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David Hughes Harris

David Hughes Harris

David Harris Law PA
  • Personal Injury
  • Florida
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Summary

David is an experienced personal injury lawyer specializing in major injury and wrongful death matters. David serves injured persons who have suffered serious harms and losses as the result of negligence in car accidents, motorcycle accidents, trucking accidents, boating accidents, and other serious injury and damages matters throughout Southwest Florida. At Harris Law, every client is valued. This is a client-responsive law practice. Every client's questions are answered, thoughts and inputs sought, phone calls taken or returned. Clients come first.

Practice Area
  • Personal Injury
Additional Practice Areas
  • Car Accidents
  • Motorcycle Accidents
  • Trucking Accidents
Fees
  • Free Consultation
  • Credit Cards Accepted
  • Contingent Fees
    Harris Law represents all injury clients on a contingency fee basis, which means there is no fee unless compensation is recovered for the client. Instead, the fee is a percentage of the recovery. Our contingent fees are competitive and always fair.
Jurisdictions Admitted to Practice
Florida
11th Circuit
Languages
  • English: Spoken, Written
Professional Experience
Trial Lawyer | President
Harris Law P.A.
- Current
Trial Lawyer
Private Practice
-
Assistant Public Defender
Office of the Public Defender
-
Trial Lawyer
Private Practice
-
Assistant Public Defender
Office of the Public Defender
-
Trial Lawyer
Private Practice
-
Education
American University Washington College of Law
J.D. (1995) | Trial Law Track
Activities: Co-Chair: National Moot Court Team
American University
B.A. (1991) | Political Science
Awards
Outstanding Pro Bono Service
Florida Rural Legal Services, Inc.
Professional Associations
Pennsylvania Bar
Admitted
Current
District of Columbia Bar
Admitted
Current
New Jersey Bar
Admitted
Current
Florida Justice Association
Member
Current
Southwest Florida Justice Association
Member
Current
Million Dollar Advocates Forum
Life Member
Current
Multi-Million Dollar Advocates Forum
Life Member
Current
Million Dollar Advocates Forum
Life Member
- Current
Multi Million Dollar Advocates Forum
Life Member
- Current
Florida Rural Legal Services, Inc.
Pro Bono Attorney
- Current
Florida Bar # 118850
Member
- Current
Philadelphia Trial Lawyers Association
Member
- Current
American Inns of Court, Calusa Chapter
Barrister
-
American Association for Justice
Member
-
Pennsylvania Justice Association
Member
-
Certifications
Arbitrator
Philadelphia Court of Common Pleas
Websites & Blogs
Website
Personal Injury Lawyer | Venice Florida
Website
Fort Myers Personal Injury Lawyer
Blog
Fort Myers Accident Lawyer
Blog
Fort Myers Wrongful Death Lawyer
Blog
Fort Myers Premises Liability Lawyer
Blog
Car Accident Lawyer | Venice Florida
Blog
Bicycle Accident Lawyer | Venice Florida
Blog
Motorcycle Accident Lawyer | Venice Florida
Blog
Wrongful Death Lawyer | Venice Florida
Legal Answers
38 Questions Answered

Q. If my now deceased dad have a pending injury lawsuit, does the funds pertaining to the lawsuit goes to his wife?
A: If a lawsuit is pending in court and the plaintiff dies, then a Suggestion of Death is filed, an estate created in the Probate Court, and the Estate is then substituted in for the deceased plaintiff. Only an Estate is legally recognized to proceed as a party under FL law. The Estate is created in Probate Court and a Personal Representative (PR) is appointed by the court to represent the Estate and make decisions. The PR must be a FL resident, adult, and competent (no felonies or crimes of dishonesty, etc.). The PR can be the surviving spouse, surviving child (over the age of 18), or even non-relative. Depending on the circumstances, there would be beneficiaries of the estate, including spouse and children. Proceeds recovered from a personal injury lawsuit would be distributed by the PR to the beneficiaries according to the decedent's will or intestate (no will) legal requirements. That's in a nutshell. Of course, consult a lawyer for any specifics as to how the rules would apply in your particular circumstances.
Q. As the whole world may know... My father life was taken right in front of me on June 16, 2019 on father's day night...
A: Sorry to hear of your loss. An adult survivor, including child over the age of 18, who otherwise meets the requirements under Florida, can be a Personal Representative of the Estate. Consult a probate lawyer about next steps. Please note that while your dad was "separated," Florida law does not recognize that status. Unless there was a divorce, then your dad's wife remained his wife. As such, she would be eligible to inherit a portion of the estate, known as statutory elective share. As far as whether a wrongful death claim exists, you need to consult a lawyer who handles such claims to discuss the circumstances/what happened.
Q. What can a widow and child collect for death of husband and father who was killed in a car accident
A: So sorry to hear about this tragedy. My heartfelt condolences to your family. Florida's Wrongful Death Statute (and court decisions interpreting the statute) provides for the following damages: Widow's Damages - 1. Loss of Decedent's Companionship and Protection 2. Mental Pain and Suffering from date of injury 3. Loss of Support and Services from date of injury to date of death (w/ interest) 4. Future Loss of Support and Services from date of death (at present value) 5. Medical and funeral expenses due to decedent's injury/death if paid by survivor Children's Damages - 1. Loss of Support and Services from date of injury to date of death (w/interest) 2. Future Loss of Support and Services from date of death (at present value) 3. Minor children only (under 25), or all children if there is no surviving spouse, may also recover loss of parental companionship, instruction, and guidance AND mental pain and suffering from date of the injury Compensation amounts depend on the circumstances, including identifying all responsible parties, what insurance coverage is available, etc. Also, in Florida, an Estate must be created and Personal Representative has to be appointed in the Probate Court to pursue all claims on behalf of the Estate. Hope this helps. I deal directly with every client, every time. Consults are free.
Q. Can I wait to hire a probate attorney in a pending wrongful death case? Probate is open and no assests unless we win.
A: So sorry for your loss. Not sure what this question is really asking, but under Florida law, there is two (2) year statute of limitations on wrongful death claims. See Fla. Stat. 95.11(4)(d).
Q. My dad died due to a doctor's negligence during surgery. Should his family file both medical malpractice and wrongful
A: So sorry to hear of your huge loss. Just terrible. If medical malpractice caused the death, then this would be a wrongful death claim. There are several steps in investigating and pursuing such claims, from creating an estate in probate to consulting an experienced personal injury lawyer (who actually has experience in med mal claims). Consults are typically free. Please understand that med mal claims in Florida are among the most complex and challenging because our laws are quite strict and decidedly pro-health provider. I wish you and your family the best.
Q. If the state of Florida plans to charge the individual who ran over and killed my wife with a DUI, can I still file a
A: So sorry to hear about your loss. Yes, one may proceed with a wrongful death claim while a criminal charge is pending. The person who brings the claim must be appointed as Personal Representative (PR) of the Estate by the probate court. Only the PR is authorized to pursue claims, settle claims, and file lawsuits in connection with a wrongful death.
Q. How long does my attorney have to pay me the share of the settlement in my case that was received?
A: There is no set timetable, but it should be reasonable and done as soon as practicable and possible. Settlement disbursement timing always depends on the circumstances. If there are liens (e.g. Medicare, Medicaid, private health insurance, etc.) or health provider balances (e.g. doctor(s), hospital, etc.) you want the attorney to pay, then all of these always add time because the liens and bills have to be negotiated and paid before money is paid to the client. If there are no liens, bills/balances, or other creditor issues, then about 2 weeks, which includes check deposited into the lawyer's trust account (this is mandatory), funds clearing (2-3 business days depending on bank), and sitting down with you to review the closing statement (showing how the money is being distributed) for your approval, and then providing you your net recovery check. There should be no problem or resistance in setting up a call or meeting as soon as possible to discuss your concerns. Every lawyer should be transparent about this closing process. Every lawyer is ethically bound to be honest in providing their services to you.
Q. Can a bagged salad company be responsible for medical bills related to food contamination?
A: Every product liability claim like this requires evidence/proof. If you can prove (a) your food was contaminated, and (b) your illness or injury was caused by the contaminated food product, then (c) you may pursue a claim for damages (financial compensation). If no actual harm results, then you would probably receive a refund for the purchase. Depending on the circumstances, you may be offered a small sum for your unpleasant experience.
Q. Can I sue my doctor?
A: Consult a lawyer. Medical malpractice claims are very challenging under Florida law, even where a clear error is made. Accordingly, consult an attorney experienced in medical malpractice in your locale. These consults are typically free.
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Contact & Map
David Harris Law P.A.
871 Venetia Bay Boulevard
Suite 223
Venice, FL 34285
USA
Toll-Free: (888) 294-8090
Telephone: (941) 404-9001
Cell: (941) 600-9494
Fax: (941) 296-8178
David Harris Law P.A.
5237 Summerlin Commons Blvd
Suite 206
Fort Myers, FL 33907
USA
Toll-Free: (888) 294-8090
Telephone: (239) 275-2274
Cell: (239) 898-9050
Fax: (239) 236-0940