Serving Port Charlotte and Southwest Florida
Call Now For A Free Consultation 941-625-HURT toll-free: 1-888-538-4878

Contact All Injuries Law Firm , PA

  • Direct: 941-625-4878
  • Toll-Free: 1-888-393-9036
  • Fax: 941-625-8772
  • E-Mail
  • Port Charlotte: 2340 Tamiami Trail Port Charlotte, FL 33952
  • Ft. Myers: 5237 Summerlin Commons Blvd Fort Myers, FL 33907


Law Firm Blog

Free Case Review

Understanding Florida Wrongful Death Laws

 Understanding Florida Wrongful Death LawsOne of the worst experiences in people's lives is the death of a loved one. There is disbelief, grief, pain, and sorrow. However, if your loved one died because someone was careless or didn’t pay attention then in addition to all of your other emotions there is anger that your loved one was taken from you unnecessarily and all that implies. Wrongful death can occur for many reasons, auto accidents, pedestrian accidents, defective products are a few examples. While it cannot bring your loved one back, you can seek compensation in a wrongful death suit. Wrongful deaths are tried in civil court, and the goal is to provide economic and non-economic compensation to the victim’s family.
What Is Considered A Wrongful Death?
In the state of Florida, statute 768.19 specifically defines that “when a person’s death is caused by the wrongful act, negligence, default or breach of contract or warranty”. If the death of your loved one matches this definition than the “estate” of your loved one can file a lawsuit seeking damages. In Florida, there are four elements the lawsuit must be based on:

●... full post

The Stakes Are Higher When Wrongful Death Happens To A Child

When Is The Right Time To Hire A Lawyer After An Accident?In California, a highly publicized case came to final decision and tragic—but just—close as a family tries to put their lives together and move forward in the face of an irreplaceable loss. The world-famous Swedish furniture retailer, Ikea, has settled with a family for an astounding $46 million after their child was crushed by an Ikea product. This may very well be one of the largest wrongful death settlements in American legal history.
A Proactive Business Model
Ikea is well-known to Americans and other shoppers throughout the world as the go-to destination for cheaper, but stylish furniture. One of the reasons that Ikea can set significantly lower prices is the assembly-required business model they use. Unlike many other furniture stores that display artisan or professionally manufactured furniture that customers buy and then relocate to their home, Ikea shows off fully assembled furniture, but the actual product is “flat-packed” in a warehouse on-site, picked up and then assembled at home.

As a result, there’s a certain expectation that Ikea furniture is only as good as the effort you’re willing to put... full post

How Do I Sue For Wrongful Death?

Survival Action & Wrongful DeathWhen a family member dies as a result of recklessness or negligence of someone or something it is considered a wrongful death. Family members such as parents, spouses and children of the deceased can seek a wrongful death claim or lawsuit to be compensated for the financial damages and emotional toll. In order to be successful in a wrongful death claim you must be able to prove four key points: negligence, breach of duty, causation and damages.
Proving A Wrongful Death Case
To prove a wrongful death claim or lawsuit, the surviving family members of the deceased must prove each one of these key points to be successful and get financially compensated. These points are as follows:

• Negligence: The attorney of the surviving members must be able to prove the death of their loved one was totally or partially caused by the defendant due to carelessness, recklessness, or negligence.

• Breach Of Duty: The next step for the family members (plaintiffs) is to prove that the defendant owed a duty to the victim. An example is that as an auto driver we have a duty to drive the posted speed... full post

How Much Are You Owed In A Wrongful Death Lawsuit?

How Much Are You Owed In A Wrongful Death Lawsuit? When you lose a loved one, it can be a traumatic event. The void left in the world and in your life by their passing is one that can never be filled. Making matters worse is when a loss occurs due to the reckless or negligent actions of someone else.

If that happens, those left behind do have rights. Filing a wrongful death lawsuit is an option that can help provide closure, justice, and peace of mind to those who lose a loved one. It can never replace a loved one, but it may help you find financial stability in the months and years after losing them.

Who Can File A Wrongful Death Lawsuit and When?

Wrongful death lawsuits are to be filed by those who are related to a person killed due to an accident. Only blood relations may file a claim including:

• Children
• Parents
• Spouse
• Siblings, if it is shown that the sibling was dependent upon the deceased

These claims can only be filed when it is shown that the person passed away due to reckless or negligent behavior. This can mean... full post

Reasons To Hire An Attorney After A Car Crash Results In Wrongful Death

Reasons To Hire An Attorney After A Car Crash Results In Wrongful DeathMany different types of unfortunate events can lead to wrongful death. One example is workers getting exposed to harmful chemicals or hazardous conditions while on the job. Sometimes, employers knowingly put their agents in harm's way. Then again, on other occasions, they may do so by mistake. In either case, that does not justify a human dying on their watch.

Another issue that can cause loss of life is a manufactured product, which is defective or faulty. For instance, hoverboards were all the rage just a few years back. However, a lot of the devices wound up having battery packs that exploded. In turn, the risk of death increased, whether a person was on the unit at the time or not. After all, if the scooter was inside an individual's house during the event, a fire could have broken out, leaving him or her susceptible to smoke inhalation and flames.

There is also the possibility of wrongful death when guns are improperly handled. These unfortunate accidents can happen to adults and children alike. When one of the weapons is... full post

How A Wrongful Death Claim Can Help Your Family Recover After A Loss

How A Wrongful Death Claim Can Help Your Family Recover After A LossLosing a loved one from the actions of another person is a devastating experience. Add to that the expenses and impact of the loss of that loved one and it cannot only be emotionally upsetting but financially disastrous. In these cases, the last thing you want to think about is a lengthy legal battle. We understand completely. However, you deserve not only compensation for your loss, but justice for what happened to your loved one.

Who Can File A Wrongful Death Claim?

Legally a wrongful death is considered the death of a human being due to the wrongful act of another person. A wrongful death lawsuit is filed on behalf of the members of the family of the deceased. In the state of Florida, the following can pursue a wrongful death suit:

● Spouse
● Children
● Parents
● Dependents

These are considered survivors or beneficiaries under state law.

What Are The Damages Available In A Wrongful Death Case?

When your loved one passes, you aren’t just left to deal with the grief. Often times you are left with serious bills. This is especially hard when your loved one was the... full post

Determining Damages In A Florida Wrongful Death Case

Determining Damages In A Florida Wrongful Death CaseWrongful death cases are a different sort of personal injury case. While in personal injury cases determine damages based upon the impact the incident had on the injured party, wrongful death cases determine damages based more upon the impact placed on the deceased party’s surviving loved ones. From their economic well-being, to their emotional well-being, wrongful death case settlements are to cover many different impacts, helping the surviving family to better recover from the devastating incident.

Compensatory Damages

Compensatory damages will make up the bulk of a wrongful death settlement. These damages are awarded in order to repay the victim’s family for expenses such as medical costs and funeral expenses. If the deceased required ongoing medical care before eventually succumbing to their injuries, these expenses will be covered in compensatory damages as well.

Proving compensatory damages is fairly simple. The family of the deceased will simply need to submit all medical bills and records into their evidence, proving the amounts they’ve paid in order to cover these costs. In wrongful death cases, compensatory damages are rarely contested if the proper evidence is... full post

School Bus And Pedestrian Safety

School Bus and Pedestrian SafetyWith school back in session, it is important that we brush up on the laws regarding school buses and pedestrian safety to avoid any accidents. The traffic in the morning and afternoon on school days can prove to be a mess due to the massive congestion. Kids are in a hurry to get to school on time or get back home, and drivers are worried about making it to their destinations on time.

It is when this hurried feeling of pedestrians and motorists alike get in the way that can cause accidents that could have otherwise been avoided if proper care was taken.

Dropping Off the Kids

If you drive your children to school, to avoid any accidents, you should always follow the proper drop off procedures as designated by the school. Never double park your car because doing so can block visibility for others. Never load or unload children on the side of the road by the school, and it may be beneficial to carpool to and from school to reduce the number of vehicles in a hurry to drop off or pick up students.

Sharing the Roadways

As a... full post

Watch Out For Heatstroke In Cars This Summer

Watch Out For Heatstroke In Cars This SummerMost of the time when we talk about negligence that can result in injury, especially when it comes to children, we usually place the blame on something that an adult isn’t doing, such as carefully monitoring a swimming pool while children are playing. Or forgetting about gun accessibility, leading to a discharge in the home. Or even just not paying attention to the road because something on the phone was more interesting than whatever was on the road itself.

But there’s one area where negligence can come from what an adult does, and that is leaving children—or even pets—in a car during the summer. Sometimes this can lead to serious illness, and other times, tragically, it can lead to death.

The Florida Danger

Everyone makes mistakes, and sometimes an act of carelessness can result in inconveniences, such as forget-ting to put the lid on a cooler and letting the ice keeping the drinks cool melt. But other times, negligent mo-ments can lead to injury, and sometimes even death. Heatstroke is not something that is normally associated with an act of carelessness, but in Florida, that is very much... full post

Understanding The Basics Of Florida Wrongful Death Claims

Understanding The Basics Of Florida Wrongful Death ClaimsIf you’ve lost a loved one through the negligent actions of another party, it can be devastating. Your family and your loved one deserves justice. Though no amount of money will ever make up for the loss of their life, a settlement for wrongful death can help reduce the burden of the loss. It can help make sure everything from funeral costs to your family’s future financial stability are covered.

What Is Wrongful Death?

Wrongful death is the legal term for when someone has lost their life as the result of another’s negligent or wrongful acts. In the state of Florida, wrongful death is defined by legal code 768.18 “The Wrongful Death Act”. The legal code also defines the right to action, who can file a wrongful death claim, damages that can be awarded, and the statute of limitations for wrongful death claims. Wrongful death is a civil claim and can be filed alongside a criminal case.

Who Can File A Wrongful Death Claim In The State Of Florida?

Florida law allows a personal representative of the deceased person’s estate to file a wrongful death... full post

Accidental Death Vs Wrongful Death

 Accidental Death Vs Wrongful DeathWhen someone close to us dies in some incident, it’s natural to cast about for reasons why it happened. And if there is some cause to believe that someone else may be responsible for the death, it’s also natural to seek out justice. But while something like a murder case, where a criminal deliberately seeks to kill someone else has a clear line of action and resolution, when things occur in an accident situation, resolution becomes more difficult to neatly resolve.

For example, in a situation where a child is hit by a car, clearly it was a driver, behind the wheel that plays some part in the death of the child. But is the driver actually responsible? A lot of factors play into answering that question, and the answer will determine whether the death was accidental, or a case of wrongful death, where legal action can be taken.

Accidental Death

When a death is legally decided to be accidental, that means that no one is held responsible, and therefore, no criminal charges or civil lawsuits can go forward. In our example of a child, if the driver is alert,... full post

How Do You Assign Fault In A Public Accident?

   How Do You Assign Fault In A Public Accident?Thursday, March 15, 2018 is going to be a date that will be remembered by everyone at the Florida International University in Miami. A pedestrian bridge that was still not considered complete, and wouldn’t be fully operational until 2019 collapsed, killing six people and burying vehicles that were passing under it. The tragic irony of the situation is that the bridge had originally been built in order to save lives, as a way to prevent more traffic accidents with students hit by cars as they attempted to cross the street.

This is not like typical cases that a personal injury lawyer would normally take. In the majority of cases, there will be a vehicular incident, such as a car crash, or there may be an accident on the job that causes an injury, or there may even be some negligence at work in a place of business, such as people taking a fall due to slippery, just washed tile on a floor.

But an entire bridge collapsing before it is even fully constructed is a very unusual situation. This is not a case... full post

Miami Bridge Collapse Victims Recovered

Miami Bridge Collapse Victims Recovered The recent tragic bridge collapse near Miami led to numerous deaths, and Miami-Dade Police Director Juan Perez recently told reporters that all victims killed in the accident are now accounted for.The accident showcases not only the importance of serious oversight in bridge construction, but also the importance of understanding where fault may be placed in a personal injury case.

The Collapse

The accident occurred on a bridge connecting Florida International University and the city of Sweetwater to one another. However, the 174-foot main span of the bridge was placed just five days before the collapse, and emergency workers have struggled to remove 950 tons of weight from the accident site.

Those killed in the accident ranged in age from 18 to nearly 60, though only a few names have been released thus far. The National Transportation Safety Board is currently investigating the accident and what could have led to it, and a report claims that an engineer left a voicemail for a Florida International University employee stating that there were visible cracks in the bridge just two days before the collapse, but the message wasn't heard until the day... full post

Picking Up The Pieces After The Death Of A Loved One

When someone you love has been taken away as a result of an unexpected accident, you’ll likely experience a flurry of emotions. The deepest levels of hurt can only be matched by the deepest levels of anger toward the negligence of the party that caused the death. Recovery from such a loss might be difficult and take time, but if you believe that another party is at fault in the death of your loved one, you might be able to file a wrongful death claim against them.

Who Can Bring About A Wrongful Death Suit

Under Florida law, when a person’s death is caused by the wrongful act, negligence, default, or breach of contract of another person, the deceased person’s estate can bring about a civil lawsuit to seek losses. The individuals who can bring about a wrongful death claim include those who are related to the deceased as a:

• Spouse
• Child
• Parent
• Dependent blood relative
• Child born out of wedlock of the mother; also of the father if it is established that the father assumed responsibility and support for the child.

The claim must be filed by a personal representative of the estate, typically named in the estate plan or... full post

Amtrak Derailment Could Bring Lawsuits

Amtrak Derailment Could Bring LawsuitsRecently, an Amtrak train derailed just south of Seattle, Washington. The train was making its first-ever trip, traveling from Seattle to Portland, Oregon. When the train derailed, it toppled over an overpass and crashed onto the highway below. The tragedy resulted in three deaths and over 100 injuries. Unfortunately, it appears that liability suits will be an issue as families attempt to heal and move forward.

What Caused The Accident?

The train derailed because it was going nearly 2.5 times faster than it should have been. The train entered a curve at 81 mph, even though the recommended speed was 30 mph. Those killed were all passengers on the train. Although the train struck at least five cars when it tumbled to the highway, no vehicle passengers were killed.

Unfortunately, the new railroad came under heavy scrutiny, which makes an event like this all the more tragic. The mayor of Lakewood, a nearby town, had fought against the rail line, even saying on record that someone would end up being killed. Mayor Don Anderson was concerned about the lack of railroad crossings because people in the area... full post

Stay Safe And Free Of Personal Injuries This Hunting Season By Avoiding These Products

stay-safe-and-free-of-personal-injuries-this-hunting-season-by-avoiding-these-productsWhenever a person reads or hears the word recall, their mind likely drifts to an image of a car with an airbag failure. The reason is, over the past decade, or so, the Takata corporation has garnered much of the attention. However, items that many of us utilize every day can also affect one's livelihood. Take cell phones for instance. The days of pay phones and pagers are gone, and it is difficult to find a traveler without a device by their side. Smartphones are essential for accessing information at the touch of a screen. Technology has touched our lives in ways that never before seemed possible. Therefore, it stands to reason that the accessories of these products sustain substantial use.

Overheating electrical charges can start a fire, leave behind different degrees of burns on the skin, and even pose an electrocution risk to consumers. Something as simple as recharging your battery could have lasting negative consequences, and on occasion lead to a wrongful death. This example shows that personal injuries can happen anytime, anywhere, and with items that most of us do not view as being dangerous. If you or a... full post

Wrongful Death Can Be Caused By Wrongful Acts

Wrongful Death Can Be Caused By Wrongful ActsThe unexpected loss of someone close to us can, unfortunately, happen in numerous ways in the blink of an eye. Beyond the random, unavoidable occurrences, such as a severe illness, or loss due to some extreme environmental catastrophe like an earthquake or a hurricane, there are plenty of more down-to-earth situations that result in the loss of life.

Wrongful death is, sadly, one of those instances. Wrongful death is when the surviving family members of someone who has died realize that someone else was responsible for a death that was otherwise preventable and decide to go to court. In many cases, wrongful death is usually about negligence, which means that a defendant is being taken to court because that person, group or business had a basic responsibility they were expected to perform, and failed to exercise that responsibility, which resulted in death.

But there is another instance in which wrongful death can occur, and a personal injury lawyer would be required for a court case. This is known as a “wrongful act.”

Not An Accident

In Florida, a wrongful act is legally interpreted as an intentional act... full post

Were There Wrongful Deaths At Hollywood Hills?

Were There Wrongful Deaths At Hollywood Hills?One of the things that many people learn when a severe weather event such as a hurricane occurs is that the most dangerous time is not necessarily during the storm itself. While a storm is a capable of ripping off the tops of buildings and even knocking down trees, often it is the chaos after a storm passes when the danger is greater.

For eight seniors at the Rehabilitation Center in Hollywood Hills, this was a tragic discovery that was made when the residents at this care center found their lives endangered not by gale force winds, but heat in their rooms.

A Lack Of Power

The management of the Rehabilitation Center made the decision to not move their residents when news of Hurricane Irma’s approach came. They had confidence in the structural integrity of their building, and were sure that the people in their care would remain high and dry as the storm passed. They were right about their assessment, and even as the hurricane hit the area, the seniors in the care of the Rehabilitation Center staff were well protected against the elements.

Tragically, however, while the... full post

Should Parents Be Accountable For The Acts Of A Child?

Should Parents Be Accountable For The Acts Of A Child?In July of this year, a sad case took a dramatic turn of events as one set of parents went to court against another family for wrongful death. In this case, two 14 year old teenagers went missing and now one family is blaming the other, and taking a definitive stance by going to court, suing for negligence and wrongful death.

What happened? How did it come to this?

A Trip Gone Wrong

This court case stems from an incident that took place two years ago, at the town of Jupiter Inlet, in the Palm Beach area. In July of 2015, 14 year old Perry Cohen and Austin Stephanos left Jupiter Inlet alone and unsupervised on an 18’ craft headed for some pleasure cruising on the ocean. They never returned. A search was conducted for the teens and the boat they had left in, but while the boat itself was eventually found and recovered, the two teenage boys were never found.

Now, two years, later, Pamela Cohen, the mother of Perry is part of a lawsuit for negligence and wrongful death that is focused... full post

Survival Action & Wrongful Death

Survival Action & Wrongful DeathOne of the worst things that can happen to any family or group is losing a loved one through a senseless accident that could have easily been prevented. When someone else’s negligence, carelessness or sheer recklessness takes someone away, even if it is accidental—or perhaps especially if it is accidental—there should be consequences. No one should be responsible for causing the death of another person and simply be allowed to walk away and resume his or her life than the lives of others have been irreparably altered due to this loss.

This is where an accident lawyer helping with a case, such as wrongful death can make a big difference. But not all situations are as simple as the tragedy of a loss of a life. Things do not always play out as a binary scenario of a person either surviving or not surviving an accident. And that’s when things can get complicated, which is why we’re going to look one of the more complex and upsetting legal situations, the survival action, and how it compares to wrongful death.

Delayed Reaction

There may be some cases where a terrible... full post

Knowing Your Rights When You Lose A Loved One

Knowing Your Rights When You Lose A Loved One Personal injury law can encompass a lot of different specific things and specific types of accidents, but in the end, the primary thing to keep in mind is simply that those who are injured by the reckless or negligent actions of someone else could be entitled to financial compensation for their injuries.

But what about those who lose a loved one to an accident? When someone dies due to the reckless actions of another party, it is what is known as 'wrongful death' and the survivors who are left behind do have rights. One of those rights is the opportunity to seek out financial compensation for their loss.

Knowing Your Rights

The first step you'll need to take is understanding what wrongful death claims involve and what allows you to seek compensation. Essentially, these types of legal claims are the same as other personal injury claims in that it must be shown that your loved one was killed through reckless or negligent actions of someone else.

This can include a wide range of things including:

Failure to provide safe working environments
Failure to correct safety... full post

What’s The Difference Between Wrongful Death & Murder?

What’s The Difference Between Wrongful Death & Murder?During the years 1994 and 1995, most of America was fixed to the television waiting for the latest courtroom developments in the case of former football athlete O.J. Simpson and his trial. He was accused of murdering his ex-wife and her friend. This was clearly a criminal court case, and it was one of the most widely followed and talked about court cases of the 20th century, not just for the notoriety of the person involved, but even the questions it raised about the American court and judicial process.

In the end, O.J. Simpson was found not guilty of murdering Nicole Brown Simpson, or Ron Goldman, but his time in court wasn’t over. Despite being found innocent of murder, Simpson was sued for wrongful death, and this was a trial he lost. He was subsequently required to pay out 33.5 million dollars in damages because Simpson, despite being innocent of murder, was found liable for wrongful death.

So how did this happen? How can someone not be a killer and yet be responsible for the death of others?

Criminal & Civil

This is one of those situations... full post

What Qualifies As A Wrongful Death?

What Qualifies As A Wrongful Death?Nobody ever really wants to file a wrongful death suit. After all, if you’re suing someone for a wrongful death, that means that someone very close to you has died. Not only that, it means that a person may have been responsible for your loved one’s death. And while the money you stand to get from a successful suit may cover things like funeral costs and lost income, no amount of money will ever bring someone you love back from the dead.

Still, if you do find yourself in a situation where you think you can file a wrongful death suit, it can help to know exactly what situations count as a wrongful death.

Malicious Act

If someone dies due to a deliberate, malicious action, that easily qualifies as a wrongful death. In such cases, the wrongful death suit usually waits for the criminal murder or manslaughter case to come to a verdict first, and if the jury finds the defendant guilty then the civil wrongful death case generally just goes through the motions. Still, sometimes the civil case will find the defendant at... full post

Why You Should Pursue A Wrongful Death Claim

Why You Should Pursue A Wrongful Death ClaimLosing a family member can be incredibly traumatic, especially when it wasn’t their time. Between the grief and dealing with the financial impact of the loss, it can be emotionally overwhelming for anyone. Though no amount of money can ever make up for losing a loved one, a wrongful death claim can help ease some of the impact of their loss and help protect your family from even more hardship. So if your family member has passed as the result of a wrongful death accident, you need to pursue a wrongful death claim.

What Is Wrongful Death?

Wrongful death is a legal term for when someone has lost their life as the result of the actions of another person. Wrongful death includes all kinds of fatal accidents from car accidents to product liability to occupational hazards to intentional acts of malfeasance or violence. Since the victim is no longer alive, a wrongful death suit is brought by a representative of a person’s estate, typically a family member. A wrongful death case... full post

Understanding Wrongful Death

Understanding Wrongful Death Of all the various types of personal injury law, one of the most damaging to families is that which involves wrongful death. Wrongful death law has a direct impact on everyone in the life of the person who is lost, and in more ways than one.

While overcoming the loss of a loved one is an emotional challenge that will leave lasting memories forever, it’s even worse when the death could have been prevented and was instead caused by the reckless or negligent actions of another. Taking a closer look at wrongful death law is something that is well worth doing for anyone who has lost a loved one recently.

What Is Wrongful Death?

Essentially, wrongful death in terms of Florida law refers to a death that has occurred as the direct result of the reckless or negligent actions of another party. If certain conditions are met, the negligent parties could be ordered to pay financial compensation to the family of the deceased.

In order to seek compensation for wrongful death, it must be proven that the other party acted in a way that was negligent or... full post

The Difference Between Murder And Wrongful Death

The Difference Between Murder And Wrongful DeathWhen you are facing the death of a loved one it can be very hard to know what to do next. The trauma and grief of losing someone you love can make it difficult to understand just what the loss means for your family. Though financial compensation will never be enough to bring back your loved one, it may be a necessary avenue to secure the financial well-being of your family. If your family member has died because of the actions of another it is crucial you understand the difference between wrongful death and a homicide so that you can evaluate your legal options and make a choice for the best course of action for your family.

What Is Murder?

Murder is a criminal form of murder where the actions of one person directly lead to the death of another. Since murder is against the law, murder charges are brought against an individual by the state. Murder is determined by intent. If a person intentionally kills another person they are guilty of murder. ... full post

How To Pick A Good Nursing Home For Your Parents

How To Pick A Good Nursing Home For Your ParentsWhen our parents reach their golden years, we want to make sure that we provide them all of the love and care they provided us. However, often times we don’t have the medical expertise needed to adequately care for the health and well-being of our parents and so we will look for someone who does. A common alternative is to put our parents in a good nursing home where they will receive round the clock care. However with the high rates of elder abuse, it can be a terrifying prospect to trust the care of you beloved family members to strangers. So here are some tips on picking a good nursing home for your parents:

Consider Your Parent’s Medical Needs

Depending on the severity of their health issues, you need to find the right type of nursing home for them. If your parents have health issues but are still high functioning, you’ll want to look at household care. Household care are nursing home communities where seniors live independently... full post

Types Of Medical Malpractice

Types Of Medical MalpracticeWhen most people think of medical malpractice they think of doctor errors or mistakes. However, there are many other types of medical malpractice that can impact your and your family’s health and well being. We have put together this guide of the most common types of medical malpractice in case you or a loved ones has received negligent care.

Doctor Errors

Doctors errors occur when a doctor treats a patient without the competency required for the treatment. These errors can also occur if the doctor is negligent or distracted. Doctor errors can also concern prescribing the wrong medication or a dangerous dosage. Doctor errors can also happen during surgery, childbirth, the administration of anesthesia, and any other form of medical practice.

Surgical Errors

Surgical errors happen during surgery. Surgical errors are the result of a surgeon lacking the competence to perform the procedure, distractions, or can be deliberate. Surgical errors can also occur as a product of misdiagnosis and the surgeon does not do their due diligence to ensure they are performing a necessary or appropriate procedure.

Nurse Errors

Nurse errors are... full post

Is A Wrongful Death Suit Right For Your Family?

Is A Wrongful Death Suit Right For Your Family?When a family member dies from a wrongful death, it is incredibly hard on the survivors. There is no real remedy for the loss of a loved one, however a wrongful death suit may help you seek justice and ensure the future safety and security of your family. When dealing with grief it is difficult to think about going through a legal battle, however a good lawyer understands the stress and the trouble, and will help guide you through a wrongful death suit so that it is not a strain for you and your family to see justice for the loss your loved one.

What Is Wrongful Death?

Wrongful death is when a person has died through the negligence or misconduct of another person or the actions of a company or entity. A wrongful death lawsuit is a civil claim brought forth by survivors. During a wrongful death lawsuit the survivor or survivors seek compensation for the losses associated with the death.

Types Of Wrongful Death Cases

There are several types of... full post

Wrongful Death Laws And Your Legal Options

Wrongful Death Laws And Your Legal Options The legal system is one of the most complex, confusing, and misunderstood parts of the American way of life. But one thing that most are well aware of is simply that when a person you love has lost their life due to the reckless or negligent actions of someone else, it can feel as though you deserve justice. That’s because you do, and for those who find themselves in these situations filing a wrongful death lawsuit is something worth taking the time to consider.

The first step to doing so is simply to contact a wrongful death attorney. They’ll review your situation and make a determination as to the strength of your case and whether or not you have the legal grounds to seek compensation for your loss. This usually comes down to a few basic things:

Fault is based on acts of negligence and recklessness. In short, you must show that the other party acted in a manner that was reckless or negligent and that they were aware that their actions were as such.

You must... full post

Understanding Florida’s Wrongful Death Laws

Understanding Florida’s Wrongful Death LawsThere have been a lot of high profile vehicle recalls lately, including the General Motors ignition switch scandal. GM’s case involved faulty ignition switches that could shut off engines on the road and prevent airbags from properly inflating. Although GM knew about the ignition switches for at least 10 years, only in 2014 did they begin to recall nearly 30 million cars that had the faulty ignition switches.

The faulty switches were admittedly linked to 124 deaths, and there could be more that GM has not yet acknowledged. In cases like this, the term “wrongful death” gets bandied about, but what exactly does that entail?

Origins Of Wrongful Death Claims

Traditionally, deceased persons could not bring law suits in court. As a result, if someone’s wrongful actions resulted in another person’s death, he was immune from civil suits even though he could have been sued if the other person had just been injured, but did not die.

To close this loophole, states began enacting wrongful death statutes, which specifically enabled surviving family members to bring suit on behalf of the deceased.

Who Can Bring A Wrongful Death... full post

What You Should Know About Asbestos In The Workplace

What You Should Know About Asbestos In The WorkplaceAccording to the Occupational Safety and Health Administration, as many as 1.3 million people in the U.S. go to a workplace where they are exposed to a significant amount of asbestos. For decades it has been well-established that there is a link between asbestos and serious health problems like mesothelioma. However, several employees have much more questions than they do answers when it comes to asbestos.

The Health Risks Of Asbestos In The Workplace

Asbestos is a naturally occurring fibrous material. Due to its durability and resistance to heat and flame, asbestos has been utilized in dozens of industries and occupations for decades. However, long before its popularity in the industry peaked, asbestos quickly became linked to several health problems. Which makes it unsurprising that thousands of workers have developed a deadly asbestos-related disease called mesothelioma.

As we have mentioned, the dangers of asbestos have been clear for decades now. In fact, everyone breathes in trace amounts of asbestos each day, since it naturally occurs in nature. However, because asbestos fibers can be inhaled, even short-term... full post

Wrongful Death: Defective Product

Wrongful Death: Defective ProductThe death of a loved one is heartbreaking and painful. This is an event in our lives that we had always hoped would never happen. When that death wasn’t due to natural causes, but rather a defective product, it can be especially unfortunate.

Some products are naturally dangerous such as a kitchen knife. However, consumers don’t expect to suffer injuries while using a product that is made to keep us safe or has promised us to be safe to use. Unfortunately, some still end up paying the price for home appliances, automobiles, medical devices, and several other products that fail or became more dangerous than it was supposed to be.

Product manufacturers need to ensure that their products are safe from defects that may cause injury or death. When companies fail in this duty, it is their customers that end up paying the price. However, the survivors of the deceased may be able to file a wrongful death lawsuit in order to the financial compensation needed to recover.

A wrongful death due to a defective product can happen because of any of the following:

Defective auto parts... full post

Volkswagen Isn’t Alone In Earning Government Fines

Volkswagen Isn’t Alone In Earning Government FinesAs far as automotive news goes, Volkswagen’s Dieselgate scandal has been hogging all the headlines. However, VW’s intentional attempt to fool regulators has been overshadowing those regulators’ attempts to step up and start penalizing car manufacturers for failing to issue recalls as quickly and as frequently as they ought to.

The GM Debacle

The thing about General Motors’ faulty ignition switches, which tended to shut off the car engine (and the air bags) while in motion, is that the National Highway Traffic Safety Administration and other regulators had opportunities to catch the problem early, but they failed to do so. GM’s bankruptcy and reorganization during the Great Recession go a long way towards explaining why even a major problem like the ignition switches would fall through the cracks, but even so evidence and fatal examples were piling up without anyone reading or acting on GM’s internal reports.

It took until 2014, around a decade after the problem first showed up on GM’s internal tests, before a new CEO and a barrage of personal injury and wrongful death suits forced... full post

The Downside Of Miracle Drugs

The Downside Of Miracle DrugsWe live in a golden age of new medications. Pharmaceutical companies are constantly releasing new drugs and new treatments on a monthly basis, drugs which are more powerful, work faster, and have fewer dangerous side effects than what’s already on the market. Thanks to these medications, people live longer, survive deadly diseases, and can cope with otherwise troubling disorders. However, not every aspect of this golden age is positive.

The price of new medications is rising steeply (some would say arbitrarily) and not every health insurance plan can afford to cover the latest and greatest in new treatments. What’s more, the pharmaceutical industry can be highly competitive, and that sometimes encourages drug companies to falsify or otherwise cheat on their tests so that they can beat their competitors to the market. Somehow they think that people won’t notice or link the painful suffering or death of the user to their unsafe drug, but things rarely work out in their favor.

Here are a few of the drugs that are out right now which may be responsible for several... full post

What To Do When A Hazardous Environment Leads To Wrongful Death

What To Do When A Hazardous Environment Leads To Wrongful DeathThere are few things as painful as experiencing a loved one's death. Though it is a natural part of life, nobody is eager to say goodbye. This can be even more painful when you believe your loved one death is due to someone's reckless actions or neglect. If you believe that your loved one's death could be a result of someone's actions or neglect, you may be able to file a wrongful death claim.

Though there are many different types of 'wrongful death' claims, death due to hazardous environment is not as talked about as it should be. Exposure to hazardous and toxic substances is dangerous and can result in fatal injuries. Sadly, many of these materials can be found in products for all kinds of uses. However, a company that fails to protect its employees and the general public from exposure to such chemicals and materials should be held accountable for their actions and neglect.

Fatal injuries can result from exposure of hazardous and toxic materials and are most... full post

Know Your State: The Common Flux Of Common Law

Know Your State:  The Common Flux Of Common LawFor as powerful as federal institutions and agencies are in the United States of America, large parts of both the civil and criminal codes are left to individual states to legislate and enforce. Major laws are generally consistent throughout America – laws such as those which cover murder, arson, and robbery – but even then the details can change from state to state.

For instance, according to the common perception of homicide laws, there are two degrees of murder: the first is premeditated and the second is more spontaneous. Below that are several degrees of manslaughter where death is not intended, and lastly there’s justifiable homicide where the death is intentional but for some reason unavoidable.

The Florida Difference
If you happen to live in Florida, this system simply isn’t the case. According to Florida statutes, there are three degrees of murder:

The first degree covers premeditated killings and anyone killed by someone committing a major felony such as arson, robbery, or kidnapping.The second degree covers reckless endangerment outside of a vehicle... full post

Wrongful Death, Florida Law, Compensation And Justice

Wrongful Death And YouThere are few things in this world as painful as seeing a loved one die. Whether it’s your parent, sibling, or particularly your child, being a survivor is always difficult. And if you have cause to think that someone else is responsible for your loved one’s death, dealing with the pain can be even harder. Filing a wrongful death suit will not bring your loved one back, but it may be able to force the person or organization responsible to pay for what they’ve done.

The Way It Works

Homicide and criminal negligence are criminal matters which the state prosecutes in order to impose a fine, a prison sentence, or very possibly the death penalty. In contrast, wrongful death suits are civil cases which typically must be filed by a direct relative or the executor of the deceased’s estate.

While criminal cases are about exacting justice, the purpose of a wrongful death case is to compensate the survivors or the estate directly. This compensation includes obvious matters such as medical and funeral expenses, but it can also include payments based on emotional... full post

Understanding A Wrongful Death Lawsuit

Understanding A Wrongful Death LawsuitFew things are as difficult as losing a loved one. However, it's a sad fact of life that eventually we must say goodbye. But when someone close to you dies due to the actions of someone else, it's important to understand that you may not have to struggle financially to move forward with your life. A wrongful death lawsuit is something you may be able to pursue.

Wrongful death lawsuits are about much more than a cash grab, and are even about more than getting some kind of justice. In reality, they're an important way to pick up the pieces, grieve, and begin to get your life back together after losing someone you love. Losing a loved one can bring with it significant financial challenges including things like a lost source of income, heavy medical expenses, and large funeral costs. If the death was caused by the reckless actions of someone else, you shouldn't have to shoulder the burden on your own. That's where a wrongful death lawsuit comes into play.

Speaking with an attorney is the best way to go about taking... full post

Wrongful Death Claims And Florida Law

Wrongful death is a civil action that may be brought by the survivors of a deceased party. The Florida Wrongful Death Act specifically allows spouses, children, parents, and relatives who may have been dependent on the deceased to seek financial recovery.

The estate of the deceased may also file a wrongful death lawsuit to seek financial remedy for the losses sustained as a result of the tragic loss of a loved one.

There is a two year statute of limitations on wrongful death in Florida which means you should speak to a wrongful death law firm promptly if you believe you or your family have a wrongful death claim.

Types of wrongful death claims

An actionable wrongful death can occur anywhere and at any time. Some examples of wrongful death claims include the following:

- Slip and fall injury
- Premises injury
- Medical malpractice
- Birth injury
- Work or job-related injury
- Exposure to toxic materials
- Nursing home abuse
- Airplane accidents
- Boating accidents
- Car accidents
- Motorcycle accidents
- Criminal attack
- Animal attack

An experienced wrongful death lawyer knows how to evaluate your situation and determine whether you should bring an accidental death lawsuit. The sooner you contact an attorney the better in order that evidence can be preserved and... full post