Thomaslegal Practice Areas

The personal injury trial lawyers at Thomas Legal have the resources to handle the largest cases and to represent our clients zealously against those whose negligence has caused needless injuries. Our commitment to open communication with our clients allows us to handle smaller cases with the same level of attention and expertise utilized in our larger cases. This commitment, no matter how big or small the case, allows our clients to feel confident that their interests are being protected at all times.

Whether the claim is for an injury caused by allegations of vehicle negligence, 18-wheeler accident, wrongful death, work/construction zone accident, traumatic brain injury, negligent security, accidental drowning or a variety of other claims, our attorneys have litigated the matter to a successful conclusion. The attorneys at Thomas Legal are dedicated to providing effective representation, while providing the highest degree of integrity, honesty and trustworthiness.

We handle a wide variety of personal injury cases, including:

• Automobile Accidents
• 18-Wheeler Accidents
• Work/Construction Zone Accidents
• Wrongful Death
• Traumatic Brain Injury
• Negligent Security
• Accidental Drowning

If you have any questions or concerns about any personal injuries which you or a loved one may have suffered, contact our offices at (305) 895-7547 to discuss your case for free. We offer free initial consultations and work on a contingency fee basis, which means that there is never a fee unless we successfully resolve your case.

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Automobile Accidents

The state of Florida has a “No-Fault” law, which requires your auto insurer to pay for certain non-economic damages, regardless of who caused the accident. Florida enacted this law as a way to reduce auto-injury fraud, thereby keeping insurance costs down.

However, the law provides a threshold requirement. In order to collect non-economic damages from the at-fault party, you must establish that your injury resulted in any of the following:

1. a significant and permanent loss of important bodily function;
2. a permanent injury;
3. significant and permanent scarring or disfigurement; or
4. death.

A court may reduce your damages, if the defendant can establish that actions on your part contributed to the accident. This principle, known as “comparative negligence,” holds that a court can reduce your damage award by the percentage for which a jury found you responsible for the accident.

For example, if you establish damages in the amount of $10,000, but the jury finds that your negligence constituted thirty percent of the reason the accident occurred, then your damage award would be reduced by thirty percent, to $7,000.

Florida law also allows the reduction of damage awards by any amounts you might have received from public or private insurance to compensate you for your losses. Under this rule, known as the “Collateral Source Rule,” if you received $1,000 from your auto insurer to cover your medical expenses after an accident, a court may reduce your damage award, if it includes medical expenses, by $1,000.

You should note that you must file your lawsuit for injuries within 4 years of the date of the accident. Florida law prohibits any suit filed after the 4-year period. Lawsuits for wrongful death must be filed within 2 years of the date of the accident that caused the death.

There are other time limits that apply to governmental agencies that require you to put the agency on notice of your claim within 3 years of the accident. If you do not provide the required notice, you are barred from filing a lawsuit. These time limitations are enforced strictly by the courts.

If you have been injured or a loved one has died as a result of a car accident, you should consult with a lawyer immediately to learn your legal rights. If you have questions or concerns about injuries suffered as the result of a car accident, contact our offices at (305) 895-7547 to discuss your case for free. We offer free initial consultations and work on a contingency fee basis, which means that there is never a fee unless we successfully resolve your case.

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18-Wheeler Accidents

Another type of motor vehicle accident which typically involves very severe injuries or death is an accident involving an 18-wheeler semi tractor-trailer. Trucking accidents tend to be more serious because the sheer size and weight of the semi overpowers the smaller vehicle, resulting in more grievous injuries. Another aggravating factor is that these accidents generally occur on Florida highways, where higher speeds can contribute to the severity of the injuries.

As with other accidents, you, as the victim of a trucking accident, deserve compensation for your injuries. These damages can include pain and suffering, unpaid medical expenses, lost wages, any costs of rehabilitation and retraining for a new career, loss of enjoyment of life, and modifications that need to be made to your home. However, you will need an experienced attorney to help you get all of the damages that you deserve.

At Thomas Legal our experienced attorneys can help you find out who is liable for a particular trucking accident and examine all of the different theories of liability under which you can hold not only the operator of the truck but possibly even his or her employer liable for your injuries. Our reputation for aggressive trial preparation and giving everything for our clients means that the opposing side is likely to attempt to resolve the matter to avoid a trial. Of course we will only act in your best interests and you always have the final say as to whether a settlement is accepted or not. But we will always work to get the best possible result for you.

If you have been injured or a loved one has died as a result of a truck accident, you should consult with a lawyer immediately to learn your legal rights. We handle cases throughout the state of Florida. If you have questions or concerns about injuries suffered as the result of a truck accident contact our offices at (305) 895-7547 to discuss your case for free. We offer free initial consultations and work on a contingency fee basis, which means that there is never a fee unless we successfully resolve your case.

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Work/Construction Zone Accidents

Roadway construction is so prevalent that it is estimated that the majority of our population travels through a highway construction zone at least once every day. This results in traffic congestion, and as congestion builds, crash rates increase.

In addition, the demands for rehabilitating highways, increased mobility, and safety, have resulted in more highway constructions projects being conducted at night when travelers tend to drive at higher speeds. These factors significantly increase the exposure of the traveling public, highway workers, and pedestrians to construction zone hazards.

• Accidents in work zones can be caused by a variety of factors, including:
• Construction zone areas that are unclearly marked
• Failure to provide proper personnel to control traffic in work zone areas
• Improper placement of barricades, signs, and other traffic control devices
• Drivers who are unsure of construction zone traffic control directions

If you have any questions or concerns about injuries suffered as the result of a work or construction zone accident, contact our offices at (305) 895-7547 to discuss your case for free. We offer free initial consultations and work on a contingency fee basis, which means that there is never a fee unless we successfully resolve your case.

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Wrongful Death

A wrongful death lawsuit alleges that an individual was killed as a result of the negligence (or other liability) on the part of another person, and that the surviving dependents or beneficiaries are entitled to monetary damages as a result of the other person’s conduct.

As a general rule, immediate family members (i.e. spouses, children and parents) can pursue a wrongful death claim (although minors until 18 years of age may require a “guardian ad litem” to represent their interests in court). In addition, some states may also extend the potential group of plaintiffs to grandparents, legal dependents, or members of the extended family. It is critical that you speak with an experienced lawyer to see if you or your loved one qualifies to bring a claim.

Each state has its own “statute of limitations,” which defines the time frame during which a lawsuit must be filed. In Florida, the limitation is 2 years. The time usually runs from the time of the victim’s death, although some states may allow a lawsuit to proceed if the acts which caused the death was not discovered until later (for example, the spouse of the victim does not discover until the following year that the victim’s death was caused by the negligence of the treating doctor. In this case, the time frame to file a lawsuit may run from the date the spouse discovered the treating doctor’s negligence, rather than the date of the victim’s death).

A claim, even a valid claim, may be denied if it is filed after the statute of limitations has run. If you believe that you may have a valid claim for wrongful death, it is important that you speak with a qualified wrongful death attorney at your earliest opportunity to preserve your rights. In addition to protecting your claim in court, early action may also help to preserve evidence, or locate witnesses, that you may need to win your case.

If you have any questions or concerns about a potential wrongful death, contact our offices at (305) 895-7547 to discuss your case for free. We handle cases throughout the state of Florida. We offer free initial consultations and work on a contingency fee basis, which means that there is never a fee unless we successfully resolve your case.

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Traumatic Brain Injury

Traumatic brain injuries can occur in any type of accident that involves head trauma. Vehicle and motorcycle accidents, construction accidents, birth injury cases, and premises liability – all of these and more can result in a head injury.

The long-term effects of a head injury, from a concussion to a skull fracture, can be wide-ranging and difficult to determine. Two people who appear to have suffered the same type and severity of injury in the same location will react to the injury in vastly different ways, any of which can change their lives. While most people associate coma and severe loss of function with traumatic brain injury, or TBI, other consequences can include loss of short-term or long-term memory, changes in temperament and mood swings, loss of fine motor skills, insomnia, and inability to remember family and friends. Other neurological disorders that appear later in life may also be related to the TBI.

Brain injuries can be very difficult to diagnose and often go unnoticed by treating doctors. Oftentimes, mild brain injuries do not even require a hospital stay, yet they result in changes so severe that lives are impacted for many years (or permanently). They can cause physical, cognitive, social and vocational changes and, in many cases, recovery becomes a lifelong process of adjustments and accommodations for the individual and the family.

If you or a loved one has suffered a traumatic brain injury due to the actions or negligence of another, you need the help of experienced attorneys to receive compensation for the injury, including money to help with any long-term care or rehabilitation expenses. At Thomas Legal we can help you get the compensation you deserve. We handle traumatic brain injury cases throughout the state of Florida. And you won’t pay a thing until you recover money damages. Contact our offices at (305) 895-7547 to set up a free initial consultation. Let us show you what we can do for you.

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Negligent Security

Businesses want you to come onto their property and spend money. Under Florida law, they also have a duty to make sure you are safe from foreseeable criminal acts that can injure you.

In some situations, the owner of a store, shopping center or other property has a duty to protect guests from foreseeable criminal acts. Criminal acts may include robbery, shootings, assault, purse snatching, rape or other incidents that cause emotional injuries, physical injuries, or death to a person on the premises.

The lawyers and staff at Thomas Legal have the experience to help you pursue the maximum compensation available for your injuries or loss due to a criminal act. Florida law requires the owner of a business establishment to be aware of prior crime in the area. When an area has significant criminal activity such as prior assaults, purse snatchings, robberies, or vehicle break-ins, the owner of the establishment has a legal duty to provide security to protect guests. The amount and type of security required to deter crime depends on the history of crime in the area and the physical layout of the property.

If you have questions or concerns about injuries suffered as the result of negligent security, contact our offices at (305) 895-7547 to discuss your case for free. We offer free initial consultations and work on a contingency fee basis, which means that there is never a fee unless we successfully resolve your case.

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Accidental Drowning

Drowning is the leading cause of accidental death among small children (1 to 4 years of age) and the second leading cause among children from 1 to 14 years of age. About 3,000 people drown each year in the United States, and many more suffer serious, irreversible injury in near-drowning incidents.

The owner of a swimming pool can be held legally accountable for pool accidents and injuries occurring on or around the pool. It is the sole responsibility of the owner of a swimming pool to be diligent in preventing injuries by providing a safe environment for everyone who may come into contact with the pool, whether invited or not. Negligence plays a part in many drowning and near-drowning cases, whether the cause is lack of supervision or a problem with the premises.

If you have questions or concerns about a death which may have occurred as a result of an accidental drowning, contact our offices at (305) 895-7547 to discuss your case for free. We offer free initial consultations and work on a contingency fee basis, which means that there is never a fee unless we successfully resolve your case.

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The attorneys at Thomas Legal defend insureds, self-insureds, corporations and individuals against claims for personal injury and professional negligence. Examples of the type of claims we defend include:

• General Liability
• Premises Liability
• Automobile Negligence
• Directors and Officers Liability
• Errors and Omissions Liability
• Professional Negligence
• Medical Malpractice

We strongly believe that our clients are best served by thoroughly investigating and preparing all matters for trial from the outset, thereby increasing the chances of successful resolution. Whether the resolution is achieved through negotiation, alternative dispute resolution or litigation to verdict, our attorneys will do everything possible to protect our clients’ rights.

Our strength is working with our clients to understand their individual needs, and tailoring our services to accommodate those needs. To this end, the firm recognizes the importance of working closely with clients to develop and implement strategy. Our practice philosophy is grounded in a commitment to provide our clients with excellent legal services in a cost-effective manner. At Thomas Legal we take pride in the quality of the work we produce for our clients. Contact us today for a complimentary initial consultation to see how we may be of assistance to you.

The attorneys at Thomas Legal have extensive expertise representing individuals, firms and organizations in all aspects of corporate and transactional law. The firm routinely advises clients in general corporate governance matters. The firm’s corporate and transactional attorneys use their experience to deliver services at a high level of efficiency and cost-effectiveness. Thomas Legal’s goal is to become a long-term, trusted strategic advisor on legal and business issues.

We handle a wide variety of corporate and business matters, including:

• Commercial Contracts and Agreements
• Corporate Governance
• Start-Up Company Planning
• Strategy and Structuring
• Joint Ventures
• Strategic Alliances
• Employment Agreements

In addition, Thomas Legal provides outside General Counsel services to small and middle market companies, entrepreneurs and growing companies. Thomas Legal offers these services as an extension of its clients’ in-house groups and to assist those clients who lack in-house counsel capabilities. The key to becoming a trusted advisor in this area is to understand each client’s business model and specific legal needs and to match those needs with Thomas Legal’s broad expertise.