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300 E. Government Street, Pensacola, Florida 32502
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Our Florida Litigation Law Firm

Litigation Overview

Often insurance companies will settle with Baker & Baker before it become necessary to litigate because they know the experienced attorneys and staff at Baker & Baker will be well prepared if the case proceeds into litigation. Clients may prefer a reasonable settlement but that often cannot be forced or achieved without litigation. Litigation starts with filing a lawsuit in state or Federal court. Litigation ends with either a settlement during suit, a settlement at mediation in suit or a jury verdict resulting in a judgment. An appeal may also follow after the trial, verdict and judgment.

Baker & Baker is a plaintiff’s personal injury and wrongful death law firm that has filed hundreds of lawsuits in state and federal courts in cases involving issues ranging from serious personal injury, wrongful death,  insurance disputes and insurance bad faith. Some lawsuits settle during litigation or at a mediated settlement conference. Other cases that insurance carriers may stubbornly refuse to settle go all the way to a jury trial. We have significant jury trial experience and are prepared to proceed in whatever direction we must head to best serve our clients’ interests. The plaintiff is the victim or person who has been wronged by the other party. The defendant is the at-fault party or insurance company. Even if the insurance company is not the named defendant in a lawsuit the at-fault defendant typically has ample insurance policy limits to pay for the verdict and judgment in litigated cases. These cases always involve two main issues: liability and damages. Liability normally is based upon a negligence standard. Negligence is the failure to use reasonable care, which is the degree of care that a reasonably prudent person would use under the circumstances. Damages generally consist of past and future medical bills, past wage loss, future loss of earnings capacity, past and future pain and suffering of the victim.  Negligence can arise out of many circumstances including:

  • Auto Accidents (Motor Vehicle Accidents)
  • Truck Accidents
  • Motorcycle Accidents
  • Pedestrian Accidents
  • Bicycle Accidents
  • Boating Accidents
  • Jet Ski Accidents
  • Slip and Fall Accidents
  • Dog Bite Accidents
  • Fire and  Burn Injury Accidents
  • Electrical Burn Accidents
  • Chemical Exposure Accidents
  • Construction Site Accidents
  • Heavy Equipment Operator Accidents

Auto accidents, truck accidents and motorcycle accidents causing serious personal injuries and death are the most commonly litigated cases. The likelihood of sustaining a serious personal injury or encountering a fatal injury is substantial while occupying a car, truck or motorcycle on roads, highways and interstates than perhaps any other manner of risk you may encounter in daily life. Auto accidents often cause serious injuries including:

  • Brain injuries
  • Shoulder Injuries
  • Neck Injuries
  • Back Injuries
  • Wrist and Hand Injuries
  • Hip Injuries
  • Knee Injuries
  • Ankle and Foot Injuries

Motorcycles are dangerous two or three wheeled vehicles that offer little protection to the occupants when involved in an accident. Injuries are almost certain to occur to the operator and passenger of a motorcycle, when involved in a motorcycle accident. In Florida the driver of a motorcycle age 21 or older is not required to wear a helmet. Head injuries are common when a motorcycle operator is not wearing a helmet. Even when wearing a helmet head injuries can and do occur. Knee injuries and ankle injuries commonly occur in motorcycle accidents. Neck and back injuries can also occur. Concussions resulting in long term traumatic brain injuries may occur with and without a helmet. Shoulder injuries including fractured bones within and around the shoulder, a torn rotator cuff tendon, torn labrum and fractures in the adjacent clavicle are also common injuries in motorcycle accidents.

Bicycle Accidents:  Bicycles commonly travel on the same roads and highways that are travelled by cars, SUVs, trucks and motorcycles. Bicycle operators must abide by their applicable laws and rules of the road but often drivers of cars, trucks, SUVs and motorcycles violate the right of way of the bicycle operator resulting in injury and harm to the bicyclist. Florida has a 3 foot passing rule which means that when a car, truck, SUV or motorcycle passes a bicycle on the left side of the bike, there must be a gap distance of three feet between that motorized vehicle and the bicycle while passing the bicycle. (See Section 316.083 Florida Statutes). Bike accidents often result in injuries to arms, elbows, shoulders, knees and ankles. Neck and back injuries can also occur.

Pedestrians are exposed to being struck by motor vehicles when the driver of the car, truck, motorcycle or other vehicle fails to see and avoid direct contact with a pedestrian who is in a crosswalk or on the side of a road. Pedestrians must abide by their applicable laws and rules of the road but often drivers of cars, trucks, SUVs and motorcycles violate the right of way of the pedestrian resulting in injury and harm to the pedestrian.

Boating accidents including jet-ski accidents and other watercraft often occur in the bays, rivers and other waterways along the Gulf Coast of Florida and Alabama. Boats and jet skis are often powered by large engines propelling the boats and jet skis at high rates of speed exposing the driver and passengers to the danger of crashing into a stationery object, a sandbar or another boat or jet-ski. Often the passengers are thrown about inside or ejected from the watercraft causing serious personal injuries or death. These often violent accidents routinely cause serious personal injuries including head injuries, neck injuries, back injuries, shoulder injuries, knee injuries, foot and ankle injuries and death. Both state and Federal laws may apply to accidents occurring on navigable waterways.

Slip and fall accidents that occur because of the negligence of the owner or person in possession of the property can be held liable for the injuries caused to the victim. Typically a slip and fall accident happens due to a slippery substance being on the floor or a defective design  of the floor, steps or stairs on the premises not in accordance with the applicable building or safety codes. Often slips and falls are sudden and violent since the victim is not expecting to fall and a sudden fall is not braced or broken sufficiently to avoid a hard impact causing serious personal injuries to the victim. These sudden, hard landings and impacts routinely cause serious personal injuries including head injuries, neck injuries, back injuries, shoulder injuries, knee injuries, foot and ankle injuries and death.

Dog Bite Accidents: Dog owners may be held liable for the bites their dogs may inflict on other people. See Section 767.04 Florida Statutes for dog owner liability in Florida. When dogs bite into a person’s flesh it often causes serious lacerations and scarring to the victim. Sometimes the lacerations are seriously disfiguring.

Fires causing burn injuries result from many different instances. Often these burns are a result of gas heater explosions, gas tank explosions, hot grease burns from propane fish fryers and other gas or electrical appliances. Burn injuries are some of the most painful to endure and often result in disfigurement for the victim.

Chemical exposure burn accidents often occur because of negligent transportation or negligent storage of dangerous, toxic chemicals that can burn a person’s skin or lungs when coming in contact with the chemical. A combination of state and Federal statutes and environmental regulations may apply to these types of cases.

Construction site accidents often occur because of a negligent breakdown in communication between subcontractors from different companies working on the same job site. Whether injuries result from dropped heavy loads of materials or negligent operation of heavy equipment such as cranes, bulldozers and front end loaders these types of accident can result in serious bodily injury or death to the victim.

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