Florida Truck Accident Lawyer

REVIEWED BY:

Joshua Winegar, Personal Injury Attorney

April 24, 2024

florida truck accident lawyer accident scene

The best Florida truck accident lawyers at Winegar Law can help

Winegar Law is a Florida personal injury law firm that helps to maximize compensation for injury victims involved in a Florida truck accident. Accidents involving large trucks like 18-wheelers and semi-trucks are often very serious, resulting in fatalities and catastrophic injuries. If you’ve lost a loved one in a fatal truck crash, you may have grounds for a Florida wrongful death claim.

Steps to take immediately after a Florida truck accident

Move to a safe location

Ensuring your safety by alerting other drivers to your presence by any means necessary. If possible use hazard lights, reflectors, roadside flares, etc. to increase your visibility on the side of the road.

Exchange information

This includes the other driver, truck drivers, passengers and any witnesses. This includes the name, address, insurance information, and driver’s license numbers of anyone involved.

Take pictures of the truck accident scene

Some key elements to take photos of include:

License Plates
Vehicle Damage
Road Conditions
Traffic Signs / Signals
Injuries
Weather Conditions
Witness Photos
Overall Scene

File a police report

Filing a police report establishes an official record of the accident, and should provide an unbiased account of the events. A police report will cover details such as:

Date, time and location
Weather conditions
Vehicle types
Vehicle damages
Driver information
Injuries sustained.

If you feel an officer overlooked an important detail, politely ask to have it included. This crucial document will be used as a foundation for insurance and/or personal injury claims. It helps in determining fault, assessing damages, and ensuring an accurate representation of the circumstances

See a doctor

Seeking medical attention as soon as possible is vital to your Florida truck accident case.

Just as the police report is the official documentation of the accident scene, your medical visits serve as the official record of your injuries. They not only serve to keep records of your costs, but also establish a link between the accident and your injuries. The best Florida accident lawyers can request copies of your medical records on your behalf if needed.

Even if you don’t think you’re injured, it’s important to see a doctor

Symptoms can be delayed due to adrenaline and shock. Truck accident injuries with delayed symptoms can include:

Whiplash: Neck and spine injuries might take hours or days to surface.
Concussion: Head injuries may cause headaches, dizziness, or cognitive issues later on.
Internal Injuries: Injuries to internal organs pose serious risks and may not be immediately obvious
Soft Tissue Injuries: Damage to muscles, ligaments, or tendons can lead to chronic inflammation
Emotional Trauma: Psychological conditions, like post-traumatic stress disorder (PTSD)
Delayed Pain: Musculoskeletal injuries may cause long lasting or permanent reduced range of motion

Contact your insurance company

While you should make your insurance company aware of the situation, going too far without a top rated Florida truck accident lawyer on your side may jeopardize your case. Insurance companies may be looking for ways to minimize your claim. You may find yourself out of your element, feeling pressured to take a fast settlement or even have your statements used against you to deny the claim altogether.

Get legal help

Consulting with one of the best Florida truck accident lawyers at Winegar Law will help put your case on solid ground. The faster you are able to take legal action, the greater the chance of a successful outcome. Taking too long can result in missing the statute of limitations, deterioration of evidence or details being forgotten. Don’t delay, call us today at:

When is a vehicle considered a “truck” in a Florida truck accident case?

Determining when a vehicle is a truck in a truck accident lawsuit involves analyzing the following factors:

Size: Trucks are generally larger than standard vehicles and may fall into specific size categories based on regulations.
Weight: Trucks are typically heavier than regular vehicles, and weight limits can help classify them as commercial trucks.
Purpose: The intended use of the vehicle matters; if it’s primarily for commercial purposes, it’s more likely to be considered a truck.
Registration / Licensing: Commercial trucks often require special registrations and licenses, which can be a key factor in determining their classification in a truck accident lawsuit.

While trucks typically are larger and heavier than cars, this may not always be the determining factor. For example, a van that is used to transport construction materials may be considered a truck, while a truck registered as personal transportation may not be.

Why is it important to distinguish the difference between car accidents and truck accidents?

Legally speaking, its important to understand what is classified as a truck because it can affect the liability of the parties involved. For example, if a car collides with a truck or commercial vehicle, the car driver may be found at-fault if the truck was properly operated and was not violating any traffic laws. However, circumstances may change if the truck was overloaded, failed to abide by trucking regulations or found in violation of company policy.

Vehicles classified as trucks in a lawsuit could include:

18-wheelers
Garbage / dump trucks
Tractor-trailers
Tow trucks
Tanker trucks
Concrete mixers
Construction transports
Delivery trucks
Logging haulers
Flatbed trailers
Post Office mail trucks
U-Hauls
UPS / FedEx trucks

Trucker Fatigue: A Serious Safety Hazard

Trucker fatigue is a serious safety hazard that can lead to accidents, injuries, and fatalities. Federal regulations are implemented by the Federal Motor Carrier Safety Administration to limit the number of hours that truckers can drive during the week, but these regulations are often ignored.

The consequences of trucker fatigue can be deadly. In 2023, there was approximately 4,200 fatal crashes involving large trucks in the United States. Of these crashes, 815 were attributed to driver fatigue.

Truck lobby groups argue that regulations are too restrictive and make it difficult for their members to make a living, while safety advocates argue the regulations are not strict enough.

Not all truck accidents are a result of fatigue, some other factors include:

Using electronic devices while driving
Not properly securing cargo
Exceeding weight and/or size limits
Losing control during adverse weather conditions
Operating under the influence of drugs or alcohol

FREE CASE EVALUATION | Online Form or call 24/ 7 at (866) 531-6001

How a Florida truck accident attorney at Winegar Law can help

Investigating the accident: Our truck accident attorneys will investigate the accident to determine who was at fault. We will gather evidence, interview witnesses, and consult with experts to build a strong case.
Negotiating with insurance companies: We will negotiate with the insurance companies on your behalf to get you the maximum compensation possible. We have a proven track record of success in getting our clients fair settlements.
Going to court: If necessary, we will take your case to court to fight for your rights. We have the experience and resources to win your case.
Fighting for the compensation you deserve: We work tirelessly to recover for your injuries, lost wages, pain and suffering, and other damages.

Recovering damages after a Florida truck accident

If you have been injured in a truck accident in Florida, you may be entitled to recover damages for your losses. The types of damages that you can recover will depend on the specific circumstances of your case.

Some of the most common types of damages that are recoverable in Florida truck accidents include:

Medical expenses: This includes the cost of all medical treatment that you have received or will need to receive in the future, including doctor’s visits, hospital stays, surgery, and prescription medications.
Lost wages: This includes the money that you have lost or will lose as a result of being unable to work due to your injuries.
Pain and suffering: This is a non-economic form of damages that compensates you for the physical and emotional pain and suffering that you have experienced as a result of the accident.
Property damage: This includes the cost of repairing or replacing any property that was damaged in the accident, such as your car or your belongings.
Loss of consortium: This is a type of damages that is available to spouses who have been injured in a truck accident. It compensates them for the loss of the companionship, love, and support of their spouse.

You may also be able to recover other damages. Punitive damages are awarded to punish the defendant for their reckless or intentional conduct. Emotional distress damages are awarded to compensate you for the emotional pain and suffering that you have experienced, such as anxiety, depression, or post-traumatic stress disorder.

The amount of damages that you can recover depends on the specific circumstances of your case:

The severity of your injuries
Amount of lost wages
Determining percentage of fault

Here are some additional tips for recovering damages after a Florida truck accident:

Get medical attention immediately. This is important to document your injuries and to start the process of getting treatment.
File a police report. This is important to document the accident and help understand who was at fault.
Gather evidence. Take pictures of the accident scene, getting the names and contact information of witnesses, and preserving any medical records or other documentation related to your injuries.
Hire an attorney. An experienced Florida truck accident lawyer can help you understand your legal rights and options, and help you navigate complex legal procedures.

FREE CASE EVALUATION | Online Form or call 24/ 7 at (866) 531-6001

7 Mistakes to avoid when dealing with a Florida truck accident

common mistakes to avoid in a florida truck accident

Admitting fault. Even if you think you are at fault, it is important to avoid admitting fault to the other driver or to the insurance company. Anything you say can be used against you later.
Signing anything from the insurance company. The insurance company may try to get you to sign a release or a settlement agreement before you have had a chance to fully understand your legal rights. Do not sign anything without first talking to an attorney.
Not getting medical attention. Even if you do not think you are injured, it is important to get medical attention after a truck accident. Some injuries, such as concussions, may not be immediately apparent.
Not taking pictures of the accident scene. Taking pictures of the accident scene can help you document the accident and to prove your case later.
Not getting the names and contact information of witnesses. Witnesses can provide valuable information about the accident, such as what happened and who was at fault.
Not hiring an attorney. An experienced personal injury lawyer can help you understand your legal rights and options, and they can help you recover the compensation you deserve.
Waiting too long to file a claim. Time limits exist for filing an accident claim in Florida, also known as the statute of limitations.

Cities in Florida where the most truck accidents occur

According to the Florida Department of Highway Safety and Motor Vehicles, the following cities have a higher percentage of truck accidents compared to others in the state:

Orlando: Major transportation hub with many theme parks and tourist attractions.
Tampa: Home to a large seaport making it a vital destination for trucks
Miami: Major shipping port and popular tourist destination.
Fort Lauderdale: Large airport and core trucking routes
Jacksonville: The largest city in Florida.

Some reasons why these cities have the most truck accidents are:

High traffic volume, Heavy truck traffic, Congestion, Weather conditions
Florida is known for its hot weather and rain, which can make the roads slippery and dangerous. This can lead to more accidents, especially involving trucks.

Here are some tips to help avoid truck accidents:

Give trucks plenty of space when driving.
Do not tailgate trucks.
Be patient and do not try to pass trucks in dangerous situations.
If you see a truck that is driving erratically, pull over and let it pass.

FREE CASE EVALUATION | Online Form or call 24/ 7 at (866) 531-6001

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Testimonials

Success Stories from Winegar Law Clients

Our Office Locations

West Palm Beach

(561) 717-0447

801 Northpoint Pkwy Ste 3C,
West Palm Beach, FL 33407

Miami

(305) 200-3273

1900 N Bayshore Dr 1A #132,
Miami, FL 33132

Daswell McLeod

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I have to give great credit to the team at Winegar Law. They stood by my mom step by step throughout a very stressful ordeal and showed genuine empathy and concern for her. They were readily available to give us updates on the progress of her case and came through for her in her time of need.I would recommend this team 10/10Thanks again guys from the bottom of my heart!

Kailee Baxter

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I had the pleasure of being represented by Joshua Winegar in a personal injury case, and I cannot recommend him highly enough. From the moment I began my search for representation, Joshua and his team stood out for their exceptional service. Not only did they secure a sizable settlement for me, which far exceeded my expectations, but the professionalism and ease of communication throughout the process were unparalleled.From the outset, Joshua's office made everything as straightforward as possible. Preparing all the necessary documents could have been a daunting task, but with their guidance, it was handled in an expedient and efficient manner. This level of organization and attention to detail was reassuring and made me feel supported at every step.What truly set Joshua apart was not just his legal expertise but his genuine commitment to my case. I was thrilled with the outcome, but more importantly, I felt respected and valued as a client from beginning to end. Choosing Joshua Winegar as my attorney was the best decision I could have made, and I am deeply grateful for his dedication and the outstanding result he achieved on my behalf.If you're in need of a personal injury attorney who will go above and beyond to ensure the best possible outcome, look no further than Joshua Winegar. His professionalism, expertise, and compassionate approach make him a standout choice.

Valerie D

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The Winegar Law Team are patient and professional. They've done a great job on my behalf. I didn't know where to turn. My Father did some research and found them for me and they were confident and informative. They never over promised me anything, but were frank and upfront. Despite the challenges, these guys have gone above and beyond. I highly recommend them.

Jennifer Gutierrez

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Great firm! I had no idea what to do when I got in my car accident. It was overwhelming and stressful situation! But they held my hand through the process and got me a tremendous result! Thank you, Winegar Law again!

Elsy

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He is very honest and trustworthy and communicated the whole time

mr Green

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Professionally helped in only a matter of minutes

DJ Trance

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I was involved in a car accident, and Steven Winegar really went the above and beyond to ensure I would be at ease during my recovery process, was available when needed for questions and a smooth process. They were able to find additional policies that I would be able to utilize to help cover injuries, bills and just felt like being looking out for by family.

Kathy Bordenski

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Awesome firm with awesome resultd

Van Chris103

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Josh, Steven and their team are no pushovers. I never felt like just an average client, never! From start to finish and even after my case was won, I still continue to feel a special bond with this firm! My accident case was complicated based on my injuries. What got me was that they really listened and investigated everything! Their network of doctors were phenomenal. I thank them from the bottom of my heart. They got it done right! Great team guys!Vanessa S.

AHS

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We greatly appreciate his honesty and appreciate his firm's help

Zachary Bloom

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Went to Wingar law after a severe car accident, I couldn’t really do anything in the start of this journey and Wingar Law did everything on their end: scheduled appointments, talked to Doctors, talk to the police, explained things to my wife, everything. They genuinely care about each case. I’m also happy to say that we reached a happy ending with the insurance provider as well. My advice for everyone, get a dash cam for your car. If you can’t remember, or speak on your behave- the video will say a lot to what happened. I highly recommend this firm, and will be spreading their name through my friend groups.

Linda Biorge

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Winegar Law is amazing. I consider myself totally fortunate to have had Winegar Law representing me with my lawsuit. If I could give more than 5 stars it would be at least a 10! So professional and personable. They are great listeners, continually stayed in touch with updates and they care about their clients. This is the very best Law Firm. I couldn't have found anyone better!

Eva Montgomery

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Joshua was able to get a good result for me, more than I had anticipated. I live across the state from him and found him on the internet. He sounded like a good and caring person. We both stood by each other through a few misunderstandings, and the outcome was worth it.

Sebastien Berrouet

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I'm so grateful for the work Winegar Law did and the result they were able to get for me. I was involved in a horrific bike accident when a driver ran a red light in front of me and and crashed into me in the middle of the intersection. I was in the hospital for days and had emergency surgery and was stuck with massive hospital bills.After seeing their reviews and the results they've gotten for other seriously injured clients, my family and I contacted Winegar Law. We knew I needed a personalized experience that would jump on my case aggresively out the gate. Mr. Winegar and his staff did just that and more. They were able to find me insurance coverage that I would have never known to look for on my own and still got me a great result even with such a high amount in hospital bills. They turned a horrifying and stressful accident into a breeze for me and my family. If you're ever in a situation like mine and need a personal injury, I would call the Winegar law firm immediately.

Trevor Bercich

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I can't say enough about my experience with Winegar Law. After my car wreck, I originally hired a large firm but after never hearing from anyone, I decided to go in a different direction. After doing some research and reading other reviews, I chose Winegar Law for a more personalized, one-on-one experience. They absolutely did not disappoint. Mr. Winegar and his staff were in constant communication with me from the start and hand-held the entire way through settlement. They were always accessible by phone, text, and email to give me updates, even on weekends and after hours. Their hard work and dedication led to a fantastic result in my case. If I was ever involved in a car accident again and needed an aggressive but caring attorney, I wouldn't look elsewhere.

Erna Bonenfant

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Victoria Taylor

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Amazing attorney. Extremely caring and makes you feel like family.

Rashad Barganier

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I’ve worked with great Attorneys before, but Attorney Winegar is in a lane of his own. His communication was A1, he gave my entire case personal attention, answered any and ever question I had, and got me a very favorable settlement. I highly recommend his firm for all legal needs!!!

Tony Smith

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I recently had a small situation going on an contacted Winegar Law,i spoke with Mr Josh,he guided me threw step by step an help my case greatly,he was very professional an straight forward,i understood everything he was explaining to me.I would recommend Winegar law to anyone who need an personal injury lawyer. Thank you to the up most for your help.

Lindsay Westcott

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Winegar Law is the BEST! Very attentive, reliable, honest, gets great results for you, and makes it extremely convenient for you to continue with your personal & work life while he works hard for you. Our case turned out better then I could’ve hoped for. He was by our side through every single question I had and touched base on the regular. A friend recommended Josh to us, and I’m very glad she did. I will highly recommend this firm to anyone who needs a great and friendly lawyer and I will continue to use his services for anything I ever may need. Truly, thank you!

rob hayes

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Very knowledgeable and helpful!

Alisson De Pomar

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They take pride in their work and genuinely care for their clients. I would highly recommend this firm's services to anyone seeking an outstanding attorney.

Ben Kuechel

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Thank you Josh for all your help and knowledge with my vehicle accident.

Jennifer May

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Honest, dependable, and hard-working. They truly go to work for their clients. Could not have had a better experience. Don’t hesitate to reach out to them - you’ll be glad you did!

Melissa McCracken

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Arthur Peck

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Rebecca Johnson

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Joshua Winegar was the attorney for my husband after his car accident. Mr. Winegar was there every step of the way. From me frantically going over everything while in the E.R. to my 80 million questions first thing in the morning. He is very accessible.He is a very patient, and knowledgeable man. When speaking with him you can tell he genuinely cares, not just about your case but about you. Mr. Winegar got our case settled swiftly with a great outcome.

Jose Martinez

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Josh n. His team worked very hard 4 me I give them A. 5. Star. ⭐⭐⭐⭐⭐ rating. Thak u very. Much

Crise Johnson

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I contacted a few law firms before Mr. Winegar and the other lawyers made me feel like my case wasn’t important. When i spoke to Mr. Winegar he was very welcoming and caring along with the rest of his team. He went all out for my case he is truly the best and the outcome was amazing! I highly recommend Joshua Winegar, you won’t regret it.

Tennille Coleman-Phillips

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He's the best when it comes down to his clients an getting u the absolute best recovery. He answers when u call, unlike these other lawyers always having their receptionist take a message. His staff returns calls an answer your questions as if it was their case. I've never encountered anyone who's best interest is you. He's on speed dial for all my family an friends. WINEGAR is the number1 lawyer out there. If your not with winegar u dont want the best. Im a Happy client.

Mark Goldman

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Highly recommend this firm- A++

Jessica Alperin

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Highly recommended!

Christie Hawkesworth

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Rebecca Baidwan

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I can't thank Joshua And his team enough. After my car accident I spoke with Josh and he made me feel very comfortable and at ease. He took the time to explain everything that was going to have to happen, and he even help me find the right doctors . And when we found out that I needed a major surgery he was on the phone with the hospital to push them to get me in sooner. The accident was June 29th. And he has already got the max settlement for me! I could go on and on but I won't. Thanks Josh!!

Laura Rodriguez

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The firm is so warm and welcoming. Everyone I encountered at this law firm was friendly, informative, and genuinely cared about my case. They went above and beyond to get the best result possible and was impressed by the attention to detail and professionalism. They always communicated with me, and the result of my case far exceeded my expectations! I highly recommend Winegar Law for anyone in need of a true advocate on your behalf

Patricia

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Mr. Winegar represented my interests with the upmost professionalism and made himself accessible to answer any questions I had during the process. The staff was also wonderful. I strongly suggest you speak with Joshua Winegar if you have a personal injury case and need aggressive representation .

Rita Winegar

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Rich Nice

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Prepare yourself for an exceptional representation experience when you become a client of Joshua Winegar, quite simply you are working with the best.I had a highly complex case against a very able adversary. Mr. Winegar and his firm represented me in the most exemplary fashion. The case was handled quickly, professionally, with great decency and immense legal talent. Joshua has always conducted himself with professionalism and an uncanny ability to get favorable results.I will return to Winegar Law P.A. for any legal needs I may have in the future. If you want to win your case I cannot recommend any one else.

Brett McAdams

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Josh and his team are a group of prodigious, dedicated and hardworking people. They helped me when I was rear-ended in March of 2018. I reached out to him while I was lost and had no idea what to do as this was the first accident I have been in.When I called I was met with a warm welcome where I informed Josh about the situation and let him know the extent of my concerns, injuries, and damage to my vehicle. He laid out for me, very clearly, exactly how he would approach the case and each step he would take in settling my case. This put me at ease as the process and legal verbatim can get a bit confusing without a degree.He is a knowledgeable, experienced, successful attorney. More importantly, he is a compassionate, honest human being, which is essential when it feels as though your life is falling apart. I highly recommend him and his firm. My case turned out far better than I had hoped for.They were always in touch, always had all the answers to any questions. This law firm carried me and my family through the most horrible time of my life. They were always there for us day by day. It gave me time to concentrate on healing. A level of trust and caring that I will always be truly grateful for.I would highly recommend Josh if you are looking for somebody that not only cares about winning your case but also cares you as his client.

Kaila Johnson

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The absolute best attorney!! Helped my family of five that was in a car accident get the help we needed promptly.

Kevin Baker

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Amazing service.

Harris Baker

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Rubric's MotoVlog

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exceptional Lawyer, would recommend to my family and friends. Really made me feel comfortable, that i was in good hands.

Nicole Baraz

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JB Jillian

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Daniel Simmonds

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Prompt, intuitive and always accessable.

Jorge Gonzalez

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Honestly this man was like an angel that fell from the sky the day I suffered an accident which injured me severely. He is an expert, very warm and will follow up with your case from time to time, giving you updates when you need them most. I was very satisfied from start to finish. You can't go wrong with Mr. Winegar!

Diana Lentz

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Gerard Jean

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What a awesome law firm this is, they treat you like family and I mean family.there is no cut & paste here,it means they say what they mean.and mean what they say.im glad I had the pleasure of finding this firm that gave me a 100% of there time, not like other firm that gives you the run around. Not taken your calls there to busy I’ll call you back and never do.Winegar Law,P.A has your best interest at heart.im not just saying it,I live it.......so I recommend this firm and I stand by my word. You guys keep up the good work. The world need more Lawyers like you guys. Thank you so much.......