Deadlines for Filing an Injury Lawsuit in Florida

Florida has a deadline for the amount of time you have to file a lawsuit in civil court against the person or business that might be legally at fault for your injury.Under Florida's statute of limitations for personal injury cases, you have four years from the date of the accident to file a lawsuit in Florida's civil courts. If you don't file your case in time, the court will likely refuse to hear it. For injury claims against a city, county or state government, the time limit is three years. If you're filing an insurance claim or lawsuit over an accident or injury, you'll need to be familiar with laws in your state that might affect your case.
Contact Colette Heck Law today.

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Working hard to ensure you receive the settlement you need

Colette Heck Law has helped many Port Orange, Florida bikers that have been injured due to the negligence of another driver, an unsafe roadway or a defective motorcycle. There's little doubt that motorcycles are a lot of fun to ride and, in today's economy, they can save you money when it comes to gas. However, people riding motorcycles have very little protection and are always at a much greater risk of serious injury when involved in a motor vehicle accident. Head injuries or even a fatality can occur even though the motorcycle rider was wearing a helmet and the proper riding gear. In most road accidents, the motorcyclist is almost always thrown from their motorcycle into the street or into other vehicles involved in the crash.

If you or a loved one have been seriously injured in a motorcycle crash, Colette Heck Law can help you get your life back on track. The Heck Law Firm truly understands the legal nuances involved with a motorcycle crash and how to use the legal system when dealing with your insurance company and the insurance companies of the other drivers involved. Colette Heck Law will work diligently to ensure that you receive the settlement you need for compensation, including property damage, medical expenses, lost wages, pain and suffering, and long-term health care. Unfortunately, they can't change what happened, but they can help you get on the road to recovery. Call today.

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This could save your life: Don't text and Drive!

Rear-end collisions are some of the most common types of car accidents on the roads today.  These types of accidents occur when the front end of an automobile hits the back of the car in front of it.  Although many of these collisions happen at relatively low speeds, the impact can still cause serious bodily injury to the occupants. Our attorneys know that not all rear-end collisions occur at low speeds. Colette Heck has represented victims of high speed, highway rear-end collisions where the injuries were truly catastrophic in nature.

There are many reasons that rear-end crashes occur. The most common cause is driver inattentiveness or distraction whether due to reading text messages, talking on a cell phone, conversation/ argument with a passenger, checking e-mail, use of navigation system or radio. Tailgating and racing can also result in a rear-end collision among other negligent acts or omissions.

Injuries most commonly associated with low-speed rear-end collisions include damage to the soft tissues of the body such as sprains or strains to the muscles supporting the spinal
cord, injuries to the inter-vertebral discs (Herniated disc or HNP), spinal cord injuries and closed head injuries, which can result in a traumatic brain injury (TBI) / brain damage and permanent disability. When the accident is the result of a high speed impact to the rear, the injuries are often very serious and even fatal. They can include spinal cord injury, traumatic brain injury, burn injury, fractures, amputation, nerve damage, herniated disc and even death.

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Florida law imposes a duty to stop at the scene of an accident

Florida law imposes a duty to stop at the scene of an accident and exchange information with the other driver.  If a party appears to be injured, the law imposes an additional duty to render reasonable aid and call for emergency help if necessary.  When a driver leaves the scene without stopping and providing information, and the accident resulted in personal injury or death to another person, the driver has committed a third degree felony, punishable by significant jail time and fines.

Because many hit and run drivers flee the scene for fear of being caught driving under the influence of drugs or alcohol, criminal proceedings often accompany a civil law suit. The injuries suffered by victims of these accidents are often severe, life-altering and even fatal.

However, even hit and run victims may be able to seek compensation for injuries, pain and suffering, medical bills and lost wages.  Accident victims with uninsured motorist coverage may be able to make a claim under their own insurance policy.  If the hit and run driver was driving a work vehicle at the time of the accident or was on a work errand, an accident victim may seek compensation for injuries by filing a law suit against the employer or owner of the vehicle. Victims of a Florida hit and run accident who have suffered personal injuries or family members of those killed in a hit and run accident may also be able to bring criminal charges against the driver, if the person can be located by police.

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Accidents Involving Alcohol

It is incredibly frustrating for victims and their family members to know that Florida drunk driving crashes are preventable.  For example, the driver could have asked a friend to drive, taken a taxi or public transportation, spent the night at a hotel or at the home of a friend.  Drunk drivers choose to drive drunk and are therefore negligent when they get behind the wheel.  Drunk drivers also break the law when they operate a motor vehicle with a blood alcohol concentration of .08 or higher.

The injuries resulting from drunk driving accidents can be catastrophic and are often fatal. Colette Heck is a car accident lawyer have successfully litigated catastrophic injury and wrongful death cases throughout Florida and have the experience necessary to maximize the amount of compensation our clients receive.

Drunk or intoxicated drivers have slower response times, fall asleep more easily while driving and often lose control of their vehicles, weaving between lanes and crossing into oncoming traffic.  Too often they drive their vehicle off the roadway and strike pedestrians on adjacent sidewalks or bike paths. Drunk driving accidents also tend to occur at night when visibility is low and involve high speeds, so that victims may not be able to see the drunk driver coming, or have little time to react.

Victims of drunk-driving accidents and their family members may be able to file a personal injury or wrongful death lawsuit against the drunk driver and sometimes others in order to receive compensation for their injuries.  They can recover compensation for medical expenses, lost wages, pain and suffering, disability or for the emotional and financial loss suffered when an accident results in the death of a family member.  In certain situations, punitive damages may also be recovered.

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No matter where you ride, there are risks every time

Most bikers are especially concerned about their bike and getting it fixed; or, having it declared as a total loss, for quick resolution to getting back on the road as soon as possible. Other questions might be related to obtaining a rental car, or finding a doctor who takes motorcycle accident cases, or finding a lawyer experienced in motorcycle cases, injuries, and settlements.

With its year-round sunshine and warm weather, there are few places better suited for motorcyclists than Port Orange, Florida. But no matter where you ride, there are risks every time you head out on the open road. Even minor accidents may lead to serious injuries causing permanent pain, disability, and life-threatening complications.

If you have a motorcycle accident, you may be out of work for a long time and struggling to pay for your medical treatment. Contact Colette Heck Law.

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Contact an experienced motorcycle injury attorney

Motorcycle accidents will often result in a very serious injury or death, and it is therefore extremely important for those involved in a motorcycle accident to contact an experienced motorcycle injury attorney in order to properly recover costs for injuries, medical bills, distress, loss of wages, medical expenses, and other damages caused as a result of the motorcycle accident.

You should also make sure to do the following:
-Report the accident to local law enforcement and insist upon an accident crash report
-Seek immediate medical attention, even if you think you are not injured. Being involved in a motorcycle accident can result in severe shock, so any injuries may not be immediately apparent.
-Get the license number, personal and insurance details, and name of the other driver involved.
-Ask for the details and names of any witnesses present at the accident scene.
-Take pictures to document your injuries and damages as soon as possible.

Contact Colette Heck Law today.
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Wear Your Seat Belt!!!

It is a dangerous myth that today’s modern cars with functioning airbags have eliminated the need to wear seatbelts. Airbags are specifically designed to be used in accordance with a belted occupant. In fact, an airbag can become dangerous if it goes off against an unrestrained occupant. Additionally, airbags offer little to no help to those involved in rear-end, side or rollover crashes. Colette Heck will battle on behalf of the injured. Often the greatest challenge in litigating car and truck cases in Florida is not always who caused the accident, but rather if the injured qualifies for any recovery under Florida’s motor vehicle law.

It can be a critical mistake to think people do not need to wear a seatbelt if they are just driving around the corner. Studies have proven that a person has a 400% greater chance of surviving an accident if they are properly seat belted. Florida Statute S316.614 details the rules regarding the use of safety belts. Florida law requires that anyone driving a car, pickup truck, truck or van on a Florida road must wear a seatbelt. This law applies to front seat passengers too. Failure to wear a seatbelt is considered a non-moving violation and is punishable by a $30.00 fine plus $6.00 in court costs. If the driver is under 18 years of age, each passenger must wear a seatbelt as long as the car, truck, pickup truck or van is moving.

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The few minutes after a car crash

Colette Heck feels it is important to educate her clients in obtaining adequate insurance coverage if they are involved in another accident. In Florida, for example, the law does not mandate bodily injury coverage. Therefore, many people injured by Florida drivers are never compensated for their loss because of inadequate insurance coverage.

Florida’s Statute S627.737 requires that in order to obtain any compensation for pain, suffering, mental anguish, and inconvenience because of bodily injury, sickness, or disease arising out of either the ownership, maintenance, operation, or use of a motor vehicle the injury or disease must result in a significant and permanent loss of an important bodily function, or a permanent injury within a reasonable degree of medical probability or a significant and permanent scarring or disfigurement or death. The few minutes after a car crash can literally make the difference between winning or losing your case, even when the accident is not your fault.

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Alcohol & Accidents

Not all alcohol-related car accidents involve a driver who is legally drunk. Alcohol has a measurable impact on a driver's reflexes and decision-making at levels below .08 blood alcohol content (BAC). We have extensive experience in car accident cases. We know how to investigate an accident and prepare your case to demonstrate why you are entitled to full compensation. We have an excellent record of verdicts and settlements for victims of all types of motor vehicle accidents, including those where alcohol was a factor.

There are many ways to show that the driver who caused your accident was behaving negligently. A driver who is speeding or checking a cellphone is driving negligently. A driver who is impaired by alcohol is driving negligently. If the driver who caused your accident is convicted of DUI/DWI, that is certainly evidence of negligent driving. With or without a criminal conviction, Colette Heck can help you present the strongest possible case to get you the compensation you deserve.

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Your Port Orange auto injury attorney.

Motorcycle accidents are almost always serious, especially when they involve high speeds, unyielding stationary objects or other moving vehicles. With no seatbelts to keep you from being thrown, no airbags to cushion the impact and no metal to protect you, a motorcycle accident can result in severe injuries or death.

Despite preventive actions and safety features (helmets), motorcycle accidents will and do occur. Serious bodily harm and even death are often the result of such tragic occurrences. The lack of a protective barrier between the driver and the road ultimately leaves motorcyclists in a very vulnerable position.

Common Causes of Motorcycle Accidents:

-Motorcycle-Car/Truck Collision: Sometimes car and truck drivers pull out in front of the biker at the last minute, cut off the motorcyclist, make a U-turn in front of the biker, or otherwise violate the motorcyclist’s right of way. The car/truck often does not see the biker due to blind spots, driving conditions (hard to detect at night or in poor weather), or they are distracted (texting, talking on cell phone).
-Sudden-Stop Collision: Rear-end collisions where the driver of the motor vehicle stops for some unknown reason and the motorcyclist crashes into the back of their vehicle.
-Open Door Accidents: Parked cars and vehicles that open the door directly into the biker’s path.
-Road Conditions: Debris on the road, trash thrown out the window, groves, gravel, or lose pavement can cause a bike to skid out from under the rider. Road construction and railroad crossings can also put bikers at risk.

Call Colette Heck Law today, your Port Orange auto injury attorney.

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Contact Colette Heck Law today for your consultation!

Car accidents have a number of causes, most of which are related to negligence or wrongdoing. The primary cause of car accidents throughout Port Orange is driver error or negligence. As an example, drunk driving accidents account for approximately one-third of all fatal traffic accidents throughout the U.S. each year, other car crash statistics are just as troubling. Additional forms of negligence may include: speeding, driving recklessly, or disobeying a traffic law, as well as simple errors such as failing to check one’s blind spot or not looking both ways before proceeding through an intersection. Less common causes of Port Orange car accidents may include: automobile defects or malfunction, or poor road or weather conditions.

Depending on the cause of your serious car accident in Port Orange, you may be able to hold another driver responsible, or perhaps an automobile or auto part manufacturer. In some cases, you may even be able to hold the local government responsible for poorly maintained or designed roads or intersections.

Find out more about what you can do in the wake of a car accident with the help of a skilled attorney at your side. Contact Colette Heck Law today for your consultation!

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Colette Heck is a Trusted Attorney

Being involved in a serious car accident can be among the most trying times in a person’s life. Some will be left dealing with medical bills and lost wages. Others will face months or years of rehabilitation, disability, long-term care and pain and suffering.

At Colette Heck Law, we will work with investigators and other professionals to determine the causes of your accident and who is responsible. We will then assemble the team best able to fight for the maximum compensation your case deserves under the law.

If you are dealing with the aftermath of a car accident, your choice of law firms can have a dramatic impact on the outcome of your case and the long-term financial well-being of you and your family. Colette Heck has been a member of the Florida bar since 1998 and has earned the reputation of being a trusted attorney.

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Florida is a No-Fault State

When a Florida resident gets into a car accident, several state laws affect the insurance claims and lawsuits that might result. Let's examine a few of those laws, including Florida's status as a no-fault state, how long drivers have to file court cases after a crash, and how Florida's "pure" comparative fault rule might affect the case.

Florida is a No-Fault State
The most important thing to note about Florida law if you've been in a car accident is that Florida is a no-fault car insurance state. That means, if you've been injured in a car accident in Florida, you'll need to first turn to your own car insurance coverage to get compensation for your injuries and other losses stemming from the accident, regardless of who was at fault for the accident.

Only in certain cases can you step outside the no-fault system and try to hold the other driver liable for your injuries -- meaning you can file a liability claim with the other driver's insurer or file a personal injury lawsuit against him or her. In Florida, only car accidents that result in permanent injury, or significant and permanent scarring or disfigurement, will take a claim outside of the no-fault system.

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Personal Injury Statue of Limitations

Deadlines for Filing an Injury Lawsuit in Florida

Like every other state, Florida has a statute on the books that sets a deadline for the amount of time you have to file a lawsuit in civil court against the person or business that might be legally at fault for your injury. This law is called a statute of limitations.

Under Florida's statute of limitations for personal injury cases, you have four years from the date of the accident to file a lawsuit in Florida's civil courts (this law can be found in Florida Statutes Annotated section 95.11). If you don't file your case within this time window, the court will very likely refuse to hear it at all. In rare cases, you may not “discover” that you actually suffered harm for some amount of time after the incident that caused the injury, and in those instances the lawsuit-filing window will be extended.

For injury claims against a city, county or state government, the time limit is three years.

If you're filing an insurance claim or lawsuit over an accident or injury, you'll need to be familiar with the laws that might affect your case.

Contact Colette Heck Law today.

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Colette will stand up for those rights

People talk about accidents occurring in slow motion, but the immediate aftermath of an auto accident is likely to be a blur. Following that, as you deal with the other driver, police, possibly emergency medical personnel, and then the insurance company, it is a time of pain and stress. If a death has occurred, the pain and stress of survivors increases immeasurably.

Being in a collision or another type of car accident is a common occurrence, but it is usually a unique experience for those involved. Shock, stress, confusion and even anger can cloud an accident victim’s judgment about what to do or say. This is why it is appropriate and necessary to obtain legal help as soon as possible from an experienced Port Orange automobile accident attorney.

If you or a loved one has been injured, or you have lost a loved one in a motor vehicle accident in Port Orange Florida, you may have a right to compensation for your losses and injuries. Colette Heck will stand up for those rights in negotiations with insurance companies and, when necessary, in a court of law.

Call Colette Heck Law today!

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Motor vehicle accidents

Motor vehicle accidents cause the loss of time, property, health and even life. Such accidents occur because of elements including driver error, negligence, manufacturing defects and dangerous weather. No matter what the specific cause or result, a crash can turn a normal day into a prolonged struggle. Speaking with a personal injury lawyer can help you sort out your rights, your options and your future.

When you have been in an auto accident, you may have a sense of who caused it. Issues of fault, however, can be complicated by who acted when and which laws governed the situation. If the other driver was negligent, you may have to prove that the driver breached a duty of care to you and that the breach caused your damages. The assistance of an attorney can be immensely valuable at this time, whether you are battling an insurance company, seeking compensation for your injuries or defending yourself in court.

Sometimes the at-fault driver is more than merely negligent; he or she may have acted recklessly or even intentionally. A reckless driver acts with conscious disregard for the probable consequences of his or her actions. Road rage incidents often involve reckless behavior, and they can escalate into intentional behavior. Road rage in particular can be extremely dangerous, leading to injuries and criminal charges. Generally, aggressive drivers are a serious threat to safety. Speeding and taking other risks contributes significantly to highway and other driving fatalities.

Call Colette Heck Law today!

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Trucking Accidents: Colette Heck Law

Although trucking companies say they set high driving standards for their employees, truck drivers contribute to thousands of accidents each year. If you've been injured by a semi-truck or commercial vehicle, you need accurate representation from a qualified lawyer who will help you seek just compensation. When you need a truck accident lawyer in Port Orange, FL, let Colette Heck help. She will fight for your rights.

How Can a Truck Accident Lawyer Help?
Federal regulations require truck drivers to work no more than 70 hours a week and drive no more than 11 hours per day. However, many semi-truck drivers drive more hours than they should. Some companies keep fraudulent log books, and others fail to maintain their trucks so they can save money on maintenance and repair costs.

As a result, trucking companies scramble to protect their driver even when he or she was fully or partially responsible for the accident. This means that when you're seeking compensation after a truck accident, you need a lawyer who will begin the liability investigation immediately.

Colette Heck will work to accurately investigate liability in truck accident cases. Colette Heck will investigate the role of the truck driver in the crash, as well as the truck's maintenance and the trucking company's liability. Colette Heck will pursue every avenue as they explore what caused the crash and who should be held responsible.

Contact Colette Heck Law today!

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Colette Heck Has The Real-World Experience

Injuries Trucking Accidents can include:

-Multiple broken bones.
-Head injuries that leave victims with devastating brain damage.
-Spinal cord injuries that cause lifelong paralysis.
-Organ damage that spells lasting health issues.
-Deep cuts that heal into disfiguring scars.

Colette Heck Law has the experience of working with experts to hold the truck driver and trucking company accountable for their negligence or carelessness. She is committed to ensuring that she presents the most compelling case on behalf of her clients. When you’ve been severely injured, you want the peace of mind that comes from knowing you’ve put your trust in an attorney who is committed to protecting your rights and representing your best interests. Colette Heck is not afraid of big insurance companies, powerful trucking companies or any other parties responsible for leaving Port Orange residents hurt and unable to work or enjoy their lives.

Port Orange trucking accident attorney Colette Heck is an aggressive advocate for the victims of accidents caused by large trucks. The sheer weight and momentum of a tractor-trailer or other big truck can cause devastating injuries when an accident occurs. If you or someone you care about has been hurt in a trucking accident, Port Orange trucking accident lawyer Colette Heck has the real-world experience that can make a difference in recovering the monetary damages you need to help with the medical and financial challenges caused by a commercial trucking accident.

Contact Colette Heck Law today!

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Injured In An Accident Involving A Tractor Trailer

While common sense dictates that a properly trained and licensed driver of large trucks will improve performance and reduce auto accidents, this isn't always the case.

In fact, a Federal Highway Administration study in 1996 concluded that the trucking sector is not providing adequate training for new drivers of large rigs, while currently, drivers with a CDL license are not required to have on-the-road experience.

Tractor trailer and commercial vehicle accidents are known to be caused by a variety of factors, with most serious accidents generally being attributed to five main contributing factors.

These include:

-Drunk driving
-Vehicle safety
-Driver skill level
-Load shift / incorrect cargo stowage
-Driver fatigue
-Speeding
-Overloaded trailers
-Oversize cargo

These all contribute significantly to the chances of serious truck accident occurring.

Knowing what to do and who to contact after being involved in a serious truck accident can be very confusing for many accident victims.

If you have been injured in an accident involving a tractor trailer, it's important to contact an experienced law firm to help explain your legal options and relieve the burden of pursuing an injury compensation claim. Contact Colette Heck Law today!

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Contact An Experienced Personal Injury Lawyer

Car accidents are the fifth leading cause of death in the United States. Rear end collisions are the most typical type of case that Colette Heck Law sees. Failing to yield the right of way, and turning in front of on-coming traffic are other accident cases that are commonly handled by Ms. Heck. Other car accident cases we handle are crashes involving drunk drivers, negligent drivers running a red light or stop signs, speeding, and cars entering intersections from private driveways. such as shopping centers, without looking before entering the street or highway.

Although there are countless reasons why motor vehicle accidents occur, the National Highway Traffic Safety Administration (NHTSA) indicates the number one factor contributing to car accidents in the nation is distracted or inattentive driving, which accounts for approximately 80% of all motor vehicle accidents.

Other factors that cause car accidents are driving under the influence of alcohol or drug related substances, violation of traffic laws such as speeding or not stopping at stop signs, fatigue or falling asleep at the wheel, and lack of maintenance to the vehicle. In other situations, car accidents result from external factors out of an individual’s control, such as poor weather conditions, improperly maintained roads and highways, or a defect on the vehicle from the manufacturer.

Our Port Orange car accident attorney assists victims of car accidents in attempting to obtain compensation for their injuries. In order to best protect your rights, it is important that you contact an experienced personal injury lawyer immediately after your accident. Contact Colette Heck Law today.

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Distracted Driving Accidents

It's important to note that many accidents occur when drivers are simply not paying attention to the road. In fact, distracted driving accidents are quickly becoming one of the leading causes of personal injury in the nation.

With over 3 million injuries a year resulting from auto accidents, car crashes can also be responsible for property damage, financial losses, physical injuries and sometimes death.

If you have been injured in an auto accident, you may be entitled to compensation for medical bills, lost wages, repair costs, loss of future earnings and other damages such as emotional and physical pain and suffering.

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