A serious injury case is built on evidence that disappears quickly.

Insurance companies price a claim by asking one question: will this lawyer try the case? Every injury matter at Powell Law Offices is prepared so that the answer is plainly yes.

William M. Powell has represented injured people and the families of people who were killed for more than four decades, in the state courts of Southwest Florida and in federal court. The work begins the same way in every case: find and preserve the evidence before it is lost, identify every responsible party and every insurance policy, and document what the injury has taken from the client and the family.

What the firm handles

Automobile, motorcycle and trucking collisions

Crashes on Interstate 75, U.S. 41, Colonial Boulevard, Daniels Parkway and the roads of Lee, Collier and Charlotte Counties produce most of the serious injury cases in this region. Modern vehicles record speed, braking and steering in the seconds before impact; commercial trucks carry electronic logs and are governed by federal safety regulations; intersections and businesses keep surveillance video for days, not months. A preservation letter goes out immediately so that this evidence is still there when the case needs it.

Boating and watercraft accidents

Florida leads the nation in registered vessels and in boating accidents. Collisions on the Caloosahatchee, in Estero Bay and in the Gulf raise questions of navigation rules, operator experience, intoxication and rental-company responsibility, and may be governed by federal maritime law as well as Florida law. The firm's results include a claim arising from a personal watercraft collision.

Aviation accidents

Mr. Powell is a licensed pilot with more than 1,000 hours in the air. Aircraft accident cases turn on weather, maintenance records, pilot decision-making, air traffic communications and the mechanics of flight—subjects many lawyers must learn entirely from hired experts. The firm reads the NTSB file, the maintenance logs and the radar data with a pilot's understanding, and evaluates claims against operators, maintenance facilities, charter companies and manufacturers.

Premises liability and negligent security

Property owners and businesses must keep their premises reasonably safe and warn of dangers they know or should know about. Falls caused by unmarked holes, broken walkways, transitory substances in stores, and inadequate lighting or security at apartment complexes, bars and parking lots are all actionable when the owner's negligence can be proved. Florida law sets specific requirements for proving a business knew about a dangerous condition, and 2023 legislation changed how fault is apportioned in negligent-security cases, so these claims require early investigation of incident reports, maintenance records, prior complaints and police calls to the property.

Wrongful death

When negligence causes a death, Florida's Wrongful Death Act allows the personal representative of the estate to bring one action for the benefit of the surviving spouse, children, parents and dependent relatives, and for the estate itself. Each survivor's damages—loss of support and services, loss of companionship and guidance, and mental pain and suffering—must be proved separately, and the law limits which survivors may recover certain damages depending on their relationship and age. The firm handles wrongful death claims arising from vehicle crashes, drownings, institutional neglect and medical negligence.

How Florida's 2023 tort changes affect your claim

Legislation effective March 24, 2023 changed several rules that matter in every injury case:

• Two years, not four. A negligence claim that arose after March 24, 2023 must generally be filed within two years. Claims that arose before that date keep the former four-year period.
• Modified comparative negligence. A plaintiff found more than 50 percent at fault recovers nothing. (Medical negligence claims are excepted.) How fault is argued and proved has become decisive.
• Medical expense evidence. New rules govern what evidence of medical bills a jury may hear and require disclosure of letters of protection and related arrangements.

These changes reward early, careful preparation and penalize delay. A claim that would have been straightforward a few years ago can now be lost on the calendar or on the apportionment of fault.

Claims against government agencies

When the responsible party is a city, county, sheriff's office, school board, state agency or public hospital district, the claim is governed by section 768.28, Florida Statutes. Written notice must be presented to the agency (and, for most claims, to the Department of Financial Services) within three years of the incident—two years for wrongful death—and the agency has a period to investigate before suit may be filed. Recovery is capped at $200,000 per person and $300,000 per incident unless the Legislature passes a claim bill or insurance beyond the cap applies. Some hospitals and clinics in Southwest Florida are public bodies, so this statute can apply to medical negligence claims as well.

After a serious injury

• Get medical care and follow the treatment plan. In a motor vehicle case, Florida's no-fault law requires initial treatment within 14 days for PIP benefits to be available.
• Photograph the scene, the vehicles, the hazard and the injuries while they are fresh.
• Write down the names and numbers of witnesses; they are hard to find later.
• Keep the damaged property—the vehicle, the helmet, the shoes, the product—until a lawyer has seen it.
• Do not give a recorded statement to the other side's insurer, and do not sign releases or medical authorizations, before speaking with counsel.
• Report the crash to your own insurer as the policy requires; your uninsured/underinsured motorist coverage may be the most important policy in the case.

No fee unless we recover

Injury and wrongful death cases are handled on a contingency fee. The firm advances the costs of investigation, experts and litigation, and is paid a percentage of the recovery only if the case is won by settlement or verdict. The fee agreement and the Florida Bar's Statement of Client's Rights are reviewed with every client before signing.