$6.6 Million
Attorney Brent Couture
and his team won a multimillion-dollar car accident trial verdict
against State Farm on
behalf of a client.
$1.9 Million
Case resolved in
litigation for $2 million.
High-speed bus crash.
Bus company sued for
wrongful death of a
56-year-old grandmother.
$1.8 Million
24 year old mother of
three died in a fatal
trucking accident. Settled
just before trial was set to
start for $1.8 Million.
“Couture Law PA fought
for us when others said
we had no case. I admire
their tenacity & appreciate
their dedication.”
– R. BALTAZAR
“From the first call to last
handshake they treated
me like a VIP with
personal attention to
details, follow through
from beginning to end.”
– T. SALZEIN
“Look no further for an
injury lawyer. They are
the best negotiators with
the insurance companies
and get amazing results.”
– C. OSBORNE
Wesley Chapel
Personal Injury Lawyer
Trusted, caring accident attorneys proudly representing Florida victims
Accidents seem to happen instantaneously. But for Florida accident victims who are seeking compensation for their injuries, the courts examine the past, present, and future. In determining fault, civil court judges routinely take into account the defendant’s actions before the accident occurred. Insurance companies are often participants in the discussion of how much money an accident victim should receive. Victims also have the option of pursuing a claim in court. With so many options and variables, the best approach to filing a claim is to first retain a Wesley Chapel personal injury lawyer. 1-888-HIT-By-CAR Accident Lawyers represents people who are injured in auto accidents and slip and fall incidents. We also represent victims and their surviving family members in wrongful death cases.
The experience you need on your side
Our Wesley Chapel personal injury lawyers are dedicated to fighting for injured accident victims when they feel like they can’t fight for themselves. Personal injury is the area of civil law that consists of cases in which one party’s behavior causes harm to another party. Where a guilty or not guilty verdict is the outcome of a criminal case, compensation is the plaintiff’s desired outcome in a personal injury case. Accidents on Florida’s roads are among the most common types of personal injury cases. We also handle cases for people who are injured in a variety of other types of vehicular collisions.
Our Experts Get Results
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BIKE ACCIDENT
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AUTO ACCIDENT
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REAR-END CRASH
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CAR ACCIDENT
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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.
Getting a top settlement offer in a personal injury case
Personal injury cases are often settled outside of court before the case goes to trial. Most accident victims receive a settlement offer from the other party’s insurance company. Although it can be tempting to quickly accept whatever the company offers, the victim’s case may be worth much more. We recommend consulting a Wesley Chapel personal injury lawyer before communicating with any insurance company. Your attorney will have a better idea of how much compensation you should receive for your injury. Equipped with more extensive legal knowledge, your lawyer can fight on your behalf for a more favorable settlement amount.
Taking a case to trial
If the plaintiff and the defendant are unable to agree on a settlement amount, the plaintiff may opt to pursue compensation in court by taking the case to trial. There are advantages and disadvantages to going to trial. When the plaintiff has a strong case, the court is more likely to award the plaintiff more than the defendant offered during settlement negotiations. However, the litigation process requires more time and attention from each side’s attorneys, which increases expense. The process from the initial filing to the issuance of a judgment can take several weeks to more than one year, depending on the court’s schedule. A case can take different twists and turns thus adding on to the timeline.
You and your Wesley Chapel personal injury lawyer will work together to determine the best approach to getting you compensated for your accident. At Couture, our first objective is to get the best settlement offer possible from the defendant. If we are unable to settle your case outside of court by reaching an equitable agreement, we are prepared to continue the fight in court.
Car accident attorney in Wesley Chapel FL
If you’ve been injured in a car accident, you don’t have to handle your accident claim alone. In fact, consulting a personal injury attorney immediately after the accident is the best way to increase your likelihood of getting the money you deserve.
Florida consistently ranks among the top five states that report the highest numbers of car accidents each year. The millions of tourists who visit each year, a steadily growing population, and aging infrastructure are just a few of the many factors that elevate the risk on Florida’s roads. Other more general contributing factors to car accidents include:
- excessive speed
- hazardous road conditions
- visibility obstructions
- driver intoxication
- distracted driving
In car accidents, the party who is at fault is most often another driver. However, sometimes the accident may be caused by a pedestrian, a property owner who fails to maintain property adjacent to the road, or a company that manufactured a defective auto part. Common injuries in car accidents include:
- whiplash
- muscle strains
- ligament sprains
- broken bones
- bruises and contusions
- head injuries
- internal injuries
A Wesley Chapel car accident attorney can help you get compensation to cover your medical expenses, lost ages, and other losses that are the direct result of your accident. Our team will evaluate your case and determine the best approach to representing you.
Trucking accidents
Truck accident cases can very quickly become more complex than an auto accident case. Commercial trucks are generally owned by a corporate entity. Instead of filing a claim against a private individual and his or her insurance company, the party on the other side of the claim is a business. Only a legal professional can provide the representation and advocacy an accident victim needs when filing a claim against a commercial trucking company. Moreover, there are several other unique parties that can play a role in a truck accident case. Some examples of potential third party defendants are:
- cargo loading stations
- truck maintenance garages
- truck manufacturers
- truck part manufacturers
The average person may lack the industry knowledge to readily identify whether a third party may have been at fault in a commercial truck accident. For that reason, it is imperative that anyone who is injured in a bigrig collision immediately contact a truck accident attorney in Wesley Chapel.
DRIVER ERROR IN WESLEY CHAPEL TRUCK ACCIDENTS
Similar to car accidents, truck accidents are also often caused by driver error. Driving a commercial truck requires a specified category of licensing. Truck drivers must complete extensive on-the-job training and gain experience on the road while under close supervision. Once trained and able to drive on their own, truck drivers and their employers must follow industry guidelines that require drivers to rest before they return to work.
Truck drivers are affected by the same issues that create hazards in drivers of passenger vehicles. Although commercial truck drivers undergo drug and alcohol testing, driver intoxication sometimes plays a role in truck accidents. The pressure to meet stringent deadlines, long stretches of solitude on the road, and demanding schedules can make truck drivers even more susceptible to abusing stimulant drugs and other substances.
Commercial truck drivers also risk experiencing highway hypnosis due to the monotony of driving at a steady pace past similar scenery day in and day out. Short turnaround times make it more difficult for drivers and their employers to follow industry standards and allow appropriate amounts of downtime in between trips.
Although trucks are substantially larger than cars and the shipping and logistics industry is regulated, some truck accidents are caused by speeding. Unlike a passenger vehicle, a commercial truck requires extra stopping distance. Traveling at excessive speeds reduces the driver’s ability to safely come to a stop without striking another vehicle or object.
Distracted driving also occurs among truck drivers. Eating while driving, talking on the phone, and focusing on people or objects outside of the truck are common activities that distract drivers of passenger vehicles and commercial trucks alike.
If driver error may have played a role in a truck accident that injured you or someone you know, consult a Wesley Chapel truck accident lawyer. Our team will leverage our network of professionals to help us identify the underlying cause of the accident that injured you.
Compensation for Florida motorcycle accident injuries
Along with pedestrians and bicyclists, motorcyclists are among the most vulnerable on Florida’s roads. The lack of side walls, roof, and windows exposes motorcycle riders to the potential for direct bodily impact, a fall, or ejection as the result of a collision. Therefore, motorcyclists who are involved in an accident are more likely to suffer a severe injury. Common related injuries our motorcycle accident lawyers see include:
- road rash
- broken bones
- paralysis
- brain trauma
- death
According to Florida law, motorcyclists who are over 21 also have at least $10,000 in medical coverage for motorcycle accident injuries are exempt from the state’s helmet requirement. However, not wearing a helmet may affect the amount of compensation an injured motorcyclist receives through filing a personal injury claim in court. Not only is wearing a helmet within the best interest of a motorcyclist’s safety, but doing so can also allow an injured motorcycle accident victim to receive a more favorable judgment amount.
Slip and fall accidents
Slip and fall accidents are within a category of personal injury cases that are known as premises liability claims. These accidents typically occur on someone else’s property when a hazardous condition causes the accident victim to slip or trip and fall. Grocery stores, warehouses, and wet exterior surfaces like parking lots are areas that are more commonly prone to slip and falls accidents. In most cases in which Florida courts find liability, the defendant is the property owner or manager of the area in which the accident occurred.
Wrongful death cases
Wrongful deaths occur when someone’s negligent, reckless, or dangerous behavior causes the death of another person. Other types of personal injury accidents like traffic accidents and slip and falls can become wrongful death cases if the accident causes the victim’s death. Wrongful death claims can also arise from:
- workplace accidents
- homicide cases
- medical malpractice
- defective products
- dangerous OTC and prescription drugs
Unlike other states that allow the decedent’s surviving family members to file a personal injury claim directly, Florida requires a representative to file on behalf of the victim’s family. If the decedent had a will, the representative is typically the executor of the decedent’s estate. If the victim did not have a will, the victim’s surviving spouse or another family member may act as the representative.
Plaintiffs may receive slightly different types of compensation through winning a wrongful death claim. The victim’s estate and surviving family members may receive a settlement or judgment to cover:
- loss of economic support from the decedent’s projected future income
- loss of parental guidance if the decedent has children
- loss of companionship if the descendant has a spouse
- funeral and burial expenses
Our wrongful death attorneys can guide you through the process of filing a Wesley Chapel wrongful death claim. Let us take on the cumbersome legal work while you and your family heal.
Core Areas of Specialty
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MEDICAL MALPRACTICE
Have you been hurt due to the negligence of a doctor, surgeon or hospital? You may be entitled to significant compensation. We can help.
Negligence-based personal injury lawsuits in Florida
Most of the personal injury claims we file for our clients require us to prove that the defendant caused injury to the plaintiff through an act of negligence. Under Florida law, a defendant acts negligently if he or she fails to exercise the level of care a reasonable person would exhibit under similar circumstances and if the defendant’s behavior causes harm to the plaintiff. To establish a negligence-based personal injury case, the plaintiff’s attorney must prove the following:
- the defendant owed a duty of care to the plaintiff
- the defendant breached the duty of care
- the breach of duty caused the plaintiff’s injury
- the plaintiff experienced a compensable loss as a result of the injury
Florida courts follow the rule of comparative negligence, which may result in the court reducing the plaintiff’s compensation if the plaintiff contributed fault in the accident. The state legislature modified Florida’s comparative negligence law in 2023 that further limits a plaintiff’s ability to receive compensation. The latest modification bars a plaintiff from receiving compensation if the court determines that the plaintiff was more than 50% at fault. Having a formidable personal injury attorney on the case can safeguard and enhance your ability to be justly compensated for your injury.
Duty of care in Florida personal injury cases
Although an accident victim may have been injured by something a defendant did, the plaintiff’s attorney must first prove the defendant owed a duty of care to the plaintiff. At first glance, it may seem unusual that the law would not hold someone accountable for creating a hazard that injured someone. But the underlying principle makes more sense when you examine the different circumstances under which people can get injured.
Generally, defendants owe a plaintiff a duty of care if the defendant fails to take reasonable action to protect the plaintiff from foreseeable harm. Some examples that illustrate duty of care include:
- a store’s obligation to warn customers of a slipping hazard after an employee mops the floor
- an auto shop’s responsibility to clearly label an “employees only” area
- a restaurant’s duty to warn customers that their plate is extremely hot to the touch
- a coffee shop’s duty to warn of the hot liquid beverage inside
A defendant is not liable if he or she does not owe the plaintiff a duty of care. Some situations in which a duty of care is unlikely include:
- a burglar spraining his ankle after climbing through a window
- an irate customer chasing a cashier into the stockroom at a grocery store
- an adult restaurant juggling steak knives at the table
- a gas station customer testing out his blow torch while pumping gas
The examples discussed are more straightforward, but sometimes cases fall within a gray area. Our Wesley Chapel personal injury law firm is qualified to navigate the gray areas and identify your most viable legal options.
Establishing breach of duty
In addition to proving the defendant owed the plaintiff a duty, the plaintiff’s personal injury attorney must establish that the defendant breached the duty owed. A defendant breaches its duty of care when the defendant fails to take reasonable action to effectively warn or protect the plaintiff from foreseeable harm. The term “foreseeable” is critical in negligence cases as it refers to dangers a person would reasonably expect to happen under the same circumstances.
In an example in which a customer slips and falls, the business would be liable if the fall occurred because the store owner failed to either warn or protect the customer from the hazard. Stores warn their customers by making timely announcements, posting signs, and strategically positioning employees in an area that allows them to verbally warn customers of the hazard. Measures stores take to physically protect their customers include setting up barricades, locking doors that lead to hazardous areas, and positioning employees in areas that allow the employees to verbally decline access to restricted spaces.
A business is less likely to be liable if the hazard or the customer’s behavior exceeds foreseeability. For example, if a customer trips and falls while sneezing due to a rare allergy to a material in the tile on the floor in a store, the hazard itself is likely unforeseeable. Customers who come up with creative ways to bypass gates, climb over barricades, and deceive employees are making an effort to keep them safe are less likely to receive compensation in the event of an accident.
Proving causation in an accident case
Causation is the critical link between the defendant’s behavior and the plaintiff’s injury. In a negligence-based personal injury claim, the plaintiff’s attorney is specifically tasked with proving the defendant caused the plaintiff’s injury by breaching an owed duty of care.
In determining whether a defendant’s behavior caused injury to the plaintiff, Florida courts apply a two-part test. The first part of the test asks whether the plaintiff’s injury would have occurred “but for” the defendant’s behavior. In the second part, the court determines whether the plaintiff’s injury was a reasonably predictable outcome of the plaintiff’s conduct. To prove causation, Florida personal injury lawyers often introduce the testimony of expert witnesses who are uniquely familiar with the subject matter of the case.
Calculating damages for a personal injury
The last element in a personal injury lawsuit requires the plaintiff to prove he or she is entitled to receive compensation because the defendant caused quantifiable harm or “damages.” A plaintiff’s attorney may provide evidence to prove the plaintiff suffered a tangible economic loss or other intangible losses. Examples of tangible damages include:
- lost income due to the victim taking time off from work
- medical expenses
- future lost income due to disability
- funeral and burial expenses
Courts can use bills, invoices, and pay stubs to calculate tangible losses. However, it’s generally more difficult, though not impossible, to place a dollar value on intangible losses. Some intangible damages are:
- emotional distress
- pain and suffering
- lifestyle changes that affect quality of life
- physical impairment/disfigurement
The average person may struggle to assign monetary value to the extent of their pain. Our seasoned Wesley Chapel personal injury lawyer can assess your situation and fight on your behalf for the money you deserve.
Strict liability-based personal injury claims
While most personal injury cases are based on the legal doctrine of negligence, Florida law applies strict liability to certain types of personal injury claims. State courts apply the rule of strict liability if a case involves:
- a dangerous prescription drug
- a manufacturing or design defect
- a wild or exotic animal
- an unusually dangerous activity
In strict liability cases, the plaintiff’s attorney is not required to prove that the defendant behaved negligently. The defendant may be ordered by the court to compensate the plaintiff even if the defendant took reasonable steps to prevent foreseeable harm to the plaintiff. Schedule a consultation with Couture Law to learn more about strict liability accident claims.
Contacting a Wesley Chapel personal injury attorney
If you’ve been injured in an accident in Florida, don’t be swayed by the insurance company. Let a Wesley Chapel personal injury lawyer stand up for you in settlement negotiations and, if necessary, in court. Protecting the rights of injured accident victims is our top priority. We’ll make sure you get the necessary medical attention to help you heal while aggressively pursuing the other party so we can get the compensation you deserve.
Take the first step toward seeking justice by contacting Couture Law. Our team of legal professionals will follow up with you to review the facts of your case and determine the next steps. contact us today to receive a free case evaluation!
A few kind words from satisfied clients
How much does a personal injury attorney cost?
At Couture Law P.A. 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, Florida 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.