Monthly Archives: January 2012

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

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, … Continue reading

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

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 … Continue reading

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

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 … Continue reading

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

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 … Continue reading

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

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 … Continue reading

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What is the Purpose of the Florida Wrongful Death Act?

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 … Continue reading

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

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 … Continue reading

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

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 … Continue reading

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

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 … Continue reading

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Florida Wrongful Death Act – Is the Value of the Life of the Decedent or the Value of the Loss of the Surviving Family Members?

In Florida, there are specific laws, statutes, and cases in place that govern the pursuit of a Florida Wrongful Death case. Many people believe that the purpose of a wrongful death case is to pursue the loss or value of the life of the family member. Florida Wrongful Death cases are governed by Chapter 768, Florida Statutes and related case law. When pursuing a case for wrongful death, it is important the the relevant statutes are followed and that the case is pursued according to the specific Florida laws on point. There are many twists and turns to a Florida … Continue reading

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