Negligence
Most of our practice involves litigation of negligence claims.  Negligence comes in many forms, from general negligence to products to medical malpractice and other forms of injury caused by another person.

Negligence requires a duty to another person, a breach of that duty, and proof that the breach of the duty is the cause of the damage you have suffered.  Proof of negligence, or proof of negligence in one of its forms, may entitle you to damages.  If negligence can be established, and the party who injured you has either insurance or sufficient assets, the law may allow you to recover monetary damages.  Putting together all these elements, providing and developing the correct proof and finding sufficient funds to recover is where the process of compensation under our system begins.

At Winston & Clark, we thoroughly investigate your claim, have it reviewed by the appropriate experts as needed and then litigate your claim to resolution or jury verdict, depending on what is right for you and your family. We believe in focused individual attention to our clients.  Our four attorneys and staff of fifteen trained legal secretaries and paralegals work together with you to effectively represent you and do everything possible to maximize your recovery as quickly as possible.

Commercial Litigation
Many civil cases arise from business or consumer related disputes.  We have represented claimants in commercial litigation from individual consumers to small businesses to Las Vegas Casino owners to banks and insurance companies. Business persons and companies don’t always agree, and that’s where we come in.  We will partner with your business in many sorts of commercial claims and litigations.  Whether you have a landlord – tenant or lease problem, a breach of contract, a fraud claim, a collections case or even a legal malpractice case, we will help you get a full  measure of justice.  If you have been wronged, we will usually be able to partner with you on a contingency fee basis.  If you are owed money and we can collect it for you, we will try to give you a choice between an hourly retainer and a contingent fee.  Justice does not have to be reserved only for the wealthy.  In fact, we pride ourselves on representing “the little guy” in most of our cases.  If your case has merit – we want to help you!

Wrongful Death
Perhaps the most significant loss a client can suffer is that of the death of a loved one or family member.  Wrongful death in Florida is a death caused by the negligence or misconduct of another party.  Wrongful death can occur due to any number of causes such as car crashes, medical malpractice, or dangerous products.

Due to changes in statutes of limitation when an injury results in a death, it is imperative to take legal action and to retain qualified attorneys as soon as possible after an incident that results in the demise of a relative or loved one.  If a loved one’s life is lost through the negligence or misconduct of another, we stand ready to do everything necessary to recover everything that you are legally entitled to.

Insurance Claims
Quite often, legitimate claims brought by an insured against its carrier for “first party” benefits under a contract between you and your insurance company are denied.  If the insurance company denies benefits for any reason we can help.  We have brought claims against insurance companies on behalf of clients in the areas of property damage, disability benefits, medical coverage and many other areas in which clients have had legitimate claims denied by their own insurance companies.

Sometimes the experts required range from insurance experts with expertise in the insurance industry and how it works to experts in various fields of particular coverage, i.e., windstorm and flood damage, marine claims and any other matter in which insurance companies deny benefits for claims that should be covered under a policy for which you have been paying premiums for months or years.  In every case, Winston & Clark retains the correct experts for the matter and applies the years of experience accumulated by its team of attorneys to achieve the best result in your case.

If an insurance company refuses to provide coverage for its own insured who may have injured you, the insurance company may have acted in “bad faith” under Florida law.  If so, we stand ready to take the insurance carrier to court to make sure you obtain the coverage and recover the damages to which you are entitled.

At Winston & Clark, we thoroughly investigate all of our claims, and “work them up”. This means we will pay to develop it with the right investigators and experts. For instance, a slip and fall case may require an expert in the building code, a medical malpractice case will require doctors, an airplane crash will likely require pilots and engineers to testify about exactly why you are entitled to money from the defendant who caused your injury.  If you’re badly hurt, we may hire an economist to tell the jury about how your lost wage claim works out in the future, or we may hire a vocational rehabilitation expert to set up a life care plan for your future care.  The firm prides itself on its use of technology as well.  Our offices are paperless and organized, and we use Legal-Eze Graphics Company for accident animations, medical illustrations Power Point presentations whenever possible.  We will spend the right amount of money to make your case the best it can be before we present it for a settlement or trial.  See our trial exhibits page for some examples of our work in trial.

You don’t have to go to court if you don’t want to.  We will often try to settle your case before we file suit, to spare you time and expenses out of your money recovery.  It is nice to know that the insurance companies keep track of which attorneys will go to trial in the first place, and who have the experience and the ability to do an excellent job.  If you are being represented by another attorney, ask him of her to tell you exactly how many jury verdicts he or she has obtained in your kind of case.  Then ask how many were in excess of a million dollars. 

We pledge to work your case up aggressively and settle it for its fair and just value (when YOU are ready), and if necessary we will litigate your claim to a court settlement, resolution or jury verdict, depending on what is right for you and your family.  We pay the costs in advance and you pay nothing if we don’t get you money.