AREAS OF LAW

Contact Considine Law Today

If you are in need of legal assistance and would like to speak with one of our attorneys please call us at (904) 636-9777. Or if you would like a call back please fill out the below form and one of our attorneys will be in touch with you shortly. 

PERSONAL INJURY ATTORNEY Jacksonville FL

If you or a loved one has been injured in an accident due to someone else’s negligence you need an aggressive and experienced Jacksonville-based personal injury attorney. We acutely understand the pressures our clients face between the injuries they are dealing with, mounting bills, lost wages, and the stress of how to deal with this new reality. At the Considine Law Firm we are committed to one thing-- protecting the rights of accident victims while maximizing their recovery.

For over 35 years, the Considine Law Firm has aggressively pursued justice for genuinely injured clients. If you have been injured you are feeling stressed, anxious, overwhelmed, hurt, and confused. By hiring the Considine Law Firm, you will have peace of mind knowing your case is being handled with the utmost care and diligence. Due to our past experience we understand insurance companies and their tactics, and we know what it takes to get our clients what they need and deserve.

If you or a loved one have been injured and need an experienced attorney with a track record of exemplary results, contact the Considine Law Firm today at (904) 636-9777 for your free consultation.

CAR ACCIDENT Injury

A car accident can change your life or that of your family in a matter of seconds. If you or a loved one have been injured in a collision, those injuries may require extensive medical treatment or surgery. For many accident victims, it is a long road to recovery and often times that person will have a lifetime of pain and therapy. Our firm's physician-consultant can assist with needed treatment decisions. Please note it is very important to take photos at the scene of all vehicles involved and also identify any helpful witnesses.

At the Considine Law firm, we understand what accident victims go through. Unfortunately, it is the same story with almost every client we represent. The victim is severely injured, they can’t go back to work in the near future so they have no income, their medical bills are piling up, their personal bills (mortgage, insurance, car payments, etc.) are piling up, and they don’t know where to turn or what to do. This is where we come in. At the Considine Law Firm, we have been fighting for the rights of accident victims for over 25 years. We truly understand what each client is going through and we make sure to fight for your right to just compensation every step of the way. Additionally, we will assist in negotiating a settlement of your vehicle damage claim, or help with repairs and getting a rental car at no charge.

MOTORCYCLE Injury

In Florida motorcycle accidents take the lives of over 500+ people per year. That constitutes nearly 20% of Florida's annual fatalities from motor vehicle collisions. Motorcycle injuries are often catastrophic because there is little or no protection between the motorcyclist and the opposing vehicle. Common injuries sustained include head injuries, road rash/burns/lacerations, leg, feet and knee injuries, broken bones, internal injuries, or paralysis, just to name a few. Concussions, head trauma, and brain injuries are very common because helmets are legally optional. Often times the motorcyclist is not at fault, but they find themselves facing lost wages, medical bills, and much worse. The at-fault driver and their insurance company will often not accept responsibility and instead try to avoid culpability for their negligence.

MOTORCYCLE INSURANCE REQUIREMENTS

Motorcyclists in Florida are not legally required to purchase Personal Injury Protection (PIP) insurance coverage, the main feature of Florida’s “no-fault” system.  Therefore, under Florida Statute § 627.736, motorcyclists are exempt and not mandatorily covered with $10,000 in medical bill/lost wage insurance so must prove fault in their favor to recover these expenses. However, unlike a typical vehicle vs. vehicle collision, motorcyclists need not prove a permanent or serious injury in order to recover for their pain and suffering, loss of enjoyment of life, etc.  Assessment of fault therefore becomes a much more significant issue in presenting a motorcycle-injury claim.

MOTORCYCLIST COVERAGE

Although motorcyclists are not legally required to purchase insurance in Florida, it is highly recommended they do so.  Motorcyclists must be “financially responsible” and if at-fault for a collision, they are liable for any property damage or injuries caused including injury to passengers on the motorcycle.  Failure to have insurance may result in the suspension of one’s driver license, civil fines, revocation of motor vehicle registrations, or mandatory purchase of insurance for three (3) years.

Motorcycle insurance policies typically offer “med pay” or medical bill coverage in varying amounts. Also, as per F.S. § 316.211, riders over the age of 21 need not wear a helmet if they purchase a minimum of $10,000 in medical bill coverage. This helps protect the rider regardless of fault in promptly getting medical care.

If you or a loved one has been in a motorcycle accident and need legal representation from an experienced motorcycle accident attorney, the Considine Law firm has over 25 years of legal experience dealing with motorcycle collision victims and their families. Serious motorcycle accidents require serious representation. Call us today for a free consultation to discuss your case (904) 636-9777.

TRUCK ACCIDENT Injury

Living in Florida we are used to seeing 18-wheelers on the highway. On I-10, I-75, and I-95 there is a constant flow of trucks. Every year there are over 32,000 accidents involving truck drivers in Florida. As a former driver and member of the Teamsters Union, Tracy understands the life-altering effects a semi-truck collision has on a victim. Truck accidents can happen anywhere, at any time. Due to the size and weight of trucks, collisions are typically much worse than a normal car accident. These accidents can occur due to a wide range of causes including weather, construction, fatigue, inexperience, load shifts, poor maintenance, speeding, etc. All of these factors can contribute to a catastrophic collision causing serious injury, and even death.

Florida Statute § 320.01(26) defines a “commercial motor vehicle” as one with three (3) or more axles, or one weighing in excess of 26,000 pounds.  Therefore, a wide variety of vehicles are classified as “commercial” including buses, RVs, box trucks, open flat-beds, tow vehicles, ambulances, etc.

Tractor-trailer combinations can weigh up to forty (40) tons when fully loaded, making them small “freight-trains on wheels.”  Fatigue remains one of the top causes of crashes, as does driving too fast for conditions or “over driving the truck’s brakes.”  Strict federal/state regulations exist requiring regular rest breaks which must be documented in driver logs.  Also, the trucking industry commonly utilizes supply-chain management companies, transportation logistic coordinators, various independent common-carriers, and delivery sub-contractors to ship goods and any or all of them could be liable to you following a crash.

There are many state and federal regulations governing the operation of tractor-trailers so prompt investigation is always critical.  “Black box” data is often retrievable as many commercial trucks now have onboard computers including Event Data Recorders (EDR), Electronic Control Modules (ECM), or Global Positioning System (GPS) tracking units.

Forensic reconstruction experts are often needed to recover data, personally inspect collision damage, analyze the scene, and later prepare accident-reconstruction computer animation exhibits for use at trial.  Time is of the essence in gathering such evidence, so if you’re involved in a collision with a commercial vehicle extensively photograph the truck and trailer, particularly the USDOT number on the cab. Thereafter, contact our firm for further assistance.

At Considine Law Firm we have experience in helping victims of truck accidents rebuild their lives. If you or a loved one has been injured due to the negligence of a truck driver contact us today. We will always work hard to maximize your compensation and help you rebuild your life. Contact us now for a free case evaluation (904) 636-9777.

SCOOTER/BICYCLE/PEDESTRIAN Injury

Were you or a loved one involved in a scooter, pedestrian, or bike accident? If so, the Considine Law Firm can help you seek maximum compensation. Bicycle or pedestrian-auto collisions are often serious because there is little or no protection for the victim. We can assist in holding the at-fault driver liable for their negligence and help get your medical bills paid, together with compensation for pain and suffering. We understand you have gone through a traumatic experience and want to help you move forward and get your life back on track.

Living in Florida with the beautiful weather we experience year-round, it is extremely common to see people jogging, riding bikes and scooters, walking, or otherwise enjoying the outdoors. Unfortunately, when you have individuals near a lot of vehicles there is a risk of an accident. These accidents occur due to drivers ignoring traffic signs and signals that give pedestrians the right of way, or inattentiveness due to cell phone use. Accidents involving pedestrians or cyclists are extremely serious due to the weight and impact of being struck by a 3,000 pound vehicle. Physical injuries from such an impact can be life-altering and in some cases deadly.

Florida’s “Three (3) Foot Law:” Florida Statute § 316.083 (“Overtaking and passing a bicycle”) provides motorists passing bicycles or other non-motorized vehicles must pass at a “safe distance” of not less than three (3) feet between the vehicle and bicycle.  This is so because vehicles passing at a closer distance can cause cyclists to lose control and crash although no contact is made between the two. Therefore, an injury claim can be made if a vehicle causes you to lose control without physical contact or you actually being struck.  In that instance, getting the license plate number or a good description of the vehicle is essential.

If you have been injured in a pedestrian-car collision you need an experienced attorney who will fight for your rights. The Considine Law Firm has over 25 years of experience fighting for victims of scooter and pedestrian/bicycle accidents. If you would like a free consultation to discuss your case in more detail call us today at (904) 636-9777.

MEDICAL MALPRACTICE Injury

Every year in the United States thousands of people die as a result of medical errors. A recent Harvard hospital study showed that more than 1 million people each year suffer injuries due to medical staff (doctors, nurses, technicians, anesthesiologists, etc.) neglect and medical device issues. But, medical malpractice is not isolated to just hospitals as nursing homes, doctor’s offices, urgent care clinics, and rehabilitation facilities all contribute to medical errors that result in injury or death.

Medical malpractice claims in Florida are strictly governed by Chapter 766 of the Florida Statutes, which provides a framework under which claims can be brought.  A negligent health-care provider can be a doctor, nurse, physician’s assistant, dentist, technician, or support staff member. Generally, claims must be brought within two (2) years.

Having the proper resources to investigate and litigate a malpractice case, including access to experts, is essential. The Considine Law Firm has an on-staff medical doctor who serves as the firm’s medical consultant. This is an invaluable asset for any type of medical malpractice case as in-depth medical research is often needed to show deviations from standards of care.

Common examples of medical malpractice include:

    • delay in diagnosis or misdiagnosis
    • surgical errors
    • lack of proper supervision
    • failure to sanitize medical instruments or equipment
    • delay in treatment
    • untrained or inadequate staffing
    • medication or prescription errors.

A delayed or misdiagnosis occurs when a patient fails to receive timely treatment and as a direct result his/her condition is made worse.  Surgical errors occasionally arise and may be related to faulty medical devices or implants.  The decision to recommend surgery, or the type of surgery, can also be the basis of malpractice. Lack of supervision can be related to inadequate patient monitoring or follow-up after labs or test procedures. Staffing issues may be present in hospitals or nursing homes, particularly when staff is “overloaded” or given excessive responsibilities.  Delay in treatment can be related to miscommunication or staff simply “dropping the ball.”

Because claims must be submitted or filed within two (2) years from the time your first knew, or should have known, of the negligence investigation and medical record review ideally must begin within months of the incident. 

The process mandates that qualified medical experts review the overall care and submit affidavits confirming the “standard of care was breached” causing harm to the patient.  This is a complicated process that takes time, so if you think you or a loved one are the victim of medical malpractice, please contact our firm immediately for a free consultation.  Timing in medical malpractice cases is always critical and recoverable damages include past and future medical expenses, loss of wages or earning capacity, loss of consortium (spousal affection), and pain and suffering.

If you or a family member have been injured due to the negligence of a health care provider, contact the Considine Law Firm today. Our on-staff physician will analyze and evaluate potential claims and assist families throughout Northeast Florida who have been the victim of medical negligence. Contact us today for your free consultation at (904) 636-9777. Again, medical malpractice claims must be brought within 2 years of the time the negligence is discovered or occurred.

DOG/ANIMAL Bites

If you or a loved one has been injured or bitten by a dog, cat, or other animal, there is often grounds for a personal injury claim against the owner of the animal. Animal bites are often a serious matter, both due to the physical injury or infection that can occur and the emotional trauma sustained by the individual attacked. Often attack victims will relive the event when around like animals which may lead to the development of a phobia.

You may be eligible for financial compensation due to a dog bite or animal-related injury. If you were not bitten but still injured due to being knocked down, chased, or otherwise injured you can also be compensated for those injuries. In Florida, compensation can include medical expenses, medical treatment, emotional trauma, loss of earnings, and property damage, which includes injury to other animals.

Florida Statutes §§ 767.01 and 767.04 govern injuries caused by dogs.  F.S. § 767.01 mandates dog owners are liable for “any damage” done by their dogs regardless of whether the owner had knowledge of a dog’s “vicious propensities.” Further, it is not necessary that a bite actually occur for liability to attach under Section 767.01 as victims are often hurt when knocked-down by or running away from a charging dog.

Florida Statute § 767.04 specifically addresses a “Dog owner’s liability for damages to persons bitten,” and therefore recovery under this statute requires an actual bite.  These statutory distinctions are important in a serious dog bite/injury case and our firm has experience navigating and prosecuting them.

The Considine Law Firm provides legal representation to victims of dog/animal bites. If you would like to discuss your case with us, please contact us today for a free consultation at (904) 636-9777.

PREMISES Liability

In Florida, property owners have a legal obligation to provide a safe environment for anyone invited upon their property.  This duty applies to business owners, shopping centers, airports, schools, restaurants, night clubs, entertainment venues, homeowners, public areas, apartments, condominiums, office buildings, and parking lots. Some businesses or venues are actually required to provide security. For nearly 20 years, Tracy represented hotel owners and apartment complexes through their insurance companies so we are well versed in these type of claims. If you or a loved one were hurt or the victim of a crime on a business property you need an experienced premises liability attorney in Northeast Florida.

Premises liability claims can include slip and fall accidents, construction-related injuries, wrongful death accidents, negligent security, or violent crime injury. Some typical examples of premises liability claims include:

    • trip and fall on uneven or broken sidewalk or other pedestrian hazard;
    • slip and fall on a slick floor, due to a spilled foreign substance or polishing;
    • obstructions on a stair or aisle;
    • inadequate lighting;
    • poorly-lit entry or stairwell;
    • missing or broken handrails on stairs, makeshift stair or step designs out of code;
    • dangerously displayed merchandise subject to collapse or fall;
    • swimming pools lacking gates, locks, or fencing;
    • swimming pool without clear depth markers, lights or supervision;
    • lack of adequate security resulting in criminal assault;
    • non-working locks or security gates;
    • dangerous animal/dog bites.

Under Florida law, landowners are required to keep or maintain their property in a “reasonably safe condition.”  It is up to a jury to decide exactly what is, or what is not, reasonable.  However, in making this decision it’s important to note not everyone is owed the same standard of care, and the concomitant degree of care owed depends on your legal “status” or purpose in visiting the subject property.  Also, a visitor’s status can change during the visit particularly when one enters a “restricted” area.  In general, Florida recognizes three (3) different legal statuses for property visitors: (1) Invitee, (2) Licensee, and (3) Trespasser.  The nuances of one’s status can affect your ability to bring a claim and the hiring of an experienced firm such as ours can help determine a positive outcome.  Let’s look briefly at these three (3) different statuses:

Invitee: Property owners owe the highest duty of care to “invitees,” and because they are required to keep their property (often retail establishments) in a “reasonably safe condition” they must correct or warn invitees about known hazards.  In discharging this duty, periodic inspections by the landowner or business operator are a must.

An invitee is typically someone the property owner has invited onto the property for business purposes.  The invitation need not be express and can be presumed, or even silent.  If you visit any store or mall to shop, you are an “invitee” and there for the property owners’ benefit. In theory, the business owner has “invited” you to come shop at their store.  Invitees include store patrons, hotel guests, concert and sport event attendees, moviegoers, restaurant or bar patrons, social guests, or repair persons who come to your home.

Licensee: Under Florida law, a “licensee” is one who visits a property with the owners’ presumed consent but is there for their own convenience, pleasure, or benefit.  Think of a door-to-door salesperson, delivery persons, or a neighbor who unexpectedly enters your property, perhaps to retrieve an errant ball or pet.

The historical duty owed to a licensee is less than that owed to an invitee and is simply to refrain from “willful or wanton misconduct” or intentionally exposing one to danger.  Further, the landowner must warn a licensee of hidden or “non-obvious” conditions or hazards.

Trespasser: Lastly, a “trespasser” is one who enters a property without presumed permission, invitation, or right for his/her own exclusive purposes.  Property owners owe the lowest level of care to trespassers, and the general rule is no duty of care is owed aside from avoidance of willful injury or intentional injury-producing conduct (such as setting traps).  Trespassers often include vagrants or minors entering upon vacant land completely without notice or permission.

When minors are involved, a higher trespasser standard of care may be imposed under the “attractive nuisance doctrine.”  Attractive nuisances draw curiosity and include abandoned buildings, machinery, vehicles, caves, or “swimming holes.”  Landowners may need to safeguard or fence such conditions which “contain risks beyond the realization of minors or children,” particularly when they’re aware trespassers are routinely on their property.

In conclusion, Premises Liability can be complex and a common key component to making a claim is “foreseeability of injury.”  If a landowner knew, or should have known, a certain condition may cause or produce an injury they can bear responsibility and be held legally liable.

All too often, individuals who are injured due to a business owners’ negligence are hesitant to pursue legal action. They are concerned they cannot afford to hire an attorney. The Considine Law Firm does not charge you anything unless you win. If you have been injured and want to speak with a highly experienced premises liability attorney in Northeast Florida contact us today at (904) 636-9777.

Contracts/Commercial Litigation

Businesses are always looking for ways to stay competitive and protect their interests. However, they often face legal challenges such as lease or contract disputes, intellectual property matters, unfair business practices, fraud, business divorces, theft, embezzlement, disgruntled employees, or unpaid debts to name a few. While some matters may be resolved outside a courtroom, litigation is sometimes the only means to remedy a difficult business dispute. If your business is involved in a legal dispute, you need a knowledgeable and experienced business litigation attorney on your side.

All businesses rely on profit to survive and business disputes are never a source for profit. Such disputes demand and deserve a quick resolution. Our goal is to always minimize any loss to your business and resolve the matter quickly and efficiently. Many business losses can be litigated on a contingency basis wherein you pay nothing if you don't recover.

The Considine Law Firm has extensive experience in litigating business-related matters. If you are looking to hire a reputable, experienced, and results-driven law firm for your business dispute, then contact us today at (904) 636-9777 to learn how we can assist your business.