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The Legal Damages Of Wrongful Death

The Legal Damages Of Wrongful DeathWrongful death lawsuits are a way for the spouse and direct relatives to get compensation after the sudden and unexpected loss of a loved one. No amount of money can ever replace a person, of course, but money can make a hard time go easier. A wrongful death settlement or court ruling also helps make sure the responsible party or parties will pay for their actions or negligence.

But when you file a wrongful death lawsuit in Florida, you can’t just pull a number out of nowhere. Instead, you need to sue for certain kinds of damages, and not every relative may ask for every kind of damage.

Tangible Claims

These claims are for numbers you can easily calculate. They’re based on expenses you wouldn’t have paid if it weren’t for the wrongful death, or on future income based on the lost person’s job.

• Medical and Funeral Expenses. Medical costs are always on the rise, and it can get very expensive when it comes to trying to save someone near death. Funerals can also cost a lot, especially if you need to get things like a casket on short notice.... read article

sfernandez
Attorney Stephen Fernandez

Liability And Gifts: Is Compensation From Gift Mishaps A Thing?

Holidays and birthdays are a time of giving and receiving, with families coming together to enjoy the holidays together and to spread goodwill and cheer. But not every holiday or event is equally happy: not every family gets along, and every now and then a gift can turn out to be more of a curse. But if you get an injury from gift, who is liable for the damage? Who is responsible, and who should get money from the settlement?
Gift Ownership
The first thing to understand is that, if you give a gift to another person, it doesn’t belong to you anymore. The person you give it to owns the product, and if they get injured by it they can sue the manufacturer directly. However, as a gift giver, you may still have a part to play because your purchase receipt is part of a paper trail that proves the person you gave it to owns the product. Throwing away the receipt won’t ruin a case, but it may impact the final settlement.
Gift Responsibility
Products usually come with warning labels, especially when it comes to products made for kids. They come with recommended ages... read article

rshapiro
Attorney M David Shapiro

How Much Do Motorcycle Helmets Really Help?

Do Motorcycle Helmets Really HelpIn the state of Florida, the law regarding motorcycle helmets is that you must wear a helmet until you’re 21 years old and you have $10,000 in medical insurance coverage. It’s worth pointing out that the PIP policy you need for car insurance isn’t necessarily enough, since a basic policy won’t kick in if you fall off your motorcycle and there’s no cars around.

But if you do meet these requirements, you’re allowed to choose whether or not to wear a helmet. For many cyclists out there that’s a good thing: full helmets can be uncomfortable to wear for long periods, they make it hard to talk, and they can limit your vision. Plus it seems like plenty of fatal accidents happen whether or not you have a helmet—after all, it’s impossible to make a motorcycle as safe as a car.
Florida Has A Motorcycle Fatality Problem
Motorcycles are a popular vehicle in Florida. With warm weather all year round, you can cruise the coastline any time of year without having to worry about dropping temperatures or wind chill. No snow means no slippery roads, another thing that can make motorcycles... read article

mbabboni
Attorney Michael J Babboni

Workplace Injuries Can Happen In Any Industry

Workplace Injuries Can Happen In Any IndustryWhen a person hears words like workman's compensation, a picture of a slip and fall occurring in an office might pop into their mind. However, numerous industries offer jobs that take place in environments that can lead to workers sustaining damages. Not everyone sits at a computer in a cubicle all day, nor are they big wigs that hang out in a corner office. Retail workers, restaurant employees, and countless others can become hurt in their respective trades. Cooks, along with waiters or waitresses, hang around hot grease, slippery floors, and sharp instruments every day. Burns and lacerations are always possible, and so are broken bones from falling, on wet, or oily surfaces. Big corporations have the monetary means to stretch cases out to their advantage, and they often attempt to do so to get defendants to settle for a small compensation figure.

These organizations also try to confuse and manipulate people with complicated legal proceedings, and on occasion, they even get the injured party to apply their signature to documents signing their rights away. A person does not have to hire an attorney, but they often find... read article

dgoldman
Attorney David L Goldman

Will PIP Repeal Impact Personal Injury Cases?

Will PIP Repeal Impact Personal Injury CasesIn April of 2016, Florida lawmakers voted to repeal the controversial PIP requirements held over motorists in the state. Over the last several years, opposition to this type of insurance has grown as more and more people realize that it's a system that has fundamental flaws that simply can't be overcome without sweeping changes.

While the final verdict on just what will happen in terms of the future of insurance in the state, the current models will require that those who own a vehicle must show that they carry an insurance plan that is more in line with what other states have.

With PIP, the insurance policy is intended to pay out regardless of who is at fault in the accident. But with the new plans, motorists will be required to have a policy that protects against bodily injury or death caused by accidents - but based on incidents, property damage, and per person using the car instead of the blanket PIP policies currently in effect.

Time will tell as to whether or not motorists and lawmakers prefer this new plan, but most agree that it's a long time coming.... read article

bwalsh
Attorney Bernard F Walsh

What Should You Do When Injured In An Auto Accident?

What Should You Do When Injured In An Auto AccidentNo matter how much you plan, there are some things that you just can't prepare for. When an accident occurs, you may find yourself facing a serious recovery process - one that can take a long time and tremendous amounts of effort.

An injury can leave you not only physically struggling, but financially as well. An accident that wasn't caused by you can be even more frustrating since your physical and financial burdens are due to the actions of someone else.

In these situations, you may be able to seek financial compensation for your injuries. If an accident was caused by someone else, you shouldn't be left responsible. And seeking compensation through a personal injury lawsuit may be the best way to ensure that you get the financial help you need.

But what can you do to improve your case? There are certain things that you'll need to do in order to ensure that your case goes as smoothly as it possibly can and that you get the restitution you deserve. With that in mind, here's a rundown of some of the main things you... read article

sfernandez
Attorney Stephen Fernandez

Florida Highway Patrol Launches New Campaign To Stop Drunk Drivers

Florida State TrooperA new campaign to protect citizens from drunk drivers will begin Saturday, January 20, 2018 and continue on through the weekend.

In a press release the FHP states, "The operation will proactively remove impaired drivers from the roadways and ultimately enhance the safety of the motoring public."

The scope of the operation will include many counties across southwest Florida including, Sarasota, Manatee, Desoto and Hardee counties. Much of the operation will be focused on the major roadways, and interstate 75.

Driving under the influence of drugs or alcohol severely endangers the lives of the driver, their passengers and everyone else on or near the roadway. In Florida, any driver who is tested and proved to have a blood alcohol content of .08 will be in violation of the law, what many people do not know however, is that rule only applies to adults of the legal drinking age. Drivers under the age of 21 that test with a blood alcohol content of .02 will also be considered driving under the influence of alcohol and subject to Florida DUI laws.

Troopers also stated in the release that any driver that has seen... read article

bwalsh
Attorney Bernard F Walsh

Various Circumstances Lead To People Needing An Attorney

Various Circumstances Lead To People Needing An Attorney The recent Amtrak train derailment in Washington state proves that accidents can strike at any time and anywhere. Three people lost their lives in the crash, and it is fitting to take a moment of silence here, to show our condolences. The vehicle was traveling at around 80 miles per hour, through an area, that restricted those speeds to only 30 miles per hour. This accident sent over seventy people to the hospital, some with minor, and others with more severe injuries. It was the inaugural trip on a new route, and investigators are currently looking into the incident to find out what happened. The cars derailed approximately 50-miles outside of Seattle, and onto a section Interstate-5.

People travel by trains, cars, buses, subways, airplanes, public transportation, and in numerous other ways safely every day. However, anytime a person gets inside a piece of machinery to get from here, to there, they are at an increased risk of being involved in an accident. On some occasions, the incidents boil down to human error, while others often reveal equipment failure. For instance, failing to stop on red,... read article

mbabboni
Attorney Michael J Babboni

Using Social Media Wisely After An Accident

Using Social Media Wisely After An AccidentAccidents happen, and when they do it can change your life in a huge way. Making a recovery is important, but many who find themselves struggling to recover physically will also end up with numerous financial challenges as well.

Seeking compensation through a Florida personal injury lawsuit can help. The ultimate goal is simple - get the financial restitution you need to stabilize your life. And when an accident is caused by the reckless or negligent actions of someone else, it makes sense that they should be responsible for your injuries.

There are a lot of different things that can impact your chances of getting compensation, and your personal injury lawyer will work to prove that you deserve compensation and that your injuries were caused by someone else and that you deserve compensation.

But while your attorney will take care of the heavy lifting in terms of legal work, there are still steps you need to take in order to ensure that they are able to succeed and get you the best possible results. One example? The way that you use social media following your accident.

It's often overlooked, but... read article

rshapiro
Attorney M David Shapiro

Train Derailment Shows That Fault Can Lie In Numerous Places

Train Derailment Shows That Fault Can Lie In Numerous PlacesThe December train derailment in Washington is a tragedy and one that impacted the lives of many onboard. And while it can seem like it's a world away - all the way on the opposite side of the country from us here in Florida - the reality is that this accident is just one more example of how fault and who can be held liable for injuries could go well beyond what most might realize.

For example, in an accident on a Florida road, if it can be shown that one party acted in a manner that is negligent or reckless, they could be held financially liable for the damages to the other person. Reckless or negligent actions, in this case, could mean something like drunk driving, speeding, or texting while driving.

Beyond Individual Responsibility

But while many people might realize that they could seek compensation for their injuries if another driver acted in reckless or negligent manner, there could be other parties held liable as well. And in certain instances, such as the train derailment, it's possible that an individual may not even be held responsible... read article

dgoldman
Attorney David L Goldman

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