a disability claim, or litigation arising from an injury of any kind, lawyers will use them against you whenever and wherever they can. Be careful about how you answer the dozens of questions on the clipboard when visiting a new doctor. Think about someone questioning your about what you write in those forms, and even imagine if you are one of the unlucky ones who is later involved in an accident that is no fault of your own: could this be used against me? Mainly, you want to be sure you are painstakingly honest and precise as possible. Otherwise, you may find yourself hoisted on the petard of your own medical records when making an insurance or injury claim.

Posted in Auto Accidents, Insurance and Consumer Rights, Personal Injury | Comments Off

What Jurors Are Never Told

Friday, October 21st, 2011

You may or may not know this, but jurors are never told everything about a case they are sworn to hear and decide. Routinely in civil cases, such as personal injury and wrongful death lawsuits, jurors are deprived by law of some important information. For example, jurors are never allowed to know if a person or company that is being sued has liability insurance to pay the claim. Most often, liability insurance does exist and covers the defendant for the claims. Jurors are never told how much insurance coverage the defendant has. They can have literally millions of dollars of insurance coverage, and the jury is prohibited from knowing it. Jurors never know what negotiations have taken place before the actual trial. An insurance company may have offered hundreds of thousands of dollars to settle a case, and yet march their attorneys into the courtroom with instructions to deny all responsibility and ask the jury to send the injured person home with no money at all. In car accident cases, jurors are never told who received the traffic citation for an accident, and they are never told if someone fought a ticket in traffic court and won or lost. Jurors are often never told about the accident record of the person or company being sued, their history of lawsuits or claims, or their general character, such as criminal charges brought against them in the past.

Winning a lawsuit requires a lot of hard work, skill and finesse, to overcome laws like these that prevent attorneys from telling the jury the whole story. For  a free consultation about your case, call The Florida Firm.

Posted in Choosing the Right Lawyer, Personal Injury | Comments Off

CGWC Seeking Information About Explosion at Kissimmee Power Plant

Tuesday, August 23rd, 2011

An enormous explosion at the Kissimmee Utility Authority (KUA) last week left two people seriously wounded and one dead. During maintenance at the KUA substation, the workers were inspecting a new transformer which had been installed recently. When the transformer exploded, it led to an enormous blaze, and the contractor nearest the explosion died on the scene. The other two victims were severely burned and remain hospitalized at this time. Colling Gilbert Wright & Carter have been retained as counsel for one of the victims of this explosion. If you have any knowledge of this tragic explosion, or any information that may add to our understanding of what happened that day, please contact our office immediately. Some links to the media coverage of the explosion are listed below.

http://www.myfoxorlando.com/dpp/news/local/080711-fire-explosion-electrical-plant-kua

http://www.palmbeachpost.com/news/transformer-explosion-kills-one-injures-two-at-utility-1710719.html

http://www.wftv.com/news/28792227/detail.html

http://www.wsvn.com/news/articles/local/21005045100941

Posted in Personal Injury | Comments Off

Injuries Don’t Just Happen

Sunday, August 21st, 2011

Most injuries don’t just happen; they are preventable. No matter what you hear on tv and newspapers from loudmouths saying people sue at the drop of a hat because Americans no longer accept responsibility for their own actions, they have it backwards. There are a whole lot of people who don’t accept responsibility for their own actions alright, and they are the people who pay lobbyists millions of dollars a year at both state and federal levels doing everything they can to enact laws or regulations that allow them to escape responsibility for their actions…actions that cause you injuries and financial losses when you are injured or your home or other property or assets damaged. Make no mistake about it. Every year individuals lose more ground in the very place the founding fathers meant to be the great leveler…the American courtroom. The American courtroom and the right to trial by jury, even in civil cases, was a lynchpin of American democracy that has already been whittled to a nub. Trial attorneys can help, but if the public doesn’t wake up and force businesses and people to take responsibility and be held accountable when they harm others, American democracy will be lost, and with it, the middle class and individual rights.

Posted in Personal Injury | Comments Off

Choosing Your Personal Injury Lawyer

Saturday, July 23rd, 2011

If you or a loved one is involved in an accident, there is no shortage of attorneys who say they can help. In fact, many virtually guarantee they can get you tens of thousands of dollars, if you will just hire them and not someone else. They are on television, billboards, radio ads, and on banner ads and Google ads on internet sites that people visit often.

Be careful when you hire your personal injury attorney. The lawyer that shouts the loudest on television and radio might not be the best lawyer for you. The lawyer that buys the most television time might not be for you. The lawyer who is chosen by a lawyer referral service that also chooses your doctor is not necessarily the best lawyer for you. Finally, the lawyer who tells you only what you want to hear is not likely the best for you either. Be careful out there when you choose your personal injury lawyer. Once it’s done, it can be costly to change horses in midstream.

If you’re looking for the lawyer that’s right for you, call CGWC for a free consultation.

Posted in Choosing the Right Lawyer, Personal Injury | Comments Off

Hot Coffee: New Documentary Exposes the True Story of Tort Reform

Wednesday, July 13th, 2011

Recent Supreme Court decisions have chipped away at the right of consumers to seek justice in class actions when they are wronged by corporations. They have granted big businesses the ability to donate unlimited sums of money, anonymously, to political campaigns. They have protected corporations from facing consequences for polluting the environment. And they have ensured that the makers of generic pharmaceuticals cannot be held liable for damages caused by their products. The last two terms of the Supreme Court have rightly been called the most big-business friendly period in the history of our country’s highest court. The decisions mentioned above have certainly done damage to the rights of consumers in America. However, sometimes the most serious damage to consumers’ rights has been done with a little help from the consumers themselves. A fascinating new documentary by a former plaintiffs’ attorney tells the story of how this came to be.

“Jackpot Justice”, “Runaway Juries”, and ”Frivolous Lawsuits”. These phrases came to be the rallying cries of what seemed to be a grassroots movement in the 1990s and early 2000’s. These slogans were repeated endlessly in the name of “tort reform”, in what was essentially a corporate ad campaign for the wholesale re-shaping of the American civil justice system. Have you ever heard the one about the little old lady who spilled McDonald’s coffee on herself while driving, and won millions of dollars by suing the company? Of course you have. A very specific version of her story was repeated thousands of times, like a children’s fable designed to impart a moral lesson through repetition.  Comedians joked about it. News anchors repeated the myth in mocking tones. And the narrative was accepted and agreed upon. Our civil justice system was out of control. People were trying to get rich by pursuing frivolous lawsuits, and runaway juries were granting that wish. If anyone questioned those notions, one could just mention the little old lady who became a millionaire because her coffee was hot. Argument over.

The problem, it turns out, is that not many people knew the real story. The little old lady was not driving. She was parked. She was sitting in the passenger seat. And the coffee? It was kept at 190 degrees, 70 degrees hotter than any normal coffee maker would get to, and hot enough to cause 3rd degree burns on contact. Which, in fact, it did. The burns required skin grafts. Over 700 people had already been burned similarly by McDonald’s coffee. The little old lady did not become a millionaire. She had not even wanted to go to court, but for McDonald’s to cover her medical bills. They refused, and insisted on litigation. The facts of this case are so different from the popular perception of what happened that it makes one wonder how we were all so deceived.

“Hot Coffee” is a new documentary airing on HBO which explores the infamous McDonald’s coffee claim, and 3 other cases, to show how big business interests have manipulated public perception to support a drastic transformation of our nation’s civil justice system. Large corporations spent enormous sums of money to bombard the media with messages from seemingly grass-roots organizations devoted to so-called “tort reform”. By repeating buzzwords endlessly, and presenting a decidedly one-sided narrative of an out-of-control justice system, these corporations were able to effectively re-arrange the landscape of civil justice in America. These political “spin” techniques were so effective that millions of Americans bought into the idea of “tort reform”, “runaway juries”, and “jackpot justice”. The problem is, when one of those Americans is now suffering as a result of corporate negligence or wrongdoing, they find their ability to seek justice through the court system has been significantly diminished.

“Hot Coffee” is a sobering look at what has been happening to civil justice in America over the past decade. Plaintiffs’ rights attorneys like Colling Gilbert Wright & Carter fight every day to help average citizens seek justice when they are harmed by the negligence or wrongdoing of enormously powerful corporate interests. It is one of the most admirable qualities of our justice system that all litigants- powerful or weak, rich or poor- are on equal footing in the eyes of the law. This level playing field has been increasingly tilted in recent years, to protect powerful interests from liability for their own actions (or failures to act). The fact that average Americans have been duped into supporting measures which restrict their access to the justice system is regrettable. The information presented in “Hot Coffee” makes a huge first step towards educating the public on what so-called “tort reform” has actually accomplished. 

“Hot Coffee” is showing now on HBO. For those without premium cable, many good video clips and interviews of the people involved can be found here.

Posted in Insurance and Consumer Rights, Personal Injury, Product Liability, Uncategorized | Comments Off

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