- MELBOURNE INJURY ATTORNEYS
- MELBOURNE INJURY ATTORNEYS
Melbourne
Personal Injury Lawyer
Compassionate, experienced accident attorney near you
Being injured in an accident can have a devastating effect on a person’s life. In addition to enduring emotional stress and physical pain, more severe accidents may require the injured party to undergo months or even years of expensive medical treatment. Recovery time and medical visits typically lead to a significant amount of time away from work, which translates to a loss of income.
Obtaining compensation for injuries suffered in an accident in Melbourne or Titusville often is not a straightforward process. In some instances, the injured party is required by law to file an insurance claim. Other times, victims or their families might file a claim in court against the party who is responsible for causing the accident and resulting injury. Because of the many important factors that are usually involved in personal injury cases, individuals who have suffered as a result of someone else’s negligence should immediately seek the guidance and professional assistance of an experienced Melbourne personal injury lawyer.
At Couture Law P.A., we’ve handled many cases similar to yours, and we are prepared to fight hard to help you recover the compensation you deserve and ensure that justice is served. Our injury attorneys understand the pain and frustration you are experiencing as the victim of another person’s negligent behavior, and we are committed to making the legal process as easy as possible so that you can concentrate on healing.
Our Experts Get Results
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BIKE ACCIDENT
$2.5 MILLION RECOVERY: MOTORCYCLE ACCIDENT
Our client was taking a leisurely ride on his motorcycle. He was travelling at 35 MPH, the speed limit in that area. All of a sudden and unexpectedly, a motor vehicle pulled out directly into his path, violating his right of way, and causing the front of his motorcycle to collide with the front right quarter panel of the motor vehicle. Our client was ejected from his bike, and died at the scene moments later.
Attorney Brent Couture reached out the this insurance company to see if they would do the right thing given the obvious negligence on their insured and the unimaginable damages. However, their first reaction was to insinuate that our client was likely speeding and thereby caused or contributed to his own death.
We were successful in finding a witness who was directly behind our client and could attest to the fact that our client was traveling at or below the speed limit and driving in a safe and reasonable manor. Our crash team pulled the data from the motorcycle and from the onboard computer inside the defendant’s vehicle. From this data, we were able to prove that the defendant’s vehicle pulled into the path of our client, giving our client no time to react or avoid the collision. After we presented the insurance company with our findings, they tendered the insurance policy limits of $2.5 Million (combined).
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AUTO ACCIDENT
CAR ACCIDENT WITH LUMBAR FUSION SURGERY
Defendant turned left in front of our client giving him no time to stop or avoid the crash. This resulted in a T-Bone impact which rendered both vehicles a total loss. Our client required a Spinal Fusion Surgery.
The at-fault driver carried a $100,000 bodily injury insurance policy and our client carried an additional $10,000 under-insured motorist policy.
The other party’s insurer only offered $11,000. Our client’s offered $0.
Couture Law P.A. was successful in getting the other party’s insurance company to pay $175,000 more than their policy limits for a total of $275,000.
After a jury trial, Couture Law P.A. obtained a verdict in the amount of $1,045,000 – more than 100 times their insurance policy limits of $10k.
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REAR-END CRASH
(FIRED TV LAWYER): REAR-END CRASH DEATH
Client was represented by a famous TV Lawyer for this minor rear-end crash. TV Lawyer tried to pressure him to settle his case for about $6,000. The client did not think this was fair, and called Couture Law P.A. Attorney Brent Couture visited him at his home and discussed the case with him and his family. Mr. Couture agreed that his case was worth much more than the TV Lawyer had suggested. The client then fired the TV Lawyer and hired Couture Law P.A. to take over the case at no additional cost.The insurance company argued that the injuries could not have been caused by such a minor impact, and that our client had a long history of injuries to the same or similar body parts. Couture Law P.A. argued The Eggshell Plaintiff Doctrine: “plaintiffs are entitled to recover full compensation for all damage proximately resulting from the defendant’s negligence, even though their injuries are more serious than they would otherwise have been because of pre-existing physical or nervous conditions.”
Couture Law P.A. was able to bring this case to resolution for $125,000; more than 20 Times what the TV Lawyer tried to pressure him to accept.
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CAR ACCIDENT
$300,000 SETTLEMENT: INTERSECTION COLLISION
Client was represented by another Local Injury Attorney who tried to settle her case for less than $25,000. Client did not think this was fair, and called Couture Law P.A. for a FREE Consultation. She met with Attorney Brent Couture to discuss the details for her case. Mr. Couture agreed that her case was worth much more than the other Local Attorney had suggested they settle for. The client then fired the other attorney and hired Couture Law P.A. to take over the case at no additional cost.The driver of a Chevy pick-up truck ran a red light at approximately 35 MPH and impacted a Honda Accord which was traveling through the intersection on a green light. The Accord spun counterclockwise and was propelled into our client head-on. Our client’s vehicle was rendered a total loss. Our client suffered permanent injuries to her neck and low back as a direct result of this motor vehicle crash. Surgery of the cervical spine was eventually required. The insurance company argued that our client had significant gaps in her treatment after the crash, which they believed proved that the treatment she had undergone was not related to the crash and was thus not compensable. Couture Law P.A. was able to resolve this case for $300,000.
Choosing the right attorney
Confronted by a seemingly vast sea of lawyers, accident victims sometimes feel overwhelmed when attempting to decide which lawyer is best suited to handle their case. What can you expect? As a general rule, those who seek legal counsel should expect to receive a free consultation upon contacting a law office. During the consultation, the attorney or a staff member will ask a number of standard questions common to all injury law cases, in the interest of learning more about the individual’s injury and the circumstances under which the accident took place. Interactions with the lawyer and law firm staff should be compassionate, courteous and confidential. After listening intently and deriving an idea of what took place on the day of the accident, the attorney advises the injured person regarding whether he or she is likely entitled to compensation, and the discussion of plausible courses of action begins. A knowledgeable personal injury attorney will be familiar with the local laws and the appropriate procedures for filing a claim in court, as well as communicating directly with the insurance company in applicable cases. Clients usually find that there are numerous advantages to choosing an attorney who is experienced in negotiating with insurance companies in addition to being familiar with local court personnel. A client should expect his or her attorney to communicate important details of the case regularly and to ensure that all documents are filed appropriately and on time. An injury lawyer should always explain how the contingency fees process works. Before meeting with any attorney, always check to make sure that the lawyer “is in good standing” with the Florida Bar. Being in good standing means that the lawyer is not “retired, resigned, delinquent, inactive or suspended.”Core Areas of Specialty
Tara C. Couture
Brent A. Couture
Marianne Carter
Janice Driscoll
Megan Harper
Elements of a Florida injury case
In Florida, there are three major components that comprise a valid claim for damages in a personal injury lawsuit:- First, the party who is alleged to be responsible for causing the injury is required to have had a legal duty to not cause harm to the plaintiff, and he or she must have failed to meet the obligations of the duty by committing a harmful act.
- Second, the plaintiff must prove the harmful act led to his or her injury.
- Third, the plaintiff must establish that he or she suffered damages such as medical expenses, lost wages, or permanent disability as a result of the injury.
An exception for car accidents
Melbourne auto accident lawyers will tell you that Under Florida law, car accidents are governed by different rules than other personal injury cases. Florida is a no-fault state; therefore, all Melbourne drivers are required to maintain valid auto insurance that includes personal injury protection. When accidents occur, each driver is required to utilize insurance coverage to pay for his or her own injuries up to $10,000. However, injured parties may file suit and receive additional compensation if their injuries are determined to be severe or if the injury has resulted in disfigurement, permanent injury or death.Wrongful death lawsuits
In instances where a person was killed — like a drowning accident — the victim’s family members may bring an action in criminal court. The decedent’s spouse, parents, children, and/or any sibling or adopted relative who is wholly or partially dependent on the decedent for support and services may seek to sue. In Florida, if a child is born to unmarried parents, he or she may recover damages in a wrongful death action. in which the mother is the decedent. However, the child may only receive wrongful death damages for his or her father if the father has formally recognized the child and was obliged to provide support. The lawsuit must be filed by the representative of the decedent’s estate, though additional family members may be listed as individuals who have an interest in the case. The representative may be named in the will, or the court may otherwise appoint a representative.Types of damages
In a personal injury lawsuit, the amount of compensation the plaintiff may receive is determined by the other party’s percentage of fault in the accident. In Florida, if the defendant is more than 10 percent at fault, he or she may be ordered by a judge to pay for a portion of the plaintiff’s economic losses. Examples of losses a defendant may be required to compensate include:
- past medical expenses
- future medical expenses
- property damage
- emotional distress
- disfigurement
- disability
- losses that affect ability to work
- losses that affect ability to perform daily tasks
An established Melbourne injury attorney can help accident victims receive the compensation they deserve by assisting with ensuring the above listed losses are properly documented, submitted, and presented as required by Brevard County courts.
A few kind words from satisfied clients
How much does a personal injury attorney cost?
At Couture Law P.A. in Melbourne, you won’t pay a penny unless our personal injury lawyers prevail at trial, or procure a settlement on your behalf. This arrangement is commonly referred to as payment “on a contingency basis.” Suffice to say, we’ll help you fight for every dollar for your pain and suffering.
How much time do I have to file an injury lawsuit?
The period of time from the date of the accident until you no longer can file a claim is known as the “statute of limitations.” In Florida, the amount of time in which statutes expire varies by case type. The statute of limitations for most injury cases is four (4) years. For medical malpractice and wrongful death cases, it’s two (2) years. Always err on the side of caution by consulting with your Melbourne personal injury attorney.
Do I have a case?
Because no two cases are alike, Melbourne injury attorneys should gather and analyze all of the facts regarding your case before addressing this question. After tracking down and speaking with witnesses, we’ll give you a fair, honest assessment of your unique situation – and how we can help.