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Monthly Archives: January 2012

Is Marital Discord or a Potential Divorce a Factor to Be Considered in Compensating a Surviving Spouse in a Florida Wrongful Death Act?

In Florida, the surviving spouse is entitled to compensation for economic losses and non-economic losses when his or her spouse in a Florida Wrongful Death action. A Florida Wrongful Death attorney can help a surviving spouse and other family members with the complex legal issues that are often times involved in such an action, claim, and / or lawsuit. As noted in Adkins v. Seaboard, 351 So.2d 1088 (Fla. 2nd D.C.A. 1977). The wrongful death statutes allow for the recovery of economic losses which include loss of support and services. The statute also allows for the recovery of sentimental losses … Continue reading

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Can a Child Born Out of Wedlock Bring a Wrongful Death Case for the Death of a Parent in Florida?

In Florida, the death of a parent can and does have a lifelong effect on the surviving children of the parent. It is most unfortunate and tragic when a person loses his or her life due to the neglience or fault of another person, business, and / or government entity. Florida law recognizes the rights of children born during the marriage of the right to recover damages and compensation for the loss / death of a parent. Furthermore, Florida law recognizes the right of a child born out of wedlock to the compensation / damages as well. There are a … Continue reading

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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

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Fatal Bicycle Accident (Daniel Paul Smith) Reported in Polk County, Florida

In Polk County, Florida, a tragic bicycle accident was reported. Daniel Paul Smith was riding a bicycle on the shoulder of the road on U.S. Highway 27 when he was hit by a Semi Tractor Trailer. Deputies from the Polk County Sheriff’s Office responded to the scene of the accident and will conduct a death investigation as to this matter. The bicyclist was ultimately pronounced dead after transport to Lakeland Regional Medical Center. For more details as to this incident, see Fatal Bicycle / Trucking Accident Reported in Polk County, Florida. Florida has laws and regulations in place for the … Continue reading

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Skydiving Death of Doctor (T. Elaine McLaughlin) Reported in Zephyrhills Florida

In Zephyrhills, Florida, a tragic incident was recently reported. Dr. T. Elaine McLaughlin died in a skydiving accident on the first day of this year – New Year’s Day. While the cause of death seemed rather apparent, there was an autopsy performed which confirmed that Dr. McLaughlin died as a result of the trauma by the impact of the skydiving incident. For more information regarding this story – See Skydiving Death of Doctor Reported in Florida. A death or serious injury resulting from skydiving do happen from time to time. Some incidents are unforeseeable and happen due to factors beyond … Continue reading

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Motorcycle / Pedestrian Accident Reported in Suwannee County Florida

In Florida, pedestrians are the unfortunate victims of hit and run accidents. One such incident was reported in Suwannee County Florida. A pedestrian was struck by a motorcyclist on Highway 129 and then fled the scene. The pedestrian suffered personal injuries included a dislocated foot. Thereafter, the motorcyclist fled the scene. The Florida Highway Patrol responded to the scene of this pedestrian accident. See Motorcycle – Pedestrian Collide – Motorcyclist Leaves the Scene of the Florida Accident. Florida law requires that a driver of any vehicle involved in an Florida accident that results in personal injury or death to stop … Continue reading

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Motorcycle / Pedestrian Accident Reported in Suwannee County Florida

In Florida, pedestrians are the unfortunate victims of hit and run accidents. One such incident was reported in Suwannee County Florida. A pedestrian was struck by a motorcyclist on Highway 129 and then fled the scene. The pedestrian suffered personal injuries included a dislocated foot. Thereafter, the motorcyclist fled the scene. The Florida Highway Patrol responded to the scene of this pedestrian accident. See Motorcycle – Pedestrian Collide – Motorcyclist Leaves the Scene of the Florida Accident. Florida law requires that a driver of any vehicle involved in an Florida accident that results in personal injury or death to stop … Continue reading

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Elderly Couple (A.C. Jordan and Eunice Jordan) Die in Lee County Alabama Pedestrian / Automobile Accident

In Lee County, Alabama, an elderly couple (A.C. Jordan and Eunice Jordan) tragically lost their lives in a horrible accident that took place on New Years Eve. It was reported that the Jordans were travelling in a Lexus sedan that either had stopped or slowed down for some reason. A driver in a Ford Taurus vehicle rear ended the Lexus. Thereafter, the Jordans got out of their vehicle to inspect the damage. Then, a Ford pick up truck crashed into the Jordans and the Lexus. It was a very sad and tragic end to New Years Eve for the Jordans. … Continue reading

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Do I Automatically Win My Personal Injury Case / Claim if the Other Driver Receives the Traffic Citation?

Do I automatically win my Florida personal injury case if the other person gets the traffic citation from the police officer? The simple answer to this question is “No”. A person does not automatically win his or her Florida personal injury case just because the other person received the citation following the Florida automobile accident. In Florida, a police report is generally inadmissible a civil lawsuit for the personal injuries against the driver listed in the accident report. What is the reasoning behind this Florida law? If the accident report is admissible, then the decision or the factual resolution of … Continue reading

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What is UM (Uninsured or Underinsured) Motorist Coverage in an Automobile Accident?

What is uninsured / underinsured motorist coverage under a Florida automobile insurance policy? Uninsured / Underinsured motorist coverage is commonly referred to as UM automobile insurance coverage. UM coverage provides for compensation to a covered person when a Florida automobile accident is caused by a person who does not have bodily injury insurance coverage for a person. Alternatively, UM coverage provides for compensation when the at fault driver / at fault owner has bodily injury insurance coverage but the amount of coverage is insufficient to fully compensate the injury victim for his or her damages / personal injuries. Prior to … Continue reading

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