Trucks are regular fixtures on the roads in Melbourne, Florida. Although most travel without incident, their sheer number increases the risk of accidents. If you suffered injuries after such an incident, you can file a truck accident claim.

Relevant Truck Accident Laws and Regulations in Florida

Florida has truck accident laws and regulations. It’s important to know how fault and liability are established, the statute of limitations for filing a claim and Federal Motor Carrier Safety regulations.

Establishing Fault and Liability

According to Florida Statute 768.81, some truck accidents are based on comparative fault. This applies when a person suffers injuries in an accident but is partly responsible. For example, a car cuts off a speeding truck. The person in the passenger vehicle is determined 40% at fault while the trucker is considered 60% responsible.

Although the trucker may be at fault, many truck accidents involve more than one liable party. Depending on the circumstances, the trucking company, truck owner or parts manufacturer could also be responsible.

Statute of Limitations in Florida

According to Florida Statute 95.11, accidents based on negligence carry a two-year statute of limitations. This includes truck crashes. In some cases, the timeframe for filing a claim may be extended. For example, the victim’s injuries are not immediately apparent.

Federal Motor Carrier Safety Regulations

The trucking industry is regulated by the Federal Motor Carrier Safety Administration (FMCSA). Regulations apply to commercial trucks, drivers, trucking companies and all industry staff areas. Truckers must be properly trained and work a set number of hours. They must take rest breaks to prevent potential accidents caused by fatigue. Trucks must be regularly inspected to ensure they’re safe to travel.

Trucking companies and staff must comply with all FMCSA rules and regulations. If they fail to do so, they can face penalties.

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Medical Expenses and Compensation in Florida

In Florida, damages from truck accidents can be extensive, warranting compensation. This includes different types of medical expenses, lost wages, other recoverable damages and long-term care and rehabilitation costs.

Types of Medical Expenses

Depending on your injuries from a truck accident, you may have different medical expenses. This might include hospital stays, surgeries, dental treatments, prescription drugs and corrective devices.

Calculating Lost Wages

Lost wages can be calculated by establishing the number of days missed from work and factoring in the person’s regular wages. An official letter from the employer and a pay stub can show how much an injured victim has lost due to the truck accident.

Recoverable Damages

Different damages are recoverable in a truck accident. These include economic, noneconomic and sometimes, punitive damages. Regarding the latter, you might recover compensation if the accident was caused by gross negligence or an intentional act like road rage.

Long-Term Care and Rehabilitation Costs

Injuries from truck accidents are often catastrophic and take ample time to heal or remain for the rest of the victim’s lifetime. In either situation, long-term care and rehabilitation are needed. Some of these costs are covered by health insurance, but some may be out-of-pocket, making them recoverable in accident claims.

Common Causes of Truck Accidents in Melbourne, Florida

In Melbourne, Florida, certain factors can cause truck accidents. The most common are driver fatigue, distracted driving, improper vehicle maintenance, speeding and aggressive driving, improper loading or cargo shifts and blind spots.

Driver Fatigue

Driver fatigue is a common problem in the trucking industry. Truckers work long hours and travel significant distances each day. Unfortunately, this and being ill can lead to fatigued driving, which is equivalent to driving under the influence.

Distracted Driving

Truckers must be alert while working, or they can have a distracted driving accident. Sadly, their jobs require them to perform different actions at the wheel, which can cause them to lose focus.

Improper Vehicle Maintenance

Trucks must be inspected for every 10,000 to 20,000 miles traveled. This ensures the vehicle is in good condition and can proceed safely. Without regular maintenance, catastrophic truck accidents can occur.

Speeding and Aggressive Driving

According to Florida Statute 316.1923, aggressive driving involves excessive speeds, unsafe lane changes and other dangerous behavior that poses risks on the road. When a truck driver performs these actions, it can lead to horrific crashes resulting in severe injuries and even death.

Improper Loading or Cargo Shifts

A truck’s cargo must be properly loaded and meet weight requirements set by the FMCSA. Anything less than those standards is a major cause of truck accidents.

Blind Spot Accidents

Trucks have multiple blind spots, which prevent drivers from seeing around them. Often, passenger vehicles cause accidents because they travel in those spots by following too closely behind or improperly changing lanes.

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The Claims Process in Melbourne, Florida

There are steps involved in the claims process in Florida. They include seeking medical attention, reporting the accident, gathering evidence, notifying your insurance company, consulting with a truck accident attorney, investigation, negotiation, settlement or lawsuit, litigation and resolution.

Seek Medical Attention

Truck accidents often cause catastrophic injuries that can be permanent. Seeking medical attention is paramount because it can prevent your condition from worsening. You also get records of your injuries to add to your evidence.

Report the Accident

Call 911 and report the accident. A police officer will create a report detailing the events.

Gather Evidence

Gather evidence to add to your medical records and expenses. This should include photos and videos of the accident scene, a copy of the police accident report, proof of your wages and witness statements.

Notify Your Insurance Company

Notify your insurance company about the truck accident. Give basic details without going too deep into what occurred.

Consult with a Truck Accident Attorney in Florida

Consult with a truck accident attorney immediately. It gives you an advantage in your case and ensures you’re in good hands. Your lawyer will protect your rights and review your evidence to determine how to handle things.

Investigation

Often, facts of a truck accident are unclear. An investigation can uncover what happened and bring clarity to your case.

File a Claim

According to Florida Statute 627.736, car insurance must include personal injury protection to cover injuries from accidents. To secure those benefits, file a claim after a truck accident. Your medical expenses and necessary treatment are covered up to 80%.

Negotiation

Victims of truck accidents often need high compensation amounts. Negotiation tactics can help get what you need to cover your damages.

Settlement or Lawsuit

Many truck accident cases take time to settle or don’t at all. If a settlement offer is unsatisfactory, you can file a lawsuit.

Litigation (If Necessary)

Litigation might be necessary if your damages are more than the insurance company offers in compensation. It’s also advised if your injuries are severe or if someone died.

Resolution

Resolving truck accident claims takes time. An attorney can expertly represent you and ensure you get justice in your case.

Steps in Filing a Truck Accident Claim in Melbourne, Florida

There are steps involved in filing a truck accident claim in Melbourne, Florida. They include engaging with insurance companies and knowing critical timelines for filing.

Engaging with Insurance Companies

Usually, multiple insurance companies are involved in truck accident claims. You may have to deal with your insurer and adjusters on the trucking company’s side.

Critical Timelines for Filing

Truck accident claims must be filed within two years. It’s crucial to take fast action to recover compensation for your damages.

Role of Experienced Truck Accident Lawyer in Melbourne, Florida

Experienced truck accident lawyers play crucial roles. They can advocate for your rights, handle complex multi-party litigation, negotiate settlements and prepare for court if necessary.

Advocating for Your Rights

An experienced truck accident attorney can advocate for your rights. They will protect you and build the best case in your favor.

Handling Complex Multi-Party Litigation

Because trucks are regulated on a federal and state basis, an accident can result in multi-party litigation. An experienced attorney can handle all of these actions on your behalf.

Negotiating Settlements

Your truck accident lawyer can negotiate the best settlements. They won’t stop until you recover appropriate compensation.

Preparing for Court if Necessary

Finally, your attorney can prepare your case for court. If your claim doesn’t settle, it moves to trial and they can represent you to the best of their ability.

The Law Offices of Andrew Pickett: Your Trusted Truck Accident Lawyer in Melbourne, Florida

Have you or a loved one been involved in a truck accident in Florida? Our dedicated legal team is here to support you. We’re committed to hearing your account of the incident and vigorously pursuing the compensation you’re entitled to. Take the first step towards justice by reaching out to us – you can call our office directly or use the convenient online contact form. We offer a complimentary consultation to review your situation and discuss potential legal options forward.

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Greg Guiles

I had an excellent experience with Andrew Pickett Law and especially with their paralegal, Lindsey Pike for my personal injury case. Lindsey was incredibly informative and took the time to thoroughly explain the litigation process to me, which made navigating everything so much easier. She was patient, responsive, and always made sure I felt supported throughout the case. I truly appreciated her guidance and professionalism. I would highly recommend Andrew Pickett Law anyone seeking legal assistance.

Eric Edgerton

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I have know Linsey Pike for several years and she has been such a strong support. She listens, she is access quickly and accurately and she has has a strong knowledge base. When she doesn’t have an answer she finds one. With integrity, kindness, and vigor, she pursues justice. ,

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Hailey Tongue

This law firm is the best! Tiffany Whitehouse is absolutely amazing!! My dad was involved in a very bad car accident and from the beginning of the process, Tiffany has been top notch! She has kept in contact the entire process keeping us informed of everything that she is doing along the way! She even went to visit my dad in the rehab facility! She is absolutely amazing and I can’t thank her and the entire team at Andy Pickett law!!

amber rutgerson

My experience with Pickett’s Litigation Paralegal, Lindsey Pike was top notch!! She remained calm, organized and had all the answers to every question I had!! Thank you Lindsey!!!

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Lindsey Pike

Phenomenal law firm! They care about their clients and their results!

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Alan Woolwich

My recent experiences with the Andrew Pickett Law firm where top flight in handling my automobile accident where I was hit from behind by a under-insured driver and received related injuries and vehicle damage. Attorney Jessica Hicks and the entire Pickett Law team in Melbourne, FL did an excellent job from the first consultation call to the final settlement results with very favorable outcomes in restoring my health, property and compensation. The team provided excellent and timely coordination, guidance, preparation and advice throughout legal process with a balanced application of phone calls, texts and emails and were always available, responsive, professional and friendly. The coordination and negotiations with my multiple medical providers and insurer by Attorney Jessica Hicks was impressive and impactful. If you are involved in an accident in Brevard County Andrew Pickett Law and team will deliver results and I would recommend they be your first consultation call.

Response from the owner: Thank you for the kind review, Alan!

Maria Mendelson

I highly recommend Andrew Pickett and his team. They handled my accident case with professionalism, knowledge, and care. They were always available to answer my questions and kept me informed throughout the entire process. Their dedication and expertise made a stressful situation much easier to navigate. I’m very grateful for their support and the positive outcome they achieved for me.

Response from the owner: It was a pleasure to represent you, Maria! Thanks for taking the time to write a nice 5-star review.

Meredith Sand

I had a great experience working with Jessica Hicks. Professional, efficient and very knowledgeable. Great results, would highly recommend.

Response from the owner: Thank you for the kind words, Meredith!

Joshua Cason

I had an outstanding experience with Pickett Law. Attorney Jessica Hicks and the Pickett Law team did an incredible job on my trip and fall case. From the first phone call with Jessica and Andrew Picket, I knew I was in good hands. Jessica Hicks is an incredible advocate, she is prepared thorough, and will go the extra mile. The entire staff truly care about their clients, they are so knowledgable and answered any questions I had throughout the case. I am so blessed to have the best team represent me. Thank you: Jessica Hicks, Jeremie, Tina, Kimberly, Vonda, Jenny, Andrew, and the entire Pickett Law Team!!

Response from the owner: Josh, what a great review! Thanks for trusting us to assist you with your case. Please let us know if we can ever be of service in the future.

Victoria Wasinger

Jessica Hicks is an outstanding attorney. She is extremely knowledgeable, effective in the courtroom and made me feel at ease. You’re in good hands with Jessica and this law firm.

Response from the owner: What a great review, Victoria! Thank you!

Matthew Wasinger

Jessica Hicks is my go to for anything Personal Injury related. She is organized, well prepared, attentive to her client's needs, and she is not afraid to take a case to trial. If you want an attorney that will fight for you and protect your legal rights, she is the best there is.

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David Z

I’m not sure I’d still be here today without Jessica Hicks. Thank you Andrew Pickett Law!

Response from the owner: Thanks, David! We appreciate your kind words.

Malaina Brow

i highly recommend JESSICA HICKS she is and outstanding attorney and has done wonders for my case, i can't thank her enough for all her hard work and dedication. she has put in the time to help me, very caring and gets the job done million stars...

Response from the owner: Thank you for the kind words, Malaina!

Mandy Brown

I would highly recommend Jessica Hicks as a great attorney. She walked me through everything with a piece of mind and made me feel at ease. Very compassionate and excellent communication. Helping me understand step by step what was happening with my situation. Very grateful for her

Response from the owner: Glad we could help, Mandy! Thanks for trusting us.

Jason Bucci

"I cannot recommend Andrew Pickett Law highly enough! After my car accident, I was overwhelmed w/ medical bills, insurance calls, and tons of stress. From the moment I reached out to them; their team treated me with care, professionalism, and respect. They explained every step of the legal process in clear terms, kept me informed, and fought tirelessly to settle my case.Their expertise and attention to detail were apparent throughout the case, and they truly made me feel like a priority. Thanks to their hard work, I was able to focus on my recovery while they handled the legal issues. If you're looking for a knowledgeable, compassionate, and dedicated legal team I strongly recommend Andrew Pickett Law.

Response from the owner: Thank you, Jason!

Fallon Klenotich

I had an amazing experience with Andrew Pickett Law. I was always receiving calls, messages and emails with any updates to the case or questions they had for me. Their availability to answer my calls and questions was flexible and respectful. I would highly suggest this law firm for any person who has experienced injury from an automobile accident and is seeking further assistance legally. This office makes sure you are informed and well taken care of.

Response from the owner: Fallon, thank you! I am happy we were able to meet your expectations.

Dayna Rivera

Andrew Pickett Law and their team of attorneys are exceptional. Mr. Pickett is knowledgeable, courteous, and dedicated. A consummate professional. As an attorney, I’ve had the pleasure of working alongside Ms. Hicks and Ms. Whitehouse and their trial experience and negotiation skills are outstanding. What an amazing team!

Response from the owner: Thank you, Dayna! What a great review.

Daniel Thillet

It's hands down one of the best personal injury firms I’ve ever seen! I referred my brother to this firm, and he continues to tell me how communicative and diligent Jessica Hicks and Tiffany Whitehouse are in getting him the best outcome!

Response from the owner: Thanks, Daniel! We appreciate you.

Taylor McDermid

Review for Jessica Hicks and Tiffany WhitehouseJessica Hicks and Tiffany Whitehouse are exceptional personal injury attorneys who truly stand out for their attention to detail and genuine care for their clients. From the very beginning, they go above and beyond to ensure every aspect of your case is meticulously handled. They take the time to understand your unique circumstances, patiently answer all your questions, and keep you informed throughout the process.What sets them apart is their heartfelt dedication to their clients. You can tell that they genuinely care—not just about winning cases, but about helping people rebuild their lives after difficult situations. Jessica and Tiffany are compassionate, responsive, and fiercely advocate for the best possible outcome.If you’re looking for attorneys who combine legal expertise with a personal touch, Jessica Hicks and Tiffany Whitehouse are the team you want on your side. Highly recommended!

Response from the owner: Thank you, Taylor!

Frankie Vitiello

I cannot say enough positive things about Andrew Pickett Law and their incredible team of attorneys. Jessica Hicks and Tiffany Whitehouse bring an exceptional level of professionalism, skill, and care to every case they handle. Jessica’s extensive trial experience is evident in her strategic approach and dedication to achieving justice, while Tiffany’s unique combination of legal expertise and medical knowledge provides invaluable insight for personal injury cases.What truly distinguishes this firm is its unwavering commitment to justice and client care. From the first consultation, you are met with clear communication, thoughtful strategy, and a team that treats your case with the gravity and diligence it deserves. If you are seeking tireless advocates who blend compassion with formidable expertise, Andrew Pickett Law is the firm to trust.

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Zak Kolo

Tiffany Whitehouse & Jessica Hicks are some of the most talented and driven individuals you will ever have the pleasure of working with. Their professionalism and kindness goes beyond and is a weight off your shoulders.

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Jordan Kolodziejczak

Tiffany Whitehouse and Jessica Hicks are AMAZING attorneys who have dedicated their careers to helping people in need. There work at Pickett is a shining example of this the way they fight for their clients (even getting better results than some of the bigger firms in the area)

Response from the owner: Thanks, Jordan! We appreciate your kind words and support!

Tierra Johnson

10000000/10 Very professional and very respectful. My case moved very quickly and Vonda, Tina and Tiffany kept me in the loop with every step of the process. I am more than pleased with the outcome and would recommend Pickett Law to ALL my family, friends and acquaintances. Thank you !!!

Response from the owner: Thank you, Tierra! We are honored by your trust in us.

Rebecca Collura

If you are reading this you may have been in a car accident which I am sure has disrupted your life as it did mine. Dealing with your insurance company will be impossible and their goal is to give you the least amount of money possible regardless of your injuries. It is a slow process and you have to be patient. Andrew Pickett will work extremely hard to get you enough money to take care of past and potential future expenses. He is extremely good at what he does and his support staff are attentive and responsive as well. Personally I wouldn't be a number at one of those big firms that advertise on TV. Andrew was completely involved in my case and took great care of me. Stay strong, I pray the pain will lessen for you, and let Andrew fight for you!

Response from the owner: Thank you, Rebecca! What a thoughtful review. It was an honor to represent you.

Sandra Musgrave

The entire team is amazing. Andrew and his team worked hard to get the best outcome for our case. I am very happy with our decisions to hire him after our accident.

Response from the owner: Thank you for trusting us, Sandra! It was an honor to represent you and your family.

Joseph Grant

Andrew and his team were professional and helped me through every step of the way. They made sure I was comfortable and understood the entire process. I would strongly recommend them to anyone!

Response from the owner: Thank you, Joe! I’m happy that we were able to reach a favorable resolution.

Ashley Severance

Mr. Pickett is a fantastic personal injury attorney who has represented several of my own clients in various injury matters. He has obtained very favorable results for my clients. He is responsive, attentive, and detail oriented. I highly recommend his services.

Response from the owner: Thank you for the 5-star review, Ashley! We are honored to receive referrals from you.

Kimberly Marconi

I worked with Jessica Hicks after I was hit by another driver. She worked diligently, professionally, and exhaustively on my case which resulted in compensation. Jessica Hicks is by far one of the most caring, qualified, and knowledgeable lawyers in Brevard County and the state of Florida. I highly recommend Jessica for her skill, expertise, and exemplary service. You will not be disappointed in choosing her as your lawyer. Thank you, Jessica.

Response from the owner: Thank you for the kind review, Kimberly! I am pleased we were able to reach a resolution.

Melissa Williamson

Amazing law firm. Highly recommend.

Response from the owner: Thank you, Melissa!

Karen Garach

I had the privilege of working with Andrew Pickett and his staff at Andrew Pickett Law for my personal injury case, and I couldn't be more satisfied with the outcome. From our first meeting, he displayed a genuine concern for my well-being and a deep understanding of the legal complexities involved.Mr. Pickett was always available to answer my questions and provided clear guidance throughout the process. He fought tirelessly on my behalf, ensuring that I received the compensation I deserved.The level of professionalism and dedication was truly outstanding. I highly recommend Andrew Pickett Law to anyone in need of a personal injury attorney. Thank you for your exceptional service!

Response from the owner: Karen, what a wonderful review! We appreciate your kind words.

Stefani Tennyson

Hands down best attorney in town. Andrew takes his time with you through the entire process and keeps you informed. If you are looking for a local attorney that you can trust, Andrew Picket Law is for you.

Response from the owner: Thank you, Stefani!

Vinnie Taranto

Andrew is an amazing attorney that truly cares about his clients.

Response from the owner: Vinnie, I appreciate your kind words. Thank you!

Angela Roth

I had an excellent experience with Andrew Pickett and their team. From the initial consultation to the final settlement, they were professional, knowledgeable, and compassionate. They truly worked hard to get a favorable outcome. I highly recommend them to anyone in need of a skilled accident attorney. Thank you for your outstanding service!

Response from the owner: Thank you, Angela!

Raymond Miley

Response from the owner: Thank you for the 5 star review, Raymond.

linda williams

I had the best experience working with Pickett Law. They are all very knowledgeable about the law. We personally worked with Atty Tiffany Whitehouse and her team of Tina Johnson and Vonda Vassar, they knew how to get us the most money that we were entitled to from a car accident. I don’t know what we would have done without their help. If you are ever looking for an atty, we highly recommend this office.

Response from the owner: Thank you for the great review, Linda! And thank you for your trust in our law firm. If we can ever assist you or any friends or family in the future, please let us know.

Shaun Peiffer

I had an excellent experience with Andrew Pickett Law firm. From start to finish, the team was incredibly responsive and attentive to my needs. Jessica was outstanding in patiently answering all my questions, making sure I fully understood each step of the process. I also want to thank Vonda for taking the time at the beginning of my case to walk me through everything, providing clarity and peace of mind. In the end, I was more than happy with the successful settlement outcome. I highly recommend Andrew Pickett Law firm for anyone seeking top-notch legal representation.

Response from the owner: Thank you so much for the wonderful review, Shaun! It was an honor to represent you. We are grateful for the trust you placed in us. If we can ever be of assistance to you or your friends or family in the future, please let us know.

Belinda Darnell

I had the privilege of working with Attorney Jessica Hicks alongside Attorney Andrew Pickett during my personal injury case, and their exceptional representation made all the difference. From the very beginning, they were attentive, compassionate, and highly engaged with every detail of my case. Attorney Jessica Hicks, in particular, formed a great personal connection with me, truly understanding the pain and challenges I faced after my accident.Their communication was outstanding, keeping me informed at every step through phone calls, office visits, text messages, and their office app. Attorney Jessica Hicks’ dedication and persistence led to securing the full allowable settlement amount without the need to go to court, which was an immense relief.I cannot recommend Attorney Jessica Hicks and Attorney Andrew Pickett highly enough. Their knowledge, support, and commitment are of the highest caliber. Jessica, in particular, is a determined and relentless advocate, ensuring that I was fully supported and heard throughout the process. If you're looking for attorneys who will truly fight for you, Jessica Hicks and Andrew Pickett Law are the ones to choose.

Response from the owner: Thank you for the great and thoughtful review, Belinda! It was a pleasure to represent you, and we are happy that you are satisfied with our efforts.

Jen Gonzo

ANDREW PICKETT LAW represented me in my case and they were professional all the way through. I am so grateful for what they were able to do for me. Big kudos to my attorney Jessica Hicks. 👏

Response from the owner: Thank you, Jennifer! Great review. So happy that we were able to resolve your case favorably!

Ken Williams

Andrew Pickett and his staff worked extremely hard to resolve my case I am extremely happy that I went with them and will use them in the future most definitely they kept me well informed and The professionalism I experienced wasunmatched.

Response from the owner: Thank you, Ken! It was a pleasure to represent you and get to know you.

Valeta Cameron

Exceptional attorney! Highly recommended for any of your personal injury needs.

Response from the owner: Thank you, Valeta!

Rose Hudson

Andrew and his team were incredibly knowledgeable and showed empathy and compassion to me throughout the entire process. My questions were always answered, even after the case closed. I continue to follow Andrew Pickett on various social media outlets as he regularly creates relevant and informative content. I highly recommend Andrew Pickett.

Response from the owner: Thank you, Rose! We really appreciate your kind words and your friendship. Please let us know if we can ever be of assistance in the future.

Marquisha Mansfield

Very helpful great status wonderful work

Response from the owner: Thank you for trusting us to help you with your case, Marquisha.

jhayco

Great job and great service

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Beatrice Maxime

I am so very grateful to have had this firm represent me. I was in a car accident a few years ago, but the car insurance company of the person who totaled my car would not replace my car, nor pay for my medical bills. So we hired a Law Firm who then brought in Andrew Pickett Law on the case. I am so happy Andrew agreed to come onboard. He worked really hard on my case. Even though things were moving slow because of Covid-19 pandemic, he never stop working on my behalf. He was very dedicated to the case. I'm grateful for his professionalism, his patience, and his devotion.We ended up going to court and because of Mr. Pickett, we won the case.Thank you so much for all you did for us!!!!

Response from the owner: Beatrice, thank you so much for your kind words! I really enjoyed getting to know you and your family. It was an honor to represent you and join you on this journey.

Marilyn Colpitts

Fantastic service and professionalism. The Pickett Law firm handle my case with care and understanding. I recommend this firm with your case that may be out of the ordinary. Extremely pleased with the outcome.

Response from the owner: Thank you, Marilyn!