Category Archives: Statutory References (Florida)
Is a Seatbelt Required Under Florida Law?
Is a seatbelt required under Florida law? Florida law requires a driver in front seat and passengers to wear an operational seatbelt that is available for use in a motor vehicle. The failure to wear an operational seat may serve as a defense to a claim for injuries pursued by the accident victim. The operative word is “may” because the fact you a seatbelt was not being worn does not always amount to a valid defense or argument to reduce the damages of an injury victim. In a the seatbelt defense case, the testimony of an expert witness would be … Continue reading
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
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
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
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
How Are Damages Calculated for Purposes of a Wrongful Death Claim in Florida?
The Florida Wrongful Death Act is set forth in Chapter 768, Florida Statutes. There are many moving parts and complexities to a Florida Wrongful Death case. A Florida personal injury attorney can help a family understand the respective laws and cases. Furthermore, a personal injury lawyer can represent the family in a case for damages sustained or caused by the wrongful death of the decedent. Pursuant to Section 768.21, Florida Statutes, a family member may be compensated for damages in the form of loss of support and services along with pain and suffering. A parent can pursue a case for … Continue reading
Is a Seat Belt / Safety Belt Required Under Florida Law?
Is a seatbelt required under Florida law? The simple answer to this question is “Yes”. The requirement of seat belts is governed by Section 316.614, Florida Statutes. This Florida Statute provides that it is unlawful in the State of Florida to operate a motor vehicle unless each passenger and the operator of the motor vehicle are restrained by a safety belt. The statute further provides that any person 18 years of age or older in the front passenger seat of a motor vehicle must wear a seat belt / safety belt. There are several exceptions or exemptions to the seat … Continue reading
How Are Net Accumulation Damages Determined in a Florida Wrongful Death Case?
In Florida, damages for compensation can be pursued by the Personal Representative of the Estate of a person who died as a result of the negligence or fault of another person or business. These legal cases are governed or controlled by Chapter 768 – Florida Statutes. There are various forms of damages that can be pursued by the Estate / Personal Representative. These damages included a loss of Net Accumulations. The economics of a legal case can be very complicated and in some cases difficult to prove without proper documents, financial evidence, and expert testimony. A Florida Personal Injury Lawyer … Continue reading
Who Can Bring an Action or Lawsuit for Wrongful Death in Florida? Who Is Entitled to Compensation?
In Florida, a case or lawsuit for the wrongful death of a person is controlled by Chapter 768 of the Florida Statutes and related case law. By Florida law, a wrongful death action is brought or filed by one Plaintiff on behalf of the estate of the decedent and the statutory survivors of the decedent. See Section 768.20 and Section 768.21, Florida Statutes. The Plaintiff in a wrongful death action is the personal representative of the estate. The personal representative can be a relative and / or a beneficiary of the estate of the person who was wrongfully or negligently … Continue reading
Am I Entitled to Pain and Suffering Compensation When Injured in a Florida Automobile Accident?
Am I entitled to pain and suffering compensation when I am injured in a Florida automobile accident? The answer to this question, like many legal questions, is “it depends”. In Florida, there is a specific statute in place that addresses the issue of pain and suffering type of damages for injuries sustained in an automobile accident. When a person is injured in an automobile accident, a person can pursue a claim or case for pain and suffering type of damages if if the person suffers a permanent injury, disfigurement, and or scarring. See Section 627.737, Florida Statutes. The legal requirements … Continue reading
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