Sometimes we have cases that are a little out of the ordinary, a little unusual. Things come up and we have to be very creative in how we resolve the case and win them as we can for the family.
We had a case last year where unfortunately a young mother was killed in a rollover accident. Her husband was driving a Ford Explorer, an older Ford Explorer and those vehicles and some other vehicles are known – the SUV’s are known to have a high center of gravity, a narrow stance and they have a tendency to roll when they’re struck. Unfortunately, this young wife was ejected from a Ford Explorer. Her husband was driving. They were struck by another vehicle from the rear. She was ejected and was killed. She left her husband four young, young boys.
So normally, in a case like that we make a claim against the manufacturer of the vehicle. It could be Toyota, Nissan, Ford what have you. And we do research to see if the vehicle itself has those tendencies, if it was either manufactured with defects, or designed negligently or defectively. So, we look at those things.
What happens what if somebody loses the evidence? What happens if the defendant takes possession of the vehicle? The defendant, I mean their insurance company who caused the accident, takes possession of the vehicle and preserves it in their yard because they want to know what happened in the case, they want their experts to look at it, they want their engineers to look at it, they want to be able defend the case, the accident itself where their driver killed somebody and we want to preserve as well. What happens when an insurance company or someone else, a lawyer, whoever loses important evidence?
Well, that’s a real quandary but in Florida you have a right to make a claim for loss of evidence, for destruction of evidence, for negligence – not intentional but negligent destruction of evidence. We had a case just this year where that occurred that we resolved this year. It happened a few years ago and unfortunately an insurance company lost the vehicle when we attended to make a products claim against the manufacturer. So, we made a claim, a lawsuit against the insurance company and fortunately after a couple years of litigation we’re able to resolve the case for very fair amount, probably equal to what we would have gained in a lawsuit against the manufacturer the vehicle for negligently designing and manufacturing of vehicle.
So, the family fortunately was able to receive a multimillion dollar settlement, a young husband who lost his wife and four young kids. So, at Probinsky & Cole, if there’s not a direct way to solve the case, we find another way. And we specialize in that we’re creative, we follow the law, we research different prospects of how we resolve a case and work very hard to bring justice and to get it done for you and your family. Thank you.
Brent Probinsky. Probinsky & Cole. We’re here to speak to you, discuss your case with no charge Thank you.
If you have legal questions and your matter happened here in Florida and you’re thinking about bringing a lawsuit, I invite you to pick up the phone and call me at (844) 335-4667. This is what we do every day and I’d be happy to chat with you.
