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Posts Tagged "vacation"

Injured On Vacation In Florida? Your Case’s Value Might Surprise You…

Posted by on Nov 12, 2014 in Theme Park Accidents, Types of Accidents, Uncategorized

Injured On Vacation In Florida?  Your Case’s Value Might Surprise You…

We are fortunate enough to frequently be asked to represent travelers who have been injured in accident while here in Central Florida on vacation, or on business. One of the more frustrating aspects of representing people from outside of Florida is the difference of opinion that often arises regarding the value of a personal injury case here in Central Florida.  Many people who vacation here from other parts of the United States, or even other parts of the world, seem to think that injuries that occur due to accidents in Florida automatically generate large amounts of money.  Many people have the mistaken belief that just because they have been injured at one of the large theme parks or resort properties, that a large check will soon be forthcoming.  Similarly, many people think that Florida juries are more likely than most to render large jury verdicts in favor of those injured on holiday. Having been a personal injury lawyer practicing law in Central Florida for more than the past 20 years, I am surprised at the inflated value that many visitors seem to place on their Florida personal injury cases.  I am not really sure how these people come up with their personal injury case valuations.  After all, most of them have never handled a personal injury case before — and particularly not one here in Central Florida.  Nevertheless, we seem to be constantly tempering the expectations of these, admittedly, injured people. The problem is not that our firm does not want to help these people receive compensation.  The problem is that there are certain realities in the legal and civic landscape here in Central Florida that make it challenging to deliver a favorable result for an injured tourist  (uncooperative defendants, conservative juries, defendants have strong local influence, etc.).  These factors do not necessarily exist in other places in the United States or the world.  After all, Florida is not New York — no matter how much some might hope. Despite these challenges, we always guarantee our clients two things:  (1) we will always give an honest and objection appraisal of a personal injury claim, and (2) we will always fight hard for our clients  — even the New Yorkers (and perhaps, especially, the New Yorkers.) If you have been involved in an accident here in Florida while on vacation or here on business, please call Winter Park personal injury lawyers Kim Cullen and Robert Hemphill at 407-254-4901.  We are always available to answer your questions, and we handle cases across Florida.  Consultations are always...

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Could Texas Roller Coaster Tragedy Happen At A Florida Theme Park?

Posted by on Jul 22, 2013 in Theme Park Accidents, Uncategorized

Could Texas Roller Coaster Tragedy Happen At A Florida Theme Park?

A Texas mother was tragically killed last Friday night when she fell over 150 feet from the Texas Giant roller coaster at the Six Flags Over Texas amusement park. As a Florida theme park accident attorney I cannot help but wonder, “Could this kind of thing happen here in one of Central Florida’s theme parks?” Unfortunately, I think the answer is, “Yes.” Eyewitnesses told television reports that the victim simply flew out of her seat during the roller coaster’s first turn. Apparently, one witness told the Dallas Morning News that she overheard the victim complaining to a ride operator before her car left the loading zone that her restraint didn’t feel like it was holding her correctly. Reportedly, the ride attendant brushed the lady off, and assured her that everything was going to be fine. Obviously, everything was not fine. As amusement ride expert, Ken Martin, points out in this video, there is no national safety standard or regulation when it comes to amusement rides At least in Texas the state’s Department of Insurance inspects rides for safety. In Florida, our largest theme parks are exempt from inspection rules. No state officials are allowed to inspect the rides at Walt Disney World or Universal Studios Florida. It goes without saying that no ride like a roller coaster should be allowed to proceed if there is any doubt that a ride restraint is working properly. I would only have taken the ride attendant a moment to walk over and address the victim’s concern. Because this simple action was not taken, a family is grieving in Texas. If you have questions regarding a Florida theme park accident, please call Winter Park wrongful death attorneys Kim Cullen and Robert Hemphill at...

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Why The Delay In Arresting Drunk Driver Who Killed Scot On Holiday?

Posted by on Feb 13, 2013 in Motor vehicle accidents

I was so pleased to read in the Orlando Sentinel that a Scots family may soon be receiving some justice following an accident that killed Peter Doherty, and injured his wife, Isobel. I originally blogged about this automobile versus pedestrian accident back in September 2012. At that time, all we knew was that Mr. and Mrs. Doherty were sitting at a bus stop near the Mall at Millenia when a car jumped the curb and hit them. They were on holiday from their home in Scotland. Apparently, the Orlando Police just made an arrest today, when they took David Lee into custody. Mr. Lee was obviously grossly negligent in the operation of his car. First, he failed to control his car, causing it to jump the curb. Second, he was going 52 mph in a 35 mph zone. Finally (and worse), Mr. Lee had a .115 blood alcohol – clearly in excess of the legal limit and clearly impaired. Mr. Lee has now been charged with DUI manslaughter – a very, very serious felony charge that carries with it some lengthy jail time. While I’m pleased for the Doherty family that their patriarch’s killer had been brought to justice, I am left to wonder why it took six months for law enforcement to move on this case. It seems clear that Mr. Lee’s blood was collected at the scene, or shortly after. It does not take six months to test blood. The officer at the scene also indicated that he observed several indicia of intoxication in Mr. Lee. I’ve never prosecuted a criminal case, but this one seems fairly straightforward. As an Orlando auto accident attorney, this one seems fairly straightforward from a civil perspective, too. Mrs. Doherty deserves to be compensated for her injuries, and for the wrongful death of her husband. I am hopeful that David Lee carried plenty of bodily injury liability coverage. Hopefully they also purchased some kind of travel accident insurance, as well. Money obviously cannot replace the loss of a loved one, but it can help with replacing lost income or replacement services. There are also pain and suffering damages that are, admittedly, difficult to determine. In working with Scots citizens, and other vacationers from the United Kingdom  currently and in the past, we have come to understand how different and foreign our legal system can seem – despite the fact that we share roots in the very same common law. When you are in a situation like that, sometimes it helps just to have your questions answered. Our thoughts and prayers go out to the Doherty...

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