No amount of money will ever make up for the loss of a loved one. However, a wrongful death claim can help families pursue justice and get the financial support they need to move forward. In wrongful death cases, damages are awarded based on the victim’s earning potential and contribution to the family. In the case of a child, these things cannot easily be measured. Courts have a system of guidelines they use. Here is an explanation of how damages may be determined after the loss of a child.
What Is A Wrongful Death Claim?
First, you must understand what is a wrongful death claim. Wrongful death is a legal term for a civil action taken against a party for causing a death. Wrongful death claims can be made after the negligence or misconduct of another party caused a death. This includes both accidental death and deliberate death. Wrongful death claims can be pursued in tandem with criminal charges. Wrongful death uses a lower standard of proof than criminal cases. So they can also be pursued when criminal action has found the other party not guilty. Wrongful... read article
Unlike car accidents, truck accidents are very legally complex. That is because there could be multiple parties liable for the accident. Truck accidents are also more damaging than vehicle accidents, so the compensation for damages is often higher. If you’ve been in a truck accident, no matter the circumstances, you will need to work with a qualified truck accident attorney to protect your interests. At Shapiro, Goldman, Babboni, Fernandez, and Walsh, we can help. We have over a century of combined experience representing clients in Sarasota in truck accident cases. We know how to navigate these complex laws and protect your interest.
Who Is Liable In A Truck Accident?
In most vehicle accidents, it's the misconduct of the other drive that determines liability. However, in trucking accidents, there are many possible parties responsible for the accident beyond the driver including:
● The Trucking Company: If the trucking company was not following common carrier regulations and laws, they may be responsible. The state and federal government regulate everything from the mechanics of the vehicle to restrictions on who they can hire and the hours their employees are... read article
Being hurt in an accident that was caused by the reckless or negligent actions of someone else can not only change your life - it can be incredibly frustrating as well. After all, the physical recovery can take a long time and you could have your finances negatively impacted in a big way - medical bills, lost wages at work, and property damage can all add up to make it hard for you to get back on your feet and make a full recovery.
As such, filing a personal injury lawsuit could be the only way to really recover after an accident. With a personal injury lawyer on your side, you should be able to get the compensation that you are owed. Your lawyer will review your case, determine what your options are, and then file a claim on your behalf. They'll also negotiate to get you a fair settlement and avoid going to court.
Most personal injury lawsuits end in this way - with both parties agreeing on a settlement that is fair. Those injured in the accident benefit by getting a quicker resolution, money... read article
A lot of the people that meet with us have never filed a vehicle accident claim before. They don’t know what items they need, how they can prove their claim, and what questions to ask. At Shapiro, Goldman, Babboni, Fernandez, and Walsh we pride ourselves on making the claims process as painless as possible for our clients. So if you are meeting with us for the first time, here is what you can prepare so we can help you start your claim:
A Checklist Of Important Documents
There are a lot of important documents that can help us understand and defend your case. Bringing these documents to the first meeting can help us get started right away. If you don’t have all of these documents readily available, don’t worry. We’ll help you get them if they are needed. Here is a checklist that you can go through:
● Police reports
● Accident report
● 911 dispatch call recordings
● Any other reports by law enforcement agencies
● Photographs of the scene of the accident
● Photographs of your injuries
● Photographs of any vehicle damage
● Photographs of the road
● Witness statements
●... read article
Most people today are aware of the fact that seeking compensation for your injuries after an accident is something that you should consider doing. While frivolous lawsuits get most of the attention these days, the reality is that those who have legitimate personal injury cases really do need to file those claims. Failure to do so could leave your life in shambles, leaving you struggling to make your finances work out due to the impact your injuries had on it.
Often, personal injury claims don't go to trial, ending instead in a settlement. But insurance companies and lawyers for the other side often try to bully around those who are hurt, offering them settlements that are lower than they really deserve or trying to refuse payment at all. Even when you're offered a settlement, there's a chance that you aren't being offered an amount that is fair. There are numerous things that can play a role in whether or not your settlement is really fair. Here are some of the things to make sure are considered in your settlement before you accept it.
• Medical Bills - The medical... read article
When you are injured in a car accident, you have several options for remediation. One of the most common is to reach a settlement. Sometimes an insurance company will do the right thing and you will get a fair settlement when you report the accident. However, in most cases, insurance companies will try to pay you less than what your settlement is worth. If that is the case, you need a lawyer to help you negotiate and receive a fair settlement.
What Is A “Settlement”?
In legal terms, a settlement is a payment for the damages incurred from an accident. Damages are awarded on a scale based on the details of the accident. Damages can cover everything from medical expenses to property damage to lost wages. In Florida, damages are paid by the party responsible, or “liable”, for the accident. To determine liability, Florida uses a split fault system. Meaning that they assign a percentage of fault for the accident to each party. Depending on the percentage of fault, determines the percentage of damages you’ll receive based on the value of the damages. For example, if your damages are $100,000... read article
Being involved in an accident of any kind can lead to serious upheaval in your life. And finding the footing you need to move on isn't' always easy - especially when you're struggling to recover financially. Filing a personal injury claim against those who are responsible for your accident is one of the best ways to go about getting your life back on track and overcoming the financial challenges that can often plague those who are hurt in accidents.
But what if your accident was caused by hazardous road conditions - at least to some degree? Florida roads can face a wide range of issues including wet roads, heavy rain, high winds, and more. All of those hazardous conditions can trigger an accident. And when that occurs, it's important to understand that even though the weather or road conditions may have played a role, you may still have the ability to seek compensation.
Here are some of the ways that you could still be able to seek restitution in a personal injury lawsuit even if your accident was caused by bad weather or road conditions.
•... read article
When you’ve been injured in an accident that was the fault of another driver, their insurance company is responsible for the damages. However, insurance companies are in the business of making money and not paying claims. They will use a variety of tricks to get out of paying a fair claim. If you’ve filed a claim against another driver’s insurance and they’ve denied you, here’s what you can do.
Reasons An Insurance Company May Deny Your Claim
First, you’ll need to understand why you’ve been denied. There are a couple of reasons a car insurance company will deny a claim:
● The Policy Has Lapsed: If the other party has not been paying their premiums and their insurance lapsed, they are not covered. The insurance company will also often use late payments to justify a denial based on a lapse.
● Exclusions On The Policy: Insurance policies have a series of exclusions. Most of these fall under “acts of God.” Acts of God are considered uncontrollable variables like extreme weather. Insurance companies may deny your claim if they think they have a case for an exclusion denial.
● Failure To Notify... read article
When you're involved in an accident of any kind, it's easy to get overwhelmed. Not only can your physical and mental recovery take a huge effort, but you could also be left struggling financially due to medical bills and lost hours away from work. If you're careful, however, you can take a few basic steps that can make a huge difference
What you do in the hours, days, and even weeks following an accident can have a dramatic impact on your recovery - physically and financially. The first step is obviously to get medical attention if you're seriously injured. But beyond emergency treatment, there are other things to think about as well. With that in mind, here are three of the key things you have to be sure to do after you're injured in an accident. Keep them in mind to ensure that your accident lawyer can effectively make sure you get the compensation you deserve.
1. Gather Information - While those who are seriously injured may be unable to take this step, it's important to get all the info you can as soon as you can after... read article
There are a lot of misconceptions about whiplash. With Hollywood depictions to stand-up jokes, many people think that whiplash is a minor injury that is exaggerated to make a larger claim after an accident. However, whiplash is a very serious soft tissue injury that can be debilitating to your life. Whiplash most often occurs in rear-end collisions where the force of impact causes the head to violent “whip” back and forth. Whiplash can also be the result of a sports injury, slip and fall, or a blow to the head. This whipping causes damage to the vertebrae, muscles, and ligaments in the neck. The medical term for whiplash is a cervical sprain, cervical strain, or hyperextension injury depending on the specifics. Here is the truth about this very serious injury.
Symptoms Of Whiplash
The symptoms of whiplash, like traumatic brain injuries, may not show up until well after the accident. Usually, there will be pain or swelling around the area of the neck, but it won’t be until the next few days that you will notice the more significant symptoms. If you’ve injured your neck in an accident, make sure to pay... read article