$791,000.00 – Motorcycle Accident

October 31, 2024

Motorcycle/wrongful death accident where another motorist pulled out in front of our client. Our client died at the scene from his injuries. Settlement Net to the Estate after attorney’s fees and costs $525,000.00.

Most cases result in a lower recovery. It should not be assumed that your case will have such a beneficial result.

Text over hands wrapping a bandage
October 31, 2024
If you’re like most people there are numerous times throughout your life when you didn’t know it, but you desperately needed a personal injury attorney. In fact, in this post I’m going to detail 9 situations, what are pretty common, where you should hire a personal injury lawyer . Tainted Food / Bad Food Most of us have had the displeasure of eating food that was bad, undercooked, rancid, or worse. In doing so many of us have lost time from work, and even might have incurred medical bills. Although that usually pails in comparison to the feeling and sickness you get not too long after eating tainted food, but non-the-less it’s still something you, in many cases, should not have to incur the costs and obligations for. In many of these situations an attorney can help recoup the cost of loss of work or income, and medical bills. The first step is to consult a lawyer on whether the restaurant, store or food processing company has a liability in your case. Defective Products Ever get something cheaply made or just completely defective? Most of us have. But when it causing harm to you or others (physically or mentally) you may have a case that needs to be brought against the manufacturer. An attorney can assess your situation and determine who, or if anyone, is liable for the injuries and harm sustained. Many times we pass off injuries we get from common household items as “normal”, but the true is that it’s not normal for a product to cause you bodily harm. Consulting a lawyer who focuses on personal injury can you better understand what your best course of action is in this case. Attacked by a Dog Being attacked by a dog is a fear most of us share. But what do you do when it actually happens? You should immediately consult an attorney. Things like medical bills and loss of income, are something legal counsel may be able to get you awarded in a settlement or suit. If you’re attacked you should never just “right it off.” It’s completely okay and it’s your right to consult an attorney about legal advice on whether you should pursue legal action against the dog’s owner . Car Accident Anytime you are in a car accident it should be second nature that you call 2 people. One being the police (and any emergency response care) and number two should be your lawyer. Car accidents can be tricky to navigate on your own. Even the most simple bump from another car can results in a number of problems for you that you were not aware of. On top of that insurance companies’ best interests are not always the people they cover or represent. Many times there are things you should be awarded which you don’t even know to ask for. It’s very easy to get taken advantage of without the expert legal advice of someone who can navigate that tricky road. If you’re looking for a car accident attorney in St. Petersburg , FL, feel free to contact us to receive a free consultation. Medical Mistakes Mistakes from medical devices and/or surgical mishaps are a tragedy that no one should have to endure. Which is why when you suspect something might be wrong you should immediately contact your attorney. They have the special knowledge and skill to make sure you can get you or your loved one back to health, and get rewarded for any mistakes and losses. Slip and Fall A slip and fall may be an embarrassing thing, but the truth is that when it happens on a location that is owned by another group, person, or entity, they may have a legal liability for the resulting accident. And you should never feel too embarrassed to get help in such a case. The best thing to do is contact a lawyer to find out what your options are. They keep all information confidential and can help guide you on what to do. Work Injuries One of the worst nightmares for many of us is to get injured and not able to perform our duties at work and as a result, lose income or even be fired. If you’re ever injured in a workplace setting you should contact a lawyer immediately. They are specifically trained to know how to handle such cases. They’ll know what you should and should not be saying to your employer. They will be able to inform you of your rights. And guide you as to what actions to take next. Attacked Physically Whether you’re attacked physically by someone you know or a total stranger it’s never something that should be taken halfheartedly. In these cases, you desperately need to have the legal advice and care from an injury attorney. Many times it’s hard enough just to get through the injury or to confront what just happened to you or a loved one. That’s why seeking out legal counsel will help unburden you. A lawyer can help in personal injury settlement cases in more ways than just seeing the attacker to court. You should consult one as quickly as you can so that they can help assist you. Attacked Emotionally or Physiologically Being attacked emotionally or physiologically has the potential to cause more harm than many physical attacks. That fact should never be overlooked. If you are a victim, be it physical or mental, you have a right to seek legal advice and representation. This is probably one of the most overlooked injuries people sustain. Sometimes people are just too embarrassed to come forward. But what you need to understand is that an attorney is not there to make fun of, judge, or ridicule you. Contrary to that, they want to help you seek justice, within the scope of the law, for any misdeeds done. It can make a world of a difference to receive help from a legal representative. Della Costa & Neville is a Pinellas Park attorney office in Florida that represents clients in a broad range of cases. Cases we take on range from trucking, auto, and motorcycle accidents, to wrongful death, business litigation, and personal injury. We will win your case or it’s free.
A picture of a car that has been damaged in an accident.
October 31, 2024
Auto accidents are never pleasant. You and everyone around, including onlookers are affected. The physically weakening, emotionally overwhelming, in worst cases, fatal scenarios, and damaged property are clear signs that you are having a bad hair day. Choosing the wrong Auto Accident Attorney could only make matters worse, reminding you of Murphy’s Law – if anything has to go wrong, it will. Before you understand the right way to choose an Auto Accident Attorney , it’s important to be aware of the wrong way to choose an Attorney. If you don’t do your homework before deciding to hire an attorney, you started off on the wrong note. I’ll explain the right ways to choose your attorney. But regardless of my points below, always remember not to hire an attorney in haste. Here are five tips that should help you to choose the right car accident attorney Be clear on what you want… And know what to look for before you decide on hiring an Auto Accident Attorney. Make a list of the behaviors and traits that you would like to see in your attorney. With the behavior patterns and traits, you can be sure of receiving the services of services that you are actually looking for. You can look out for… Your accessibility to them and their responsiveness to you. How passionate and competent they could be in handling your case. Their ability to explain the entire process of handling the case. Their transparency in explaining terms and conditions, including charges in a clear manner. Will give you only realistic guarantees with your case, explaining very clearly what your chances of winning the case are. Proactive in your case and attends to all your questions and needs. In any car accident case , you need an attorney who hears you out, rather than you having to hear them out. 2. Look out for what you need to avoid. On the contrary, there are certain things that should caution you to stay away from an attorney who exhibits any of the below mentioned behavioral traits. Promises unusual and unrealistic guarantees with your case, especially when it comes to compensation. Fails to return your calls and is never found to be around when you really need them. Paying court bills are ignored. Being aggressive unnecessarily. Neither updates you with valuable case proceedings nor let you in on any necessary information. Your attorney should always keep your best interest in mind. They should be someone who acknowledges your needs and attends to you whenever required 3. Always choose a local attorney. Only local attorneys would understand your local environment and jurisdiction the most. They are the ones who will be more experienced handling individual local cases. They would know best on how to steer around your state court’s system. 4. Do attorney background checks and observe them at work You need to study your attorney before even deciding to meet one. Fortunately, files and records of all attorneys can be found at State Bar Associations . What you can do here is to check if there has been any petition filed against an attorney that you have in mind, thereby helping you to decide whether it’s a good idea or not to hire them. To learn more, what you can do is go to a courthouse. All courthouses are public places, and you can actually go in there to observe how your attorney would handle cases that are similar to yours. 5. Interview, Decide, and Hire Before you schedule a meeting with your attorney, be prepared with a list of quick questions that you’d like to ask them. Their responses will help you to decide on making the right move by hiring the right attorney. You can come up with questions like What areas do you specialize in? How long do you think my case is going to take? Would you be working on my case or is it going to be someone else? May I have your cell phone number if I have a question during my case? What are your terms and conditions? Once you’re done with the interview, you can take some time to decide. Follow up with any other questions that you may have, feel comfortable with your candidate, the terms and conditions, the fee structure, and possibly anything else. Once you’re through with all of the above, you’ll have confidence in hiring an attorney that will be right for your case. Extra Tips At any given point, if you feel that the Attorney that you chose is not doing their job and not meeting their expectations, don’t hesitate to fire them. While this might be time consuming for you to go through the whole process of hiring an attorney all over again, it might pay off in the long run. When in doubt, always ask
A car with the hood open is parked in a parking lot.
October 31, 2024
If you have been involved in a car accident, you might be wondering how to win your case. Be sure to know the right actions and avoid the mistakes you could make after the car accident. Keep in mind that there are different factors to consider to maintain your claim value. First off, finding the right car accident attorney in Pinellas County can help your case. But you must know the crucial mistakes that must be avoided at all costs. A car collision case is expensive for you, so make sure to know these errors and how to prevent them. Errors To Avoid Following A Car Collision: Not having any legal advice from a lawyer As soon as possible, you have to seek help from a lawyer . Most people who are involved in a car collision might be shocked by what just happened. But make sure to get help from a good lawyer right away. Always remember that your insurance company is likewise looking out for their best interest. You must have someone backing you up. The damages you acquired, as well as those of your car, must be fully covered. To do that, a car accident lawyer can provide assistance. He can communicate with your insurance company and come up with a settlement that is both beneficial for you and the insurance company. Not having a police report Another mistake that you might commit is not having any police report. A police statement is vital if you want to build a strong case. It provides details on how the accident happened, and it gives the opposing party no chance of changing their statement. In other words, the truth matters in cases such as car accidents. You failed to have medical attention Health is important. Even if you didn’t acquire any significant injuries from the accident, it is still imperative to be checked by a doctor. This ensures that you don’t have any serious injuries following the car accident. Most of the time, the victims of a car accident might think that they don’t have any injuries. But in reality, they are suffering from injuries. Furthermore, documentation from your doctor proving that you have acquired injuries is important so that the other party cannot make up stories against you. Not having any pictures of the place where the accident took place You are going to have a hard time proving that you sustain injuries and car damages if you don’t have any pictures to prove them. Take photos of the accident scene, as this will help the investigation. Eventually, it will lead to what has really happened. Contacting your insurance company first without talking to a lawyer. You must not give any statement to your insurance company without contacting your lawyer first. The lawyer must be the first person to know about your statement. If you failed to do so, the statement can be used against you. It will severely hurt your case. Make sure that your attorney is the only one who deals with your current situation. Not taking into account the information by witnesses If there are eyewitnesses at the accident scene, you have to talk to them. Reach out to the witnesses because they can provide information that can help back up your case. This can prove that the driver at fault was really at fault. It is easy to disprove your claim that the opposing driver was at fault during the accident if you don’t have enough evidence. You must prevent this from happening to you. Not keeping in touch with your attorney about the latest developments If you hire the right car accident lawyer in Pinellas County, your case will be handled successfully. However, you must discuss the latest developments about your case. Remember that your attorney specializes in this case, so he has the right to know every bit of information about it. Preserving the value of your case is important. Avoiding these mistakes after a car accident will tremendously help you. Finding the right car accident or personal injury lawyer in Pinellas County helps you have better chances of gaining a good settlement for the injuries that you acquired and for the car damages.
A yellow and black warning sign on a wooden pole.
October 31, 2024
Slip and Fall accidents are common but treated very differently than vehicle accidents. Report your fall immediately to the negligent party. Insist that you receive a person’s name and contact information so that you may follow-up with them at a future date. Cases that are brought to our attention immediately will more likely be successful because of Florida’s strict requirements. Remember to keep the article of clothing or footwear preserved if the substance that you slipped on is still there. Call us now. 
A man is giving a piece of paper to a woman.
October 31, 2024
Yes. If your insurance company does not pay your medical bills or lost wages properly, you can sue them. If they refuse or pay an amount less than what is provided for by your Personal Injury Protection (PIP) benefits, benefits required to be paid by law, they can be liable. Insurance companies find creative ways to deny payment. Secondly, insurance companies may deny payment of your Uninsured/Underinsured Motorist Coverage. This is the coverage that you may have purchased to protect you against other drivers that fail to carry adequate injury/liability coverage. It is an optional coverage, but I encourage everyone to ask their insurance agent for a quote, its great protection. Suing your insurance company is a common remedy an injured person has when an insurance company does not pay all of your Personal Injury Protection PIP benefits, denies your claim due to a Compulsory Medical Examination (CME) cutoff, or when the UM/UIM coverage fails to adequately cover your claim. By simply hiring an attorney at the beginning of your case, you can avoid some of these pitfalls.
A man is handing a piece of paper to a woman.
October 31, 2024
Someone has accused you of breaching a contract or you made a deal and did not do what you were supposed to. These are some of the claims made or threatened to be made, against you. What do you do? First and foremost, you need to obtain a legible copy of the entire contract, including all amendments, revisions, attachments and exhibits to the contract. If the contract refers to another document or states that another document is incorporated by reference, try to obtain this document, too. It is almost impossible to determine whether you breached a contract without seeing it. Relying upon your memory or someone else’s opinion of the contract is a big risk. Second, you need to read the entire contract, set it down for a few hours, read it again, and, then, draft notes regarding your questions, concerns or confusion. In fact, you may certainly repeat this process a few times. Third, contact a business, commercial or contract attorney to discuss the situation. It is in your best interest to contact an attorney who practices in this area of law. A criminal defense or divorce attorney may not have the experience you require. If possible, set an in-person meeting with the attorney and bring the contract and all related documents to the meeting. Otherwise, if the conference will be over the telephone, fax or e-mail the contract and all related documents to the attorney. Like you, the attorney can’t determine much, if anything, without the paperwork. Fourth, during your discussion with the attorney, be completely honest, share the notes you made regarding the contract (see # 2 above), tell him or her the history of the dispute, including the names of all persons involved in the negotiation and preparation of the contract and all conversations related to the contract and its formation, describe how many times it was revised before it was signed, explain any pressure you felt to sign it, describe your concerns, ask about your options and legal defenses (which means being prepared to admit fault, in whole or part, if necessary) and, importantly, inform the attorney of all documents that are missing such as an amendment or attachment. What is missing may be as important as the documents in your possession. Basically, provide as much information as possible to the attorney. The attorney’s advice is based upon your information and his or her experience in this area. Fifth, with the advice of counsel, and depending upon whether a lawsuit has been served upon you, determine a realistic strategy with options for responding to the claims. Do you admit fault and try to settle as quick as possible? Do you admit some degree of fault but contest the remainder? Do you make an attempt at mediation (formal or in-formal)? Do you stand your ground, deny the claims and possibly file a Motion to Dismiss or a Counterclaim? This is a broad picture of responsive options and is far from exhaustive. You also need to determine your tolerance of risk and realize that litigation could take years before a trial occurs. As you can guess, litigation can be expensive and, if you are on the defense side of a lawsuit (and without a Counterclaim), the attorney probably can’t take your case on a contingency because there is no possibility of recovering money damages from the Plaintiff when a Defendant wins. Generally, when the Defendant wins, the Defendant does not have to pay the Plaintiff; nothing more; nothing less. However, if your contract has a provision stating that the prevailing party is entitled to attorney’s fees from the losing party, this factor may work to your advantage. So, you have been sued for breach of contract and you have a lot to consider. If you follow these suggestions, the process will be less frustrating and confusing and you will be able to make an informed decision regarding your defense.
A man is holding his neck in pain.
October 31, 2024
Since 2013, significant changes have been made to your personal injury protection coverage (PIP). You are still required to carry the coverage, but the changes will restrict your ability to seek and obtain medical care after an accident. New Time Limits in Seeking Treatment Unlike the previous law, which provided for no particular time limit to seek treatment following an accident, the new law gives you only 14 days to seek treatment. If you do not see a doctor during that timeframe, you will lose the ability to use your PIP coverage for any necessary treatment. That makes it critical to consult with your doctor and our law firm promptly if you are injured in any way. Changes in Coverage and Treatment Options While you will continue to be required to carry and pay insurance premiums for a full $10,000 of PIP coverage, in certain situations you may only be entitled up to a $2,500 reduced benefit. The new law requires you have a determination of an “emergency medical condition” to access your full $10,000 benefit. It also restricts who is allowed to make that determination, possibly discriminating against your own doctor! Surprisingly, the law no longer requires your insurance company to pay for massage therapy and acupuncture. This law is being challenged and we will update you soon. What to Do if Your Insurance Company Stops Payment At $2,500 Hopefully, you avoided this situation by talking with your doctor and consulting with our office. If not, and your insurance company is denying further PIP coverage, we may be able to take legal action on your behalf. We would certainly help you with obtaining medical treatment that would be covered by insurance so that your injuries may be promptly addressed. Impact to Your Insurance Premiums While the Legislature’s stated goal of these benefit reductions is to attack fraud and reduce costs, (as it is the excuse with almost every attempt to change the laws in favor the insurance company), there is no requirement in the new law to reduce your rates! Insurance companies were asked to consider a 10% reduction in premiums by late 2012, but most chose not to comply. Be careful and shop around, we are actually seeing insurance rates rise since the law went into effect even though this law can reduce your PIP benefits by 75%! The excuse, costs and fraud are still on the rise…sound familiar? What You Can Do For more information or complaints visit The Florida Office of Insurance Regulation’s website. To file a complaint online got to https:apps.fldfs.com/eservice To voice your concerns to your elected representative in the Florida Legislature go to http://www.flsenate.gov/Senators/Find to determine who represents you in both the House and Senate in Tallahassee You can even contact Governor De Santis at 850-488-7146. Source: www.nofaultinfo.com and Florida Statute §627.736.
A woman is holding onto a yellow railing on a bus.
October 31, 2024
Most buses are video recording everything inside and out of the bus you were traveling in. Call us immediately so that we may secure those recordings and determine if the bus driver or another vehicle caused the accident. Recordings not only document the vehicles, they document what happened to your body on impact, evidence that is very persuasive when negotiating or litigating your case.
A woman is sitting in the back seat of a car looking at her phone.
October 31, 2024
Even if it is a friend or family member driving the vehicle you were a passenger in, call an attorney for advice. Most insurance companies coordinate benefits based on Florida law. What each policy covers, or doesn’t cover, must be determined early. Don’t lose out on valuable benefits.
A person is holding a bunch of money next to a wallet.
October 31, 2024
This is the most common question I get here at Della Costa & Neville. Although we handle very large cases, every case is different. Many factors determine a case’s value. Here are a few examples: How badly were you injured? How bad was the accident? Was EMS or a hospital involved? How much are your medical bills? A jury may use all of these factors in their decision. More importantly, when it comes to case value, it is you. When you are honest and straightforward regarding your injuries and damages,you add value to your case.
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