Experienced Winter Haven Personal Injury Lawyers Help Defend Your Rights
Winter Haven, Florida is the home of many of our friends and clients. Due to its humid subtropical climate, at its best during the winter months, it didn’t take us long to figure out how Winter Haven got its name. In terms of natural features, we can’t decide which one we like better – the Chain of Lakes with its fishing and skiing opportunities, or the Legoland Florida botanical gardens. In our opinion, however, the best attribute of Winter Haven is the friendliness and authenticity of its people.
Unfortunately, however, Winter Haven is no more immune than anywhere else from hidden dangers that only surface when an accident occurs. Texting motorists, carelessly manufactured pharmaceuticals, overworked medical staff, and vicious dogs are several among a multitude of dangers that could turn a tranquil life into a nightmare in the space of an instant. The damage done to your life by a serious accident can be multidimensional. Pain and disability, shock and fear, interruption of your lifestyle, and sudden financial difficulties all compete for your attention just when you are in the worst position to deal with them.
Perhaps the worst part of the experience is finding out that your accident wouldn’t have happened except for the inexcusable carelessness of someone else. We understand the anger you must feel when you try to obtain fair compensation, only to find that the responsible party is playing games with you in an attempt to avoid paying up.
An Injury Attorney Can Put a Stop to the Gamesmanship
At Abrahamson & Uiterwyk, our Winter Haven personal injury lawyers don’t let anyone play games with our clients – and when they try to play games with us, they find themselves in over their heads very quickly. After 30 years of practice, 20,000 personal injury clients, and over 100 years of combined practice experience, we have seen it all – there is not much that could happen in a personal injury case that we haven’t seen before. Personal injury law is what we do, and it is all we do. You won’t see us defending drug dealers or writing business contracts – you’ll only see us helping injured victims seek the justice they deserve.
A Few of Our Main Practice Areas
Car Accidents: Florida is one of the nation’s most dangerous states to drive in, second only to California and Texas in terms of sheer carnage. Furthermore, the accident rate has been increasing over the past 5 to 10 years, due largely to texting while driving and similar activities. If you are injured in a Florida car accident, it is likely that the accident was somebody’s fault. Even if you were partly at fault, you might still be eligible for compensation.
Drunken Driving Accidents: No accident is more avoidable than a drunken driving accident. Drunken driving is reckless behavior, well beyond the minimum threshold of carelessness needed to establish financial liability. You don’t need a DUI conviction to win a civil lawsuit over a drunken driving accident – in fact, sometimes you can win even if the defendant was acquitted in criminal court.
Bicycle Accidents: A bicycle is perhaps the most vulnerable vehicle on the road, yet even a child can legally ride a bicycle down a busy thoroughfare. Bicycle accidents tend to be serious, and children are disproportionately represented among bicycle accident victims. A bicycle accident may be caused by a bicycle malfunction or by a motorist’s unawareness of its presence, among other causes.
Brain Injuries: Because the brain is the body’s command and control system, a serious brain injury can result in catastrophic medical expenses and a lifetime of lost earnings, not to mention tremendous emotional trauma. In some cases, you might not even be aware of a brain injury for quite some time after the accident, and you might not even connect your symptoms to the incident that caused it.
Product Liability: Product liability law applies to injuries caused by defective products such as food, pharmaceuticals, household appliances, auto parts, or medical devices to name a few. Many injuries could have been avoided if the manufacturer or designer had paid more attention to consumer safety.
Birth Injuries: Injuries during childbirth are surprisingly common, and they can affect both the baby and the mother. In many cases, the hard part is tracing the injury to medical malpractice. For that, you will probably need the services of an experienced medical malpractice law firm. We have represented clients in hundreds of birth injury cases.
Pedestrian Accidents: Florida is, unfortunately, one of the least pedestrian-friendly states in the national, consistently ranking near the top of the pedestrian accident statistics in terms of both total numbers of injuries and deaths and the highest accident rate per capita. Competent representation is essential in a pedestrian accident case, because it is easier to “win” a case than to secure the full amount of compensation to which you are entitled.
We also handle the following types of cases:
- construction accidents
- truck accidents
- motorcycle accidents
- slip and fall accidents
- medical malpractice
- dog bites
- nursing home abuse
Since this is only a partial list of the types of cases we handle, feel free to contact us if your injury doesn’t fit neatly into one of the aforementioned categories.
Personal Injury FAQs
Can I sue the government for personal injury?
Sometimes you can, but legal restrictions make winning a lawsuit against the government a more difficult undertaking than winning a lawsuit against a private party. The reason for these restrictions is that when you sue the government, the judgment must be paid by taxpayers. You generally cannot sue the government for negligent planning, but you can often sue it for negligent execution. You probably cannot sue the state of Florida, for example, for failing to place a guardrail along a dangerous curve, but you might be able to sue if the guardrail failed because it was negligently installed by a state employee.
Damages are limited in such lawsuits, and you must comply with special procedures.
What is an accident reconstruction specialist?
An accident reconstruction specialist is someone who applies scientific principles to the physical evidence of an accident to help determine facts relevant to the case, such as who was at fault. An accident reconstruction specialist might use stopping distances based on well-established physics, for example, to determine that a drunken driver could not have stopped in time to avoid an accident even if he or she had been sober. Accident reconstruction specialists can be used as witnesses by either side.
Can I sue a nursing home for abuse or neglect?
Yes, you can, and there are many ways to win such a lawsuit. Nursing homes are regulated by a multitude of state and federal regulations. If you can prove that the defendant nursing home violated a regulation, and that this regulation harmed the resident for whom you are suing, you can win the lawsuit. In some cases, it is possible to win a lawsuit against a nursing home without even proving that the nursing home violated a regulation, since even a library full of regulations cannot anticipate every possible circumstance.
Can I sue a nightclub for serving alcohol to a drunk driver who injured me?
Yes, under limited circumstances. Florida’s dram shop law allows you to sue a nightclub for serving alcohol to a customer who injured you, under two alternative circumstances – (i) the customer was a minor (under 21), or (ii) the customer was known to be “habitually addicted” to alcohol. Florida’s dram shop law, unfortunately, is harder for accident victims to use than the dram shop laws of most other states; in many states, for example, serving an obviously intoxicated customer is enough to trigger dram shop liability for a subsequent car accident.
I was injured by a defective prescription drug. Who should I file a claim against – my doctor or the drug manufacturer?
You should file a claim against the drug manufacturer, and perhaps also the distributor and/or retailer of the drug. If your doctor prescribed the drug to you, you might also have a claim against your doctor. Remember that a drug does not have to be dangerous to everyone to be considered defective. A drug might have a “warning defect,” for example, if its packaging failed to contain a warning that it should not be used by pregnant women.
Take Decisive Action Today
At Abrahamson & Uiterwyk, we focus on aggressive and prompt representation, so that we can seek full compensation for your injuries as quickly as possible. You won’t need to put up any money upfront – we work on a “no win, no pay” system, meaning you pay no fees or costs unless we win.
Although we focus on a settlement, we will take your case to court if the other side refuses to cooperate. At Abrahamson & Uiterwyk, we have experienced trial attorneys that, at times, are hired by other law firms for their cases.
If you live or work in Winter Haven, call us today toll-free at 800-753-5203, or contact us online to schedule a cost-free, obligation-free consultations of your claim. We can conduct a telephone evaluation or even meet you at your home or office in Winter Haven. Contact us 24/7 and you will find a representative standing by to take your call.