North Florida Injury Lawyer Blog

What Are the Rights of the Family in a Florida Wrongful Death Motorcycle Accident?

Mon, 06 Feb 2012 06:00:00 -0500

In Florida, motorcyclists / bikers are the unfortunate victims of motorcycle accident/automobile accidents. When a motorcyclist is injured due to negligence or fault of another driver, the personal injuries can be quite serious and in some accidents even fatal. A Florida motorcyclist has a right to operate his motorcycle on Florida roadways. Unfortunately, motorcyclists lose their lives every year due to driver distraction, speed of the other vehicles, violation of track traffic signals and devices, and other unsafe driving. When a motorcyclist loses his or her life in the State of Florida, the family of the motorcyclist have a right to bring what is called Florida Wrongful Death Case.

The Florida Wrongful Death Case is subject to Florida statutes and related laws. The following individuals may be over to collect damages for their pain, suffering, loss of services, and related damages.

Surviving Spouse. The surviving spouse of a deceased motorcyclist can stake a claim for his or her damages associated with the death of the motorcyclist. In considering the damages to the surviving spouse, a Judge or Jurywill consider the joint light expectancy. In other words, the court will consider the number of years that the motorcyclist and surviving spouse would have lived together if the accident never took place. For instance, let's assume that the motorcyclist at the time of his death was 40 years old. The surviving spouse was 30 years old. It was expected that the motorcyclist had a life expectancy of 35 more years. The life expectancy of the surviving spouse was 45 years old. Because the motorcyclist and the surviving spouse would have lived together had the accident not occurred for 35 years that would be the number of years used in order to determine the damages are lost or sustained by the surviving spouse.

Minor Children. The surviving minor children of the motorcyclists are defined as children under the age of 25 years old. Like a surviving spouse, the Judge or jury will consider the joint life expectancy of the motorcyclist and the minor children.

Adult Children. The surviving adult children are defined as children 25 years of age and older. If there is no surviving spouse of a deceased motorcyclist, then adult children can also be awarded damages for their pain and suffering.

Parents. If the motorcyclist was under the age of 25, then parents of the deceased motorcyclist can also pursue a claim for their pain suffering and related damages. Ff the deceased motorcyclist was over the age of 25 and was not survived by a surviving spouse or minor children, then the parents of the adult child who died in the motorcycle accident will have a claim for damages.

See Section 768.21, Florida Statutes - Florida Wrongful Death - Damages.

Florida's Wrongful Death Act and related laws can be quite confusing and complicated to the average person. Because of this, is important to contact a Florida Motorcycle Accident Attorney for advice, consultation, and representation regarding a Florida motorcycle accident. Wrongful death cases are typically handled on a contingency basis which means that the attorney will not collect attorney fees or costs unless there is a financial recovery for the family. In addition cases of this nature typically qualify for a free consultation. It is important that family members of the deceased Florida motorcyclist obtain legal advice and understand their respective rights when a family member dies as a result of the negligence or fault of another driver.

Can I Still Pursue an Injury Claim or Case If I Tell the Police Officer that I Was Not Injured in a Florida Automobile Accident?

Sun, 05 Feb 2012 06:00:00 -0500

Can I still pursue a personal injury case if I tell the police officer that I was not hurt or injured at an accident scene in Florida? In most Florida automobile accident cases, the local sheriff, police department and/or the Florida Highway Patrol are called to the scene of the accident. The responding officer will assess the accident scene and take statements from the drivers and witnesses. One such question that is asked by the police officer is: Were you hurt or injured as a result of the accident? If a person responds no and declines any help, assistance, or evaluation from fire rescue or a local emergency room, does the person waive legal rights to pursue a claim for personal injury? The simple answer this question is "No". Often times, a person, in a traumatic Florida automobile accident, does not realize or appreciate the injuries that he or she may have sustained as a result of the accident. Furthermore, with many neck, back, and / or extremity injuries, the signs and symptoms of, often times do not appear until a period time after the accident. Perhaps, the signs and symptoms show up that night or the following morning. In Florida, there is a four-year statute of limitations in order to file a lawsuit for most personal injury cases involving an automobile accident.

Once a person realizes or feels the effects of the personal injuries from an automobile accident, from a practical and medical standpoint, immediate medical care should be obtained from an emergency room, urgent care center, or other medical provider. Insurance companies will question or closely evaluate a claim that does not result in immediate medical care. However, many claims and cases are settled or result in a significant jury verdict even when the person does not complain of pain in the accident scene immediately.

It is important when a person is a victim of an automobile accident case to seek legal advice, consultation, and representation by qualified Florida Personal Injury Attorney. An injury victim can get advice and an explanation of the applicable Florida law that relate to the Florida automobile accident and compensation for the personal injuries resulting from the accident.

Wood, Atter & Wolf, P.A. is a law firm based in Jacksonville in Ponte Vedra Beach Florida that has represented injury victims since 1957. The attorneys and staff at Wood, Atter & Wolf, P.A. are very familiar with the applicable Florida laws as well as the practicalities involved in a Florida automobile accident case. The Wood, Atter & Wolf, P.A. website has several articles and sections that pertain to Florida automobile accident case. See Florida Traffic Rules, Statutes and Regulations - Frequently Asked Questions. If the case or automobile accident involves injuries to a minor child, the book titled The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Automobile Accidents, Medical Treatment - Medical Bills, and other topics. This book can be obtained for free at The ABCs of Child Injury.

Florida Automobile Accident - Should I Treat Under My Automobile Insurance or My Health Insurance?

Sat, 04 Feb 2012 06:00:00 -0500

Florida car accident should I treat under my health insurance for my automobile insurance? When a person is injured as a result of an automobile accident in the state of Florida they're often questioned as to how medical bills will be good. Will it be paid through the injury victim's automobile insurance or health insurance? In Florida, automobile insurance policies are required to have PIP otherwise known as Personal Injury Protection on the insurance policy. When a person is a victim in a Florida automobile accident and suffers personal injuries, Florida law provides that PIP coverage is primary to other forms of insurance. In other words, a person should first use their PIP coverage and then use the health insurance or other forms of insurance for additional insurance coverage or payment of medical bills. Personal Injury Protection (PIP) coverage typically will pay 80% of the medical bills submitted better reasonably related to an automobile accident. Because the laws and forms of insurance can be quite complicated, it makes sense for a person involved in a Florida automobile accident to retain the services of a Florida personal injury attorney for advice, consultation, and legal representation. It should be noted that not all Florida medical providers accept PIP insurance as a payment form for services provided. Because of this, it is even more in court to consult with a personal injury attorney to find out which doctors in the community accept PIP payments and which doctors are experienced in treating traumatic injuries associated with an automobile accident. For more information regarding automobile accident cases and claims in the State of Florida see Florida Automobile Accident. See also Florida Traffic Rules and Regulations - Frequently Asked Questions.

Is Homeowners Insurance for Dog Bites Required in the State of Florida?

Fri, 03 Feb 2012 06:00:00 -0500

In Florida, there are dogs present in every community. Whether in a big city or small-town, Florida residents and visitors enjoy the ownership and companionship of the dog. Due to the number of dogs owned and present in the State of Florida, one would think that insurance for liability purposes would be required when a homeowner has possession and control of the dog. There is no Florida law in place that requires liability insurance by homeowners who own dogs. If a person owns a home and has always insurance, there may or may not be liability insurance regarding a dog bite injury. Some homeowners insurance policies cover injuries and expenses related to a dog bite related injuries. Some homeowners insurance policies do not include such coverage. Other homeowners insurance policies specifically exclude coverage for a dog bite related injuries and damages. Homeowners insurance policies come in different forms and amounts. Coverage varies from home to home and from community to community. Because of this, it is important for a dog bite injury victim to obtain and review a homeowners policy to determine if there is a insurance coverage for the damages and bills related to the dog bite injury.

A Florida personal injury lawyer can assist a dog bite victim with the review of the policy and provide legal representation for the damages caused by the Florida dog bite / attack. Under Florida law, a dog owner is liable for injuries caused by a dog bite. This is covered under Florida Statutes Chapter 767. Beyond the liability statute, the are practical challenges to pursuing a dog bite injury case in the State of Florida. When a child is injured by a dog bite incident in Florida, it is often helpful to read the statutes and other materials on this topic. The book title - The ABCs of Child Injury - Legal Rights of the Injured Child - What Every Parent Should Know - has chapters on Dog Bite Injuries, Homeowners Insurance, Damages / Compensation, and other topics. The information in this book regarding dog bite injuries applies equally to children and adults. You can receive this book for free at - The ABCs of Child Injury.

Another resource available for victims of dog bites and their families is the Wood, Atter & Wolf, P.A. Website. Wood, Atter & Wolf, P.A. has been representing dog bite victims in the State of Florida since 1957. Knowing the importance of these cases and the severity of injuries that often occur, Wood, Atter & Wolf, P.A. has information on the website for most Florida counties at - Florida Dog Leash Laws - Frequently Asked Questions and Florida Dangerous Dog Laws - Frequently Asked Questions.

What Are the Legal Rights of Injured Passengers in a Florida Automobile Accident?

Thu, 02 Feb 2012 06:00:00 -0500

In Florida, passengers are the unfortunate victims of automobile accidents. Some suffer very serious personal injuries due to the negligence of one or more drivers. When a passenger suffers personal injuries in a Florida automobile accident, the passenger has the legal right to the person or persons at fault for the accident. Furthermore, the passenger has the legal right to pursue the owner of any vehicle in which the driver was wholly or partially at fault for the automobile accident. Florida is a comparative fault state. In other words, the fault or liability for an automobile accident can be apportioned or assessed against more than one driver depending on the facts and circumstances of the accident. Whether one or more than one driver is at fault, the passenger typically bears no fault or responsibility for the automobile accident.

When a passenger is injured in an automobile accident, it is important to for the passenger and his or her family to know what legal rights the injured passenger has to compensation, damages, and insurance benefits. A claim or case may be pursued against the driver of the vehicle occupied by the passenger if that driver was liable or at fault in whole or part for the automobile accident. Cases and claims can be complicated as to coverage especially when the vehicle is driven by a parent or household family member. When a person is injured in a Florida Automobile Accident, it is often times helpful and important for the injury victim to retain the services of a Florida Automobile Accident Attorney for advice, consultation, and legal representation. These claims or cases are handled on a contingency basis. In other words, if there is no financial recovery of money, there will be no costs or attorney fees assessed to the client from the law firm. Wood, Atter & Wolf, P.A. is a Florida law firm that has been representing personal injury automobile accident victims since 1957.

Florida roads and highways are often the sites of tragic automobile accidents. One such automobile accident was reported in Duval County, Florida. It was reported by the Jacksonville Times Union that a driver of a Toyota vehicle pulled into the path of a semi truck. The driver and two passengers in the Toyota died as a result of this Florida automobile / trucking accident. Since this Florida accident resulted in deaths, the Florida Highway Patrol will be conducting a homicide investigation to determine the cause and preventability of this tragic automobile / trucking accident. The deaths of the people in the Toyota will certainly be a great loss for their families, neighborhoods, and communities. See Tragic Automobile / Trucking Accident Reported in Maxville Florida.

Which Doctors and Medical Providers Will Accept Personal Injury Protection and Medical Benefits Under My Florida Automobile Insurance Policy?

Wed, 01 Feb 2012 06:00:00 -0500

This is a question that is often posed by injury victims who have been in a Florida automobile accident. When a person is injured in an automobile accident, the injury victim may qualify for benefits under an automobile insurance policy held by the injury victim or a resident family member. Not all that all medical providers in the State of Florida accept PIP benefits under an automobile insurance policy. In fact, more medical providers do not accept such payments as compared to the medical providers that do. Currently, there is no list online or through an automobile insurance policy or otherwise that provide the names of the medical providers in a particular community that accept personal injury protection benefits for an automobile accident. How I do I find out if a particular medical provider accepts PIP benefits? This is another good question. There are several ways in which you can make this determination. You can contact the medical provider directly and ask the assistant or the office manager if the PIP benefits are accepted for payment. You can also ask a friend who may have been in an automobile accident where he or she got treatment and if the benefits are accepted by the medical provider. Alternatively, you can contact a Florida personal injury attorney for help and guidance regarding medical providers in the community that accept PIP and treat automobile accident victims.

Florida automobile Insurance policies, laws, and especially PIP benefits and provisions can be quite confusing to the typical person. Because of this is an important to contact me Florida automobile accident attorney for consultation, advice, and legal representation when there is a Florida automobile accident. A Florida personal injury attorney can let you know what resources and medical providers are available in the community that will treat a patient under PIP and Med Pay benefits. There is no legal requirement that any particular medical provider accept automobile insurance benefits to treat a patient. In fact, some medical providers have made a business decision to specifically reject or not accept benefits under the PIP policy. Some of these medical providers may believe that the type of work is beneath them or simply a hassle especially if litigation made may result. Other medical providers who accept PIP benefits are more understanding and except accept this form payment with the knowledge that the person needs the medical care and has no other source of payment. There may be no other benefits available, and, yes, litigation may result in the future. Furthermore, some medical providers including orthopedists, neurologists, therapists, and chiropractors are just more comfortable treating automobile accident victims then others.

It is important when there is an automobile accident to understand your legal rights and the available insurance benefits. The automobile accident attorneys at Wood, Atter & Wolf, P.A. have been representing automobile injury victims in the State of Florida since 1957. The firm's motto - On Your Side - At Your Side - certainly applies to automobile accident cases. We are On Your Side - At Your Side - for legal advice and representation when you are a victim in a Florida automobile accident.

How Long Must I Treat for My Florida Automobile Accident Before a Demand is Sent Out on My Behalf?

Tue, 31 Jan 2012 06:00:00 -0500

This is a question that is posed by many automobile accident clients who are in need of compensation for damages related to personal injury suffered in a Florida automobile accident. Like many legal and insurance questions, the answer is - "it depends". For most cases, a client typically will treat until the point of maximum medical improvement otherwise known as MMI. This is the point in the medical treatment in which the main treating doctors believe that the patient or the client has reached or plateaued with respect to his or her medical care. Even with further care and treatment, it is not expected that the patient will have any significant change in his or her medical condition unless there is a surgery or other invasive procedure if it is recommended by the doctor.

For some clients, an earlier demand, prior to MMI may be able to be pursued if the medical treatment and damages clearly warrant an early demand of the insurance limits or a portion of the insurance limits prior to the time of reaching MMI. The decision as to when to send out a demand or request a certain amount of payment on a Florida automobile accident personal injury case should be left to the personal injury attorney after after having a discussion with the client. Of course, the client has the ability to give directions and requests to the attorney but it typically is more prudent for the the client to follow the lead and direction of the attorney who has years of experience in handling Florida personal injury cases.

The timing of a demand should not be confused with other timing elements of a case. For instance, the statute of limitations refers to the time period in which a lawsuit must be filed before legal rights are waived regarding a particular automobile accident or other type of incident causing injuries. For most injury cases other than wrongful death and medical malpractice, the applicable statute of limitations is 4 years from the time of the accident. When a lawsuit is filed, there are other timing requirements and deadlines that are set forth by the Court or the Judge assigned to the case.

Who Is Entitled to Recover Damages When a Family Member Dies in a Florida Automobile Accident?

Mon, 30 Jan 2012 06:00:00 -0500

In Florida, drivers and passengers are the unfortunate victims of fatal automobile accidents. When an accident ends a life of a person and it is caused by the negligence of another driver, a family member can pursue damages for the death or loss of the accident victim. Florida has statutes or laws in place that governed the wrongful death of a victim in a Florida automobile accident. When a death is the result of the negligence of another person, the family member can bring a Florida wrongful death case to pursue damages caused as a result of this negligence. The damages that can be pursued in a Florida wrongful death case are different than those in a case where a person is injured but does not die as a result of the injuries. Chapter 768 of the Florida statutes has various provisions in place that cover in Florida wrongful death cases. A Florida personal injury attorney can help guide, assist, and represent a family when there is a death that results from a Florida automobile accident. It is often helpful to get advice and representation for a qualified attorney in a Florida wrongful death case because the issues of damages, insurance, compensation, and other topics can be quite confusing when there is an automobile accident.

There are many resources available for family members but there is no substitute for qualified legal representation on these matters. David Wolf is a Florida personal injury attorney with over 20 years of experience. He is the author of two books on the subject of personal injury and is also the editor for three blog sites that have over 3000 articles on personal injury matters. When a family member dies as a result of the negligence of another driver, it is a great loss for the family, neighborhood, community, and church for the accident victim. While many people may experience a loss of a person who dies in an automobile accident, the Florida wrongful death statute specifies the family members who can claim a personal loss for the death of a family member. For instance, a surviving spouse can pursue damages a wrongful death case resulting from a Florida automobile accident. Minor children, which are defined as children under the age of 25 can also pursue damages in a wrong for wrongful death act. In certain cases and circumstances, even adult children can pursue a Florida wrongful death case for the death of a family each Florida wrongful death case must be evaluated on its own merits. Because of this. It is important to obtain a Florida personal injury attorney to advise the family members of the respective rights to compensation and damages when there is a loss of a lot of fun.

Dangers and Risks of Watercraft Injuries in Florida - Legal Rights of Victims

Sun, 29 Jan 2012 08:00:00 -0500

In Florida, the weather permits for watercraft and boating activity and recreation virtually year round. While boating, jet skis, and other watercraft recreation can be great fun, these activities also carry the risks of injuries and, in some instances, deaths when there is a watercraft / boating accident in Florida.

If it can be proved that the owner or operator of a boat or personal watercraft was negligent, then a case or claim for personal injuries may be pursued by the boating or personal watercraft injury victim. A personal injury victim can pursue a civil case or claim for medical bills, pain, suffering, loss of enjoyment of life, and related damages.

A Florida Boating / Watercraft Attorney can help a personal injury victim and the family of the victim collect compensation / damages for medical bills, pain, suffering, and other damages. Contact a Florida Boating Injury Attorney for consultation, advice, and legal representation.

When boating, jet skiing, or using other watercraft in the State of Florida, it is important that safety precautions are taken:

1. Weather and Time. Before embarking on a boating or watercraft excursion, check the weather to make sure that the visibility is good, the water is manageable and not too rough for safe boating activity. Florida State law requires prohibit the operation of personal watercraft at between one-half hour after sunset and one-half hour before sunrise.

2. Safety Courses. When required and / or available, boating and jet ski safety courses should be taken so that the operators know safe operation and precautions to be taken during boating activity.

3. Age Restrictions. If there are age restrictions imposed by law, they should be filed. If a child is permitted by law to operate a particular boat or watercraft, then limitations should be set and adult supervision should be provided.

4. Supervision. When children are participating in boating activities, it is important that consistent adult supervision is provided to prevent or at least reduce the accidents and resulting personal injuries.

5. Life Jackets / Safety Vests. During boating, jet skiing, and related activities, life jackets / safety vests should always be worn. Safety is vital during these boating activities. Florida requires each occupant on a personal watercraft wear a life jacket.

6. Selection of Area for Boating and Recreation Activities. Select an area that is not crowded and that does not put swimmers, water skiers, or others in danger during these activities. The selection of a proper area can be key in preventing injuries from taking place.

7. Reduce Operator Distraction. Just like automobile accidents, many boating accidents take place due to driver or operator distraction.

An unfortunate and tragic boating accident was recently reported in Lutz, Florida. The boating accident took place on Lake Hobbs in Hillsborough County. It was reported that divers later recovered the body of Ryan Burke, age 30, who was from Lutz, Florida. See Florida Boating Accident Reported in Lutz, Florida.

A full investigation by the Florida Fish and Wildlife Commission and local police officials will be conducted to determine the cause, circumstances, and preventability of this tragic Florida boating accident.

Jacksonville Automobile Accident - What If I Am Injured as a Passenger?

Tue, 24 Jan 2012 09:00:00 -0500

In Jacksonville, Florida, automobile accidents are recently reported and seen throughout the community. Jacksonville is known as the largest city in the United States from a land mass standpoint. There are highways, expressways, bridges, and other roads that are loaded with traffic. Because of the size and type of roadways throughout the community, automobile and trucking accidents are recently reports. Many of which result in serious personal injuries and some even result in the death of drivers, passengers, pedestrians, motorcyclists, bicyclists, and others. A serious automobile accident was recently reported by the Jacksonville Time Union on Mayport Road. It was reported that a woman suffered serious personal injuries that resulted when the truck (Ford Ranger) that she was occupying hit a light pole at Mayport Road and the Wonderwood Expressway. The injuries were reported as light threatening. Due to the circumstances of the accident and the severity of the injuries, the Jacksonville Sheriff's Office (JSO) will conduct an investigation to determine the cause and preventability of this automobile accident.

When a person suffers injuries as a result of a Florida automobile accident, there are often many issues and challenges faced by the injury victim. Where should I go for medical treatment? Who is responsible for my medical bills? What automobile insurance coverage is available for my injuries and medical bills? Do I have a legal case to pursue for my personal injuries? These are all excellent questions. Unfortunately, many automobile accidents in Jacksonville, Florida result in life changing injuries. When a person is injured as a result of the negligence or fault of another person, there may be legal remedies and compensation available to the automobile accident victim. Often times, it is helpful to consult with and hire a Florida personal injury attorney to get legal advice regarding liability, automobile insurance, rights of reimbursement, rights to compensation, medical bills, medical treatment and other matters. Wood, Atter & Wolf provides its injury clients and potential clients with a Free Consultation on all injury matters. If the case is accepted by the Jacksonville Florida law firm, then the case is handled on a contingency attorney fee basis (i.e. No Recovery - No Fees). It does not costs any money up front to hire the services of an experienced attorney to assist you or a family member with the Florida personal injury case or claim. At Wood, Atter & Wolf, we have been On Your Side - At Your Side for injury clients since 1957.

How Is a Minor Child Defined Under the Florida Wrongful Death Act?

Mon, 16 Jan 2012 06:00:00 -0500

In Florida, children rely on parents for comfort, support, and guidance from birth through childhood and well into adulthood. Many children form a bond with a parent that goes well beyond the child's 18th birthday which is the typical age of majority or adulthood in the State of Florida. The Florida Wrongful Death Act defines a minor child as a child under the age of 25.

The investigation and pursuit of a Florida Wrongful Death case can be complicated. A Florida Personal Injury Lawyer can help the family get through the challenges of a Florida Wrongful Death Case. There are typically a myriad of issues to deal with when handling a Wrongful Death Case including estate matters, probate matters, insurance matters, accident investigation, medical investigation and other issues.

When a person dies as a result of the fault of negligence of another person, business entity, or government agency, the statutorily defined "survivors" of the decedent have a right to recover certain damages for their losses associated with the death of their family member. Generally, a minor child has a right to recovery for the death of a parent. Under Florida's Wrongful Death Act pursuant to Section 768.18, Florida Statutes - Definitions, a minor child is defined as a child of the decedent under the age of 25 years old. Even though the age to vote is 18 years old and the age to drink alcohol is 21 years old, the age for "majority" for a wrongful death case is 25 years old.

When there is a death in the State of Florida, it is important to know the cause and preventability of the death. Was the death the fault of another person, business, or government entity? Could the death have been prevented? If the death resulted from the negligence or fault of another person, business, or government entity, the family of the decedent can pursue a Florida Wrongful Death case. As part of the pre-suit investigation, it is important to identify the surviving family members and make a determination as to which family members qualify as statutory survivors under the Section 768.18, Florida Statutes.

What is the Purpose of the Florida Wrongful Death Act?

Sun, 15 Jan 2012 06:00:00 -0500

What is the purpose of the Florida Wrongful Death Act? Pursuant to Section 768.17, Florida Statutes - Legislative Intent, the purpose of the Florida Wrongful Death Act is the shift the losses resulting when a wrongful death occurs from the survivors of the family member of the decedent to the wrongdoer. What does the shifting of the loss mean? It means that the surviving family members can pursue a cause of action or a lawsuit against the wrongdoer - the person or entity that caused or significantly contributed to the wrongful death.

Many people do not realize that the damages involved in a wrongful death case typically involve the financial and emotional losses of the surviving family members rather than the losses sustained by the decedent himself / herself. Due to the complexities of Florida's Wrongful Death Act and related cases, it is advisable to retain the services of a Florida Personal Injury Attorney or a Florida Wrongful Death Lawyer to represent the surviving family members to pursue the case.

As written in Wagner v. Kennedy Law Group, 64 So.3d 1187 (Fla. 2011), the Supreme Court of Florida noted that the Florida Wrongful Death Act "provides that it is the public policy of the State of Florida to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer." In other words, the purpose of the Florida Wrongful Death Act is an attempt to substitute the financial resources of the wrongdoer for the financial resources of the decedent had the decedent survived or lived. As noted in the Wagner Case, the purpose of the Florida Wrongful Death Act was also to eliminate the multitude of lawsuits that could have been brought by each survivor if the Act was not put in place. While each family member cannot bring forth the lawsuit, each surviving family member can still have legal representation on the case.

What is Florida's Wrongful Death Act? How Does It Work?

Sat, 14 Jan 2012 06:00:00 -0500

What is Florida's Wrongful Death Act? How Does It Work? These are two excellent questions. In Florida, wrongful death cases are governed by Chapter 768, Florida Statutes and related case law. Chapter 768 sets forth in detail who can bring forth a legal action for the wrongful death of a family member, and what damages can be pursued, what persons qualify as beneficiaries or survivors in a wrongful death case.

Interpreting and understanding the details and nuances of Chapter 768, Florida Statutes and other laws pertaining to a Florida Wrongful Death Case can be very complex and difficult. Because of this, it is important for surviving family members to consult with a Florida Wrongful Death Attorney for consultation, advice, and legal representation regarding these matters. Businesses and insurance companies have their own attorneys and so should a family member dealing with the stressful aftermath of the wrongful death of a loved one.

Florida laws pertaining to wrongful death are not necessarily fair or rational. Some of the provisions of Florida's Wrongful Death Act have been challenged on constitutional grounds but most have failed. The statutory scheme set forth by the Florida legislature is the law of Florida and must be followed in order to be able to pursue a claim for compensation and damages when a loved one dies due to the fault or negligenct of a person, business, or government.

The standard of proof in a Florida Wrongful Death case is similar to that of other civil cases. The Plaintiff must prove the facts supporting the elements of the wrongful death case by a preponderance of the evidence. This is the more likely than not standard of proof which is different that the proof required in a criminal case. The standard in criminal cases that a prosecutor must satisfy is beyond a reasonable doubt. While the standard of proof is not as strict in a civil case, it can often times be challenging to prove that negligence was the cause of death in a civil case. In most cases, there will be expert testimony from medical experts to support the proposition that the death was most likely caused by the negligent act or conduct of others.

How Long Will It Take to Settle My Personal Injury Case Following an Automobile Accident?

Fri, 13 Jan 2012 06:00:00 -0500

How long will it take to settle my personal injury case followed an automobile accident? The answer to this question like many legal questions is "it depends". Some automobile accident claims are settled soon after the accident when the injuries are very clear and the insurance limits are low. In most instances, it will take some time for the doctors to properly evaluate, diagnose, and treat the injury victim for a automobile accident related injury. It is not uncommon to have a patient or client treat for three months to six months following an automobile accident. In some cases, the treatment is even longer when the injury victim has ongoing symptoms including pain, discomfort, and loss of range of motion. Treatment can also be extended when a person requires a evaluation and care from a specialist like a neurologist, orthopedic surgeon, pain management doctor, and neurosurgeon. It is important for a person to have medical treatment and order address the injuries and complications brought on by an automobile accident. In most personal injury cases, the Florida personal injury attorney will wait until a person reaches and MMI which refers to at Maximum Medical Improvement. It is at this point in time that the doctors are able to summarize the care and treatment and also issue a final report as to permanent impairment when applicable. Generally speaking, it will take 3 to 6 months for most simple cases. It will take six months to a year I cases involving more extended medical care and treatment. And it will take one year to two years or longer if litigation is required in order to pursue or collect damages for compensation for accident related. Along the way, it is important for a person to have the advice consultation a representation of a Florida personal injury attorney to guide the person through the claims process and, when necessary the litigation process.

What Damages / Evidence Are Considered When a Persons Loses a Spouse Due to a Florida Wrongful Death?

Thu, 12 Jan 2012 06:00:00 -0500

In Florida, a wrongful death can and does have a life long impact on the surviving spouse and children. Cases involving the wrongful death of a spouse in Florida are controlled by Chapter 768 - Florida Statutes. Damages and compensation are particularly governed by Section 768.20, Florida Statutes. The amount of damages awarded depend on a number of factors including the length of the marriage, quality of the marriage, and dependence emotionally and financially on the person who was the victim of the Florida Wrongful Death. A Florida Personal Injury Attorney can help the surviving spouse through the complex legal issues involved in a Florida Wrongful Death case.

Pursuant to Section 768.21, Florida Statutes, a surviving spouse, in addition to the value of lost support and services, is entitled to recover the loss of decedent's companionship and protection and for mental pai and suffering. Damages can be awarded to a surviving spouse for past and future losses including those relating to companionship, society, comfort, solace, love, sex, and help in performing tasks around the household. In proving these damages, evidence can be presented to show how extraordinarily close, affectionate, and dependent the marriage was. These are all relevant points to the marriage. See Ward v. Orange Memorial Hospital, 193 So.2d 492 (Fla. 4th D.C.A. 1966).

In Davis v. Brown - 774 So.2d 775 (Fla. 4th D.C.A. 2000), a jury awarded over $7,000,000 for the wrongful death of Kevin Brown who was married to Pamela Brown. The Browns were married for over 30 years. Pamela Brown was particularly close to her husband. The evidence presented at trial included the following facts:

1. Pamela Brown's father abandoned the family during her childhood;
2. Pamela Brown had previously lost a sibling;
3. Pamela Brown's stepfather had made sexual advances to her; and
4. Pamela Brown was 17 years old when she met her future husband.

The Defendant appealed the verdict based on the argument that prejudicial facts were presented at the trial that were improper and resulted in an excessive verdict. The Fourth Court of Appeal determined that the evidence was proper as it provided reasonable background information regarding the surviving spouse and her dependence and relationship with the decedent.