PERSONAL INJURY LAWYER

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Personal Injury LAW

When you experience a serious and traumatic personal injury or loss due to someone’s negligence, it’s important to have the right team on your side. If you or someone you love is a victim of medical malpractice, a car accident, fall, or product defect, choosing the right personal injury attorney could be one of the most important decisions of your life.

Gould Cooksey Fennell has more than 65 years of experience fighting for those who are seriously injured by the negligence of others. Having a local Vero Beach personal injury attorney with the right experience on your side is crucial to take on the insurance companies and other large corporations that don’t have your best interests at heart.

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Notable PERSONAL INJURY Settlements and Verdicts

A 52 year old man arrived at a hospital ER with a UTI, resulting in negligent, non-emergency intubation that caused the catastrophic anoxic brain injury leading to his death. After a trial involving complex medical and technical issues relating to critical care medicine, infectious disease, hospital administration, and electronic medical record systems, the family obtained a wrongful death settlement of $31.9 million.

Trial arising from failure to diagnosis colon perforation after a laparoscopic hysterectomy surgery causing permanent injury to the Plaintiff. After a three week trial a Martin County jury rejected the Defendants’ position finding the hospital 70% responsible for Mrs. Moore’s damages and the physician 30% responsible. The award included just over $600,000 for past medical expenses, $370,000 in future medical care, and non-economic damages of almost $2 million.

A Brevard County Jury awarded Plaintiff $6.4M against Defendant State Farm, following an accident that resulted in numerous catastrophic orthopedic injuries, including a below knee amputation of the Plaintiff’s left leg.

Plaintiff was operating a small motorcycle/scooter when a 91 year old man turned left in front of him hitting him essentially head on. As a result of the collision, the Plaintiff sustained catastrophic injuries to his lower body, including snapped femurs and fractures to the spine and pelvis. After a two week trial the Indian River County jury returned an award totaling $9.381 million.

Plaintiff was driving his tractor trailer on a single lane highway when hit head on by the defendant negligently operating his semi-truck. As a direct result the plaintiff suffered bodily injury and continuing pain and suffering. Circuit court 19 awarded plaintiff damages in the amount of $2,899,898.60.

Pedestrian was struck and killed crossing the street in Hillsborough County, Florida.

Personal Injury Practice Areas

Personal injury accidents can happen anywhere, from a highway intersection to the operating room. Unfortunately, most personal injury accidents are entirely preventable. Often, personal injury accidents happen because another person or business acted with negligence or wrongdoing. In a personal injury accident, the liable party could be an individual, a company, or even a government entity, such as a city or county. The personal injury group at Gould Cooksey Fennell have extensive experience representing clients in a wide variety of personal injury cases, including the following.

MEDICAL
MALPRACTICE

Unfortunately, every year, thousands of Americans become injured and die in medical malpractice accidents. With all the complexities that can be involved in such a serious injury, it’s very important to have any type of injury claim reviewed by a team of expert personal injury attorneys.

CAR
ACCIDENTS

Every day, Florida residents are injured in auto accidents due to another driver’s negligent driving. Whether you are a driver, passenger, bicyclist, or pedestrian who has been injured in a collision, you may be entitled to compensation for your injuries.

MOTORCYCLE
ACCIDENTS

Getting into a motorcycle accident is a terrifying experience and every rider’s worst nightmare. When you’re facing such an emotionally taxing situation, it’s essential to have a knowledgeable motorcycle accident attorney on your side.

TRUCKING
ACCIDENTS

While people will often lump the two together, car accidents and truck accidents are two very different stories in the eyes of the law. Before you set out to hire a truck accident attorney, it’s important to be informed and learn a little bit about the legal basics.

WRONGFUL
DEATH

In some cases, the victims of personal injury lawsuits never recover, and they pass away from their injuries. Under Florida law, the surviving family members of a personal injury accident victim who passed away can bring a wrongful death lawsuit.

TRAUMATIC
BRAIN INJURY

Traumatic brain injury victims need a lawyer who will vigilantly manage all aspects of their case. With all the complexities that can be involved in such a serious injury, it’s very important to have any type of injury claim reviewed by a team of expert personal injury attorneys.

PREMISES
LIABILITY

Under Florida law, property owners owe their visitors and guests a duty to keep their premises reasonably safe and free from dangerous conditions.If you or a loved one were injured as a result of someone’s failure to comply with this requirement, you might be able to hold the property owner liable for your injuries.

PRODUCT
LIABILITY

Product liability cases involve dangerous or defective products that cause consumers to suffer injuries. Injured victims can bring a lawsuit against the manufacturer, distributor, or retailer of a defective product. Product liability lawsuits, can include design defects, manufacturing defects, and failure to warn about product dangers.

Need a personal injury attorney in Vero Beach? We’re here to help.

If you or a loved one has been injured in a car accident, a fall, by a defective product, or as a result of medical malpractice, choosing the right personal injury or medical malpractice lawyer could be one of the most important decisions of your life. While there are countless billboards and television commercials advertising Florida personal injury attorneys, most of those advertisers are not from Indian River County. Having a personal injury attorney who understands our community can afford you tremendous advantages when bringing a case here in Indian River County.
Front of Gould Cooksey Fennell Office in Vero Beach Florida

Why Choose Our Personal Injury Lawyers for Legal Representation?

Since 1955, Gould Cooksey Fennell has been in Vero Beach fighting for the proposition that the court system is here to protect everyone, not just the rich and powerful. Our team of medical malpractice and personal injury attorneys will fight to protect your rights. We go to trial on behalf of clients in Indian River County every year. And we work tirelessly to assure justice for each and every client. Car insurance companies, other liability insurance companies, and large corporations have vast resources available to protect their interests. It’s our mission to make sure every citizen has access to that same level of professionalism, preparation, and dedication. With our resources and our team of experienced trial lawyers, we work hard to level the playing field and earn you the best possible outcome in your personal injury or wrongful death case.

Experienced & Responsive Personal Injury Attorneys

A personal injury lawyer will take on the responsibility of negotiating with the insurance company and holding them accountable. Instead of receiving many phone calls from insurance adjusters and feeling pressure to settle your case for a low amount, we can handle the process so you can recover what you deserve.

Financial Resources and Professional Networking

Gould Cooksey Fennell has the necessary financial resources and professional network to investigate your case thoroughly. Personal injury cases are heavily dependent on depositions and evidence. We will interview witnesses, obtain any available video footage, and work with our team of investigators to get to the bottom of what happened in your accident. After we gather evidence that the defendant was at fault for your injuries, we will begin the process of negotiating with the defendant and their insurance company.

We Don’t Stop Until You Are Satisfied

Many personal injury lawsuits settle out of court, but if we cannot negotiate a beneficial settlement amount, we will take your case to court. Our trial-ready litigators have extensive experience in the area of personal injury law. We have a proven track record of success in settlements and verdicts.

Proving Negligence in a Personal Liability Lawsuit

The investigation stage is critical because it allows your attorney to gather evidence of the defendant’s negligence. As a personal injury plaintiff, you will need to prove that the defendant was at fault and caused your injury. Specifically, you will need to prove that the defendant acted negligently to obtain compensation. Defendants are negligent when they fail to use reasonable care under the circumstances. For example, when a driver texts while driving, he or she is engaged in negligent behavior. Our team knows how to investigate cases to gather evidence proving that the defendant’s negligence caused the accident that resulted in your injuries.

Damages In Personal Injury Lawsuits

Plaintiffs are entitled to two types of damages: economic damages, and non-economic damages. Economic damages, also called special damages, include the actual cost of medical treatment, future medical expenses, current and future lost earnings, property damage, and other out-of-pocket expenses. Plaintiffs are also entitled to non-economic damages, also called general damages. General damages include emotional distress, pain and suffering, loss of consortium, and loss of enjoyment of life. In some cases, plaintiffs may be allowed to claim punitive damages.

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FREQUENTLY ASKED QUESTIONS

Gould Cooksey Fennell has adopted the Contingency Fee Contract approved by the Florida Bar. We do not collect a fee unless we make a recovery on your case. It is free to have one of our attorneys meet with you to review your personal injury case.
It is best to speak with an attorney before you speak with the at-fault driver’s insurance company. Calls with the insurance company are often recorded. Victims of negligence may unknowingly cause harm to their case by saying something that is later taken out of context. Once you speak with an experienced personal injury attorney, your lawyer will advise you how to handle future calls.
There is no formula to determine exactly how much a case is worth. The value depends on the severity of your injuries, the details of the case, insurance limits, and the defendant’s identity. A personal injury jury verdict is determined by factoring in the total cost of medical expenses, future medical care needs, lost wages, loss of future earning capacity, and pain and suffering. Our experienced litigators will review your claim with you and discuss potential recovery based on the factors in your case.
Because each case is unique, it is difficult to determine how long it will take to resolve a personal injury lawsuit. A personal injury lawsuit may settle in a few months without the need for a trial, while others, particularly cases that go to trial, can take several years to complete.
Insurance plays a role in virtually every personal injury lawsuit. Though not required, in Florida, most responsible drivers will carry bodily injury insurance (BI). BI insurance covers claims of the at-fault individual or company as well as the owner of the at-fault vehicle, and pays for the medical bills and pain and suffering of the injured party. While most lawsuits seek monetary damages that will be paid by the at-fault party’s insurance company, a lawsuit generally does not name the insurance company as a defendant. However, the insurance company hires and pays the lawyer representing the at-fault party. Many people wisely purchase additional protection in the event that a negligent driver has limited or no insurance coverage at all. This form of protection is called uninsured and underinsured motorist insurance (UM). UM insurance coverage will help compensate an injured party if the at-fault party’s BI coverage is insufficient.
Whether to bring a personal injury claim depends on many factors, including the injury suffered. Sometimes the severity of an injury is obvious, but often an injured person will not know the extent of an injury and the limitations it causes until much later. That is one reason it is important to consult with an attorney before speaking with your insurance company if you have suffered injuries due to the negligence of another.
Damages differ somewhat depending on the type of claim. Generally, a person who suffers injuries due to the negligence of another can seek economic damages and non-economic damages. Economic damages include past medical bills, future medical expenses, lost income, lost capacity to earn income, and property damage. Non-economic damages include pain and suffering, loss of the capacity for the enjoyment of life, mental anguish, disfigurement, physical impairment, and inconvenience.

There are several factors that contribute to your timeline for bringing a claim. It can depend on the state where the injury occurred, the state of residency, the type of claim you are bringing, and the person you may bring that claim against. In Florida, a typical negligence claim must be brought within two years. Regardless of the Statue of Limitations, preparing a lawsuit takes time and you should seek representation as soon as you can after an injury. You should not wait until you think the Statute of Limitations is near.
Watch our video on Statute of Limitations for Lawsuits in Florida

The person or business that’s liable for the injury may ultimately be responsible for your medical bills. However, in a typical personal injury accident you are responsible for paying your bills until a favorable verdict or settlement is reached. There are some, limited exceptions involving Personal Injury Protection (PIP) insurance and workers’ compensation. Both of these types of claims often work in tandem with a traditional personal injury claim.

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SPEAK WITH A PERSONAL INJURY & WRONGFUL DEATH LAW PROFESSIONAL

If you or your loved one have been injured in Florida, you need an experienced lawyer on your side. Our personal injury lawyers are prepared to help you with your personal injury case by investigating and developing a compelling legal strategy.

We represent clients throughout Indian River, St. Lucie, Brevard and Martin Counties, including the cities of Vero Beach, Fort Pierce, Port St. Lucie, Stuart, Sebastian, Fellsmere, Palm Bay, and Melbourne.

We offer all of our clients a free initial consultation so they can ask us questions, learn more about our law firm, and learn about their legal options. Contact us today to schedule your free initial consultation.

Our Personal Injury & Wrongful Death Attorneys

WHY CHOOSE US

OVER 65 YRS OF LEGAL EXPERTISE

$150M+

Recent Personal Injury Verdicts & Settlements

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