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Category: Wrongful Death

Wrongful Death in Florida: The Elements You Need to Prove to Win

Prior to the 19th century, wrongful death and survivor statutes did not exist. Back then it was only the injured person who could bring forth a legal claim (“tort”) for any wrongdoings done against them. The family or heirs of a person who died as a result of another person’s negligence, carelessness, or intentional act could, therefore, not sue. Basically, when the injured party died, so did the legal claim.
Thankfully, things today are different, and the estate of a deceased person can sue for wrongful death per Florida statutes section 768.19. Our state defines wrongful death as death that can be attributed partially or wholly to the wrongful act, default, negligence, or breach of duty by another person or entity.…

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FL Has Most Road Rage Cases in US – How to Handle a Raging Driver

 
 
If you live in Florida and you have a driver’s license, you probably already know that our state has a lot of angry people on the road. However, you likely aren’t completely aware of the magnitude of the problem.
 
Following an inside look at data from D.C.-based non-profit Gun Violence Archive, Tampa Bay’s ABC affiliate, WFTS, reports that Florida leads the nation in road rage cases, surpassing both California and Texas in the total number of incidents since 2014.
 
Think about that for a moment. In 2017, California was home to 39.5 million people, and Texas boasted more than 28 million. What’s our population here in Florida?…

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Category: Bad Faith Insurance

First Party Bad Faith Versus Third-Party Bad Faith in Florida

 
Every responsible policyholder expects that their insurance provider will uphold their promise of responding to claims fairly and promptly. Nevertheless, it’s not uncommon for insurers to break the rules when settling legitimate claims that ought to be covered.
 
When an insurance agent or company fails to act as it is contractually obliged, it is said to be acting in bad faith. There are all kinds of ways that insurers can act in bad faith, but how complicated your case is will largely depend on the type of bad faith case you’re dealing with.
 
What determines the type of case? Who’s involved.
 
What Constitutes a Florida Bad Faith Claim?…

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Category: Legal Malpractice

Damages You Can Sue for in Florida Legal Malpractice Claims

 
Has a Florida attorney handled your case in a negligent manner? Did it cause you injury?
 
If so, you may be able to file a legal malpractice lawsuit against them. In this post, we’re going to describe what damages you can sue your ex-lawyer for.
 
First let’s look at what it takes to have a winning case.
 
Understanding the Legal Malpractice Laws of Florida
 
If an attorney acts with negligence that causes losses for you, you may be able to file a lawsuit against them.
 
How can you prove that they are guilty of malpractice and should be held liable?
 
The court will look at several key components before ruling on your case:
 

Did the attorney owe you a duty of care?…

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Gee, the Traffic is Terrific – December Driving Accidents in Florida

 
2017 marked the ninth consecutive year of rising year-end travel, with some 97.4 million people driving on a trip, and there’s no indication of a change in 2018. What’s more, Orlando, Miami, and Fort Lauderdale all landed in AAA’s top 10 holiday travel destinations.
 
Combine the 14 million licensed drivers on Florida roadways every day with more Floridians taking time off work for the holidays, plus the massive influx of December visitors, and it’s no surprise that Florida’s Integrated Report Exchange System – or FIRES – lists the final month of the year as the top month for auto accidents three out of the last five years (2013-2017).
 
If you happen to end up injured by a holiday run-in on our roadways, you need an experienced personal injury attorney to help you navigate your next steps.…

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Florida Parents: Read the WATCH List of the “10 Worst Toys” for 2018

 
Most toys are made with both fun and safety in mind. Toy manufacturers understand that the way to stay in business is to create products that provide parents with peace of mind and children with countless hours of enjoyment.
 
Sometimes mistakes are made, though. Perhaps someone didn’t really think things through at the design level. Or serious issues were missed in the product testing phase. Or maybe the company did actually allow quick and easy profit to motivate them.
 
Whatever the source of the problem, the result is a toy that isn’t just bad – it’s dangerous. Unfortunately, there are so many new toys out every day that it can feel impossible to keep track of them and know a safe one from one that is likely to cause harm to your child.…

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How to Get the Right (Safe) Car for Your Florida Teen

 
Are you looking to buy your teen their first car?
 
It’s a bigger decision than you might realize. While the vehicle they drive isn’t everything, it could be the difference between them getting into a serious car accident or keeping a clean record – and teens aren’t exactly known as the safest drivers on the road.
 
That’s why we decided to compile a list of what types of cars are safest for your teen – and the other drivers who will be sharing the road with them.
 
First, what not to get – and why.
 
Why an Old Beater Isn’t Best for Your Florida Teen
 
Many parents think that getting an old, cheap car is the best choice for their teen’s first car.…

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Holiday Decorating: How Floridians Can Avoid Electrical Injuries

The holiday season is here, and many people will be putting up decorative lighting here in Florida. If you’re one of them, you need to know the risks associated with holiday electrical injuries.
 
In this post, we’re going to tell you which injuries are most common, how serious they are, and let you know what you can do to fight back if you are injured due to a defective product or another type of negligence.
 
Florida Electrical Injuries Can Be Serious
 
Electrical accidents from holiday lighting can cause serious injury or death. These are the most common types of injuries associated with electricity:
 

Skin burns
Nerve damage
Heart damage
Seizures
Lack of concentration
Memory loss
Coordination problems
Balance issues

As a result of these injuries, you could also experience anxiety, depression, or post-traumatic stress disorder.…

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Category: Wrongful Death

Florida Wrongful Death Claims: What Damages Can You Sue For?

If you are filing a wrongful death claim in Florida, what damages can you recover from the offender?
In this post, we will explain how wrongful death works in our state, cover the various types of damages, and let you know how a skilled attorney can help you receive the compensation you deserve.
 
Florida Laws on Wrongful Death Claims
 
Florida law allows for wrongful death claims if a person died because of “the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters.” Damages can be collected beginning from the time of injury that led to your loved one’s death.…

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Black Friday Injuries Floridians Should Watch Out For

 
Headed out to shop on Black Friday? Be careful.
 
You probably don’t consider this shopping “holiday” especially dangerous. However, with about 90 million Americans ravenous for deals on Black Friday – causing heavy crowds and extra traffic – numerous Florida shoppers to suffer injuries every single year.
 
In this post, we’ll cover the most common injuries that happen on Black Friday, how you can protect yourself, and what you can do to get help if you or a loved one is hurt.
 
Common Types of Shopping Injuries
 
Shopping injuries can result whether you are in a major retail store, small retail business, or shopping mall. Injuries can be minor, or they can require extensive medical treatment.…

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