Which relatives are able to bring a wrongful death lawsuit in Florida?

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Boca Raton, FL – Some accidents are so severe that they result in fatal injuries to the victim. Regardless of whether the person responsible is ever charged criminally, family members have certain legal rights in civil court. In these situations, the person or business responsible for the victim’s death can still be sued, but the victim obviously cannot be the one to bring the case. Florida has a wrongful death statute just like every other state that outlines procedures for how these kinds of lawsuits can be brought and who is eligible to receive compensation on the victim’s behalf.  

Parties who are eligible to bring the lawsuit

A personal representative is assigned to manage various aspects of a deceased person’s estate, including the filing of wrongful death claims. The case is brought on behalf of a spouse, child, parent, or other relatives who can prove financial dependence on the victim. These parties specifically mentioned in the statute are the only ones who can collect damages on the victim’s behalf. 

Damages and financial loss

The remedy that is available through this kind of civil lawsuit is compensation, also called damages. Wrongful death cases are unique in the sense that they allow the victim’s family to be paid for funeral and burial expenses. However, the most important aspect of damages in a fatal accident is tied to the victim’s future earning potential and the value of the services that they would have provided if they had survived. There are also non-economic damages available for pain, suffering, trauma, and other emotional issues tied to the relative’s death. The proximity of the plaintiff’s relationship to the victim can be important for the purposes of establishing the amount of trauma caused by the person’s death. This means that a plaintiff with a close relationship will be able to argue for larger amounts of compensation. 

Time limits

All civil lawsuits have a timeframe for action to be taken, otherwise the plaintiff will have their case dismissed if they bring the case too late. This is called a statute of limitations. Wrongful death lawsuits are known to have a shorter statute of limitations than most other legal actions, and this is true in almost every state. Florida gives a time limit of two years from the day that the victim died. 

Lawsuits for compensation in Florida

Rosenberg Injury Law files civil cases for accident victims in the Boca Raton area and nearby parts of Florida. Anyone who needs more information about personal injury law and wrongful death lawsuits can contact the firm to set up a meeting with an attorney.  

Firm contact info:

The Law Offices of Jeffrey A. Rosenberg

5255 North Federal Highway, 3rd Floor, Boca Raton, Florida 33487

561-508-8800

rosenberginjurylaw.com

There are several important issues that a person about to go through a divorce should review

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Brooklyn, NY – Because a divorce can be a life changing event in terms of everything from finances to where the spouses will live after the separation, there are a number of important things that should be considered before the formal process to end the marriage happens. Preparing for these changes with the advice of an experienced family attorney will help make the transition easier and more streamlined. 

Not saying too much to the other spouse

A decision to divorce should be revealed to the other spouse in a non-emotional way, and it is important to not say too much regarding plans for post marriage life. If there is any doubt, a lawyer should be contacted about how to handle this situation and avoid disclosing important information that may be protected or privileged. 

Issues related to children and custody

Couples who have children may end up in a bitter custody battle, and one parent may end up owing the other large support payments every month. The attorney for each spouse can help collect information that will present them favorably during custody hearings and argue for maximum custody time. There may also be special situations that warrant a deviation from standard child support guidelines. 

The children’s long term living situation and education is also a part of this process. Parents may have to reconsider their plans for saving for college, where they may move or live, and other important matters based on custody decisions and support payments. 

Living and housing situations

It is fairly common for both spouses to move, and they may even have to sell off their home during the divorce process. Getting prepared to move can be a large and time consuming part of a divorce, especially if the couple had lived in the same home together for years or decades. Each spouse should also consider how their budget will change in terms of mortgage or rent payments, utilities, and other expenses associated with housing.  

Security measures

Things like changing passwords on phones, email accounts, and various website logins are important ways to keep private information secure, and these steps are often overlooked. Some couples that have turbulent divorces may have serious issues with their former husband or wife attempting to access important documents or financial information. It is best to take necessary steps to keep this information private and enlist outside help if needed. 

Learning about how to address family law issues

There are family law attorneys in the Brooklyn area who can provide more specific advice about various issues such as divorce, alimony, child support and custody. Elliot Green Law Offices assists local clients with their family issues. 

Firm contact info:

Elliot Green Law Offices

32 Court Street, Suite 404, Brooklyn, NY, 11201

718-260-8668

www.elliotgreenlaw.com

How does Colorado’s contributory negligence law affect wrongful death cases?

Denver, Colorado, What is a wrongful death lawsuit?

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A wrongful death lawsuit is usually filed on behalf of an individual whose death was caused by a wrongful act or someone else’s negligent behavior. A spouse, parent, child, or the estate of the deceased are usually the first to bring forth a wrongful death lawsuit. In order for any of the parties listed above to file a wrongful death lawsuit in Colorado, they must first establish that the decedent would have had the grounds to file a personal injury lawsuit had they survived the incident [Source: Colorado Revised Statute §13-21-202].

 

Examples of When a Wrongful Death Lawsuit Might be Filed

 

To help individuals gain a better understanding of what a wrongful death lawsuit is, below are a few examples of when a family member might decide to file one on behalf of their deceased loved one.

 

  1. Driver negligence. Drivers who operate their vehicle while intoxicated, distracted, or in a reckless manner can be sued if their actions cause a fatal accident to occur. In some cases, if the accident was caused by a truck driver, his/her employer may also be included in a lawsuit as most trucking companies are responsible for the accidents their drivers cause.
  2. City negligence. For example, if Denver city workers failed to ensure roadways were properly marked and sufficiently lighted, the City of Denver could potentially be held liable if a fatal accident was caused by mismarked roads or poorly lit streets.
  3. Medical negligence. A doctor who fails to provide a patient with the standard level of care and causes their death as a result of it could be sued for wrongful death.
  4. Property owner negligence. Properties in Colorado should be free from unsafe or hazardous conditions that could cause harm to someone who enters the premises. If a public or private property owner or even a construction company that is in the process of constructing a building leave the premises in an unsafe condition, either party could be held liable if their negligence leads to someone’s death.

 

How much is generally paid out for wrongful death lawsuits?

 

A wrongful death lawsuit could result in a family walking away with $500,000 in damages or even $5 million. It all comes down to how the incident occurred and how the loss has impacted those bringing forth the lawsuit. Generally, the plaintiff in a wrongful death case may be awarded the following damages given they are entitled to them:

  • Pain and suffering
  • Medical expenses, if the decedent received care for their injuries before passing away.
  • Mental anguish
  • Loss of companionship
  • Grief
  • Emotional stress
  • Burial expenses

 

If a family in Colorado recently lost someone they love and their death was caused by a wrongful act or someone else’s negligent behavior, they are encouraged to contact Bryan & Terrill Law, PLLC to speak with a Denver, Colorado wrongful death attorney. The CO wrongful death lawyers at Bryan & Terrill Law, PLLC can help a family understand what their legal rights are and obtain justice for their loved one’s death.

 

Bryan & Terrill Law, PLLC can be reached at:

 

333 W. Hampden Avenue, #420B

Englewood, CO 80110

Phone: 720-923-2333

Website: www.btlawdenver.com

Property owners in Iowa may face lawsuits if someone is hurt on their land

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Iowa City, IA – There are a number of different situations where an accident happens, and an unsuspecting guest is harmed while on the property of another person or business. In some cases, the victim may have the option of bringing a civil case related to the unsafe condition of the property that caused their injury. This duty of care to maintain a property in a safe condition implicates areas of the civil law related to premises liability and negligence cases. Under these doctrines, people who are hurt by improper property maintenance and obstacles have the right to sue the person or entity that owns and controls the area. They may be able to collect an amount of compensation that is sufficient to pay for things like medical treatment, missed time from work, and lost income and wages. 

The standard of care on a property

All property owners have some kind of legal standard they must follow in terms of keeping their property safe for guests, and even unforeseen individuals and trespassers. As a general rule, there is a higher standard of care owed to people who are invited or foreseeable such as customers in a store. A lesser standard of care owed to trespassers generally does not allow the owner to create obstacles that may harm them, or even intentionally hurt someone who was not invited on the property. For the specifics of how a business or residence should be prepared for the company of others under Iowa law, a local personal injury attorney should be consulted. They can provide guidance on filing the case and the possible amount of damages available to the victim. 

Injuries on property and insurance coverage

Various types of insurance and even homeowners insurance usually includes some kind of premises liability coverage. This will assist owners with paying for their losses if they ever get sued. Most homeowners will be covered in case of a negligence claim when someone is hurt on their property. This is a standard type of liability coverage, and anyone who is concerned can contact their insurance provider to get more information. When a victim sues a property owner, it is likely that the insurance company may actually end up paying all of, or most of the damages as long as the owner has some kind of coverage. 

Getting more information about civil cases

After an injury, victims in Iowa are able to consult with an injury lawyer to discuss their situation and see if a lawsuit is warranted. Eells and Tronvold Law Offices is firm staffed by experienced attorneys who can provide personalized advice and guidance. 

Firm contact info:

Eells and Tronvold Law Offices 

1921 51st Street NE, Cedar Rapids, IA 52402-2400  

319-393-1020 

www.eellsandtronvold.com

After a car accident in Baton Rouge victims may receive financial assistance for vehicle repairs

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Baton Rouge, LA – Vehicle damage is a part of almost every car accident. In most cases, the driver can just file an insurance claim to see if these losses and the costs of repairs will be covered. Civil lawsuits are mostly reserved for accidents that result in injuries and losses related to the victim’s inability to work as normal, but an attorney should be contacted so that the victim can decide what is the best course of action based on their personal situation. People who sustain medical issues are normally the ones who end up bringing personal injury lawsuits in most cases. 

The insurance process and collision coverage

The main remedy most drivers have for vehicle damage after an accident will be through their insurance policy. Some auto insurance policies may not cover collision damage at all, while others may require the driver to pay a deductible before the insurance company will start to pay for any losses. 

Any accident victim should contact their insurance provider as soon as possible and report the collision. The insurance company will normally tell the person what to do and how to follow their process for filing a claim and receiving funds to make repairs. Legal help may be necessary if the insurance company is being evasive or refusing to assist the victim even when it is clear that they have sustained losses that should be covered. 

Is a lawsuit necessary for property damage?

Most civil lawsuits after car accidents are for losses beyond vehicle damage. Things like medical treatment and hospital stays, lost wages and income, and continued healthcare in the months or years after a collision tend to be much more expensive than repairing a car, even if the vehicle damage is severe. 

In any situation, it is always best for victims to get legal advice from a local licensed attorney. The decision to bring a civil case is normally made after an exchange of information between the potential client and the lawyer and careful consideration. There is not one general piece of advice related to all civil lawsuits that will determine what should happen in any individual case. However, as a general rule, lawsuits will tend to be necessary after severe accidents, where accidents that only result in minor amounts of property damage may be resolved through the insurance process. 

Learning more about car accident lawsuits

Anyone who has been involved in a motor vehicle accident in the Baton Rouge area has the option of contacting an experienced personal injury attorney. Miller, Hampton, and Hilgendorf is a respected firm that helps local clients with their civil lawsuits and related issues. 

Firm contact info:

Miller, Hampton, and Hilgendorf

3960 Government St., Baton Rouge, LA 70806

225-343-2205

www.mlhlaw.com

Protecting What’s Yours During a Traverse City Divorce

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Having a divorce on your plate is bad enough, but having everything you’ve ever worked for threatened by an overly entitled spouse can make things even worse. You’re not alone. Disputes over assets during a divorce is one of the most common types of family law cases. Hundreds of thousands of couples go into the courtroom each year to battle over each other’s assets. 

 

If you feel you’re being fleeced by your ex-spouse during a divorce, or worry that it may happen in the near future, your first step is simple: Contact a reputable attorney seasoned in family law who can organize a plan to protect as much of your assets as possible. Divorce settlements can be complex and it’s important to have someone who knows all the tricks of the trade. Here’s what you need to know.

 

Dividing assets in Michigan

 

The state of Michigan is what’s known as an “equitable distribution state,” meaning that courts try to divide assets in a fair way based on the state’s divorce laws. In any Michigan divorce case, the court will look at two main types of assets: 

 

  • Marital assets, meaning things that were acquired during the marriage between the beginning and end. 
  • Separate property, meaning things that were acquired before the marriage, or were given on a very personal basis, like a gift or inheritance from a family member. 

 

The chances of your ex-spouse being able to acquire your assets after a divorce will depend heavily on which of those groups your assets belong to. Sometimes there can be grey areas that a good attorney will have to sort out for you. 

 

For example, if you’ve inherited property directly from your parents, this would be considered “separate property” but in some cases, it can change. For example, if the property is placed in a joint account, or the spouse claims the property was a gift to both of you, the courts may deem it a marital asset. 

 

Resolving financial assets

 

Debts, pensions, retirement plans, and other financial assets can be complicated to figure out during a divorce. However, they’ll generally be considered marital assets in the state of Michigan. 

 

When it comes to debts, both you and your ex will be on the hook for any debt acquired during the marriage, and it won’t be a 50/50 split. Sometimes the courts will consider who was the most responsible for taking on the debt, but it will most likely be based on your income and what the courts deem “fair.” 

 

If you’re a military service member, dividing financial assets is a slightly different process.

 

Are you trying to protect what’s yours during a divorce in Traverse City? 

 

Don’t waste time, make a plan to protect your assets for your divorce. Contact Neuman Law Group now to begin the process.

 

Traverse City

300 E Front St #445

Traverse City, MI 49684

 

Phone: (231) 221-0050

Fax: (231) 221-0051

Two Key Examples of Sexual Harassment in Kentucky

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The University of Kentucky’s marching band’s former director, Dana Biggs, has resigned as a result of a sexual harassment investigation, according to university documents. Biggs was involved in a personal relationship – he sent unsolicited messages with sexual undertones to an individual who was most likely a student. 

The university documents state that Biggs was not actually accused of having a sexual relationship with the person in question, but Biggs was reported to have sent that person messages that were asking for personal information, including information about their sexual history. Biggs was told that the behavior would be considered sexual harassment under the policies of the university, and that his behavior would lead to his suspension. A separation agreement notes that Biggs would be put on administrative leave after Aug. 17.  

Biggs resigned on Sept. 28, before there was even a hearing, so the investigation was dismissed. If he were to apply to the university again, the investigation would continue. As of October 1st, however, he was officially not an employee of the university, and will not be allowed to be hired. 

Sexual Assault in Louisville

Margo Borders accused a former police officer, Brett Hankison of Louisville, Kentucky, of sexually assaulting her. Borders was meeting with friends at a bar called Tin Roof, where Hankinson was working. Hankinson was alleged to have offered Borders a ride, which Borders accepted as there seemed to not be any potential danger – after all, it was a police officer’s ride. 

 

According to the lawsuit, after Hankinson gave Borders a ride, Hankinson invited himself into her apartment. Borders fell asleep in the bedroom, as she was intoxicated, and did not return to the living room, where Hankinson was asked to sleep. While Margo was unconscious, the lawsuit alleges that “Hankison went into her room, stripped off his clothes and willfully, intentionally, painfully and violently sexually assaulted Margo”. 

 

Previously, Borders has said that because she feared retaliation, she did not immediately go to the police with the allegations. Hankinson was cleared by the Louisville Metro Police Department of two other unrelated accusations involving sexual misconduct as well. Borders’ lawsuit named six other officers, who were alleged to have failed in intervening in Hankinson’s behavior. An attorney representing Borders, Sam Aguiar, called Hankinson a “predator of the worst kind”.

 

The lawsuit notes that “Margo was physically injured, mentally horrified and remained in extreme emotional duress over both the assault and the feeling that any efforts made to hold Officer Hankison accountable for his actions would backfire.” Aguiar further noted in a statement that “this police department’s long-standing tolerance for sexual assault by their officers is disgusting.” They intend to hold responsible all the individuals who failed to report or investigate Brett Hankinson, to find some form of justice for the suffering of the women in the community. 

Workers in Houston can take several steps before filing a sexual harassment lawsuit

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Houston, TX – Various forms of illegal harassment are a serious workplace problem. Workers who are affected can lose their ability to perform optimally at their jobs, and in serious cases they may even leave the company. A civil employment lawsuit is usually the best way for workers who were put in this situation to receive compensation and other remedies to make up for their losses. 

The structure of a harassment case

Because there are various forms of gender based discrimination and harassment, these lawsuits follow the structure of many other standard discrimination claims related to workplace behavior. There are laws that describe discriminatory workplace behavior as a severe or pervasive type of conduct that is unwelcome and affects the victim’s ability to function in their job roles. The victim needs to provide information and evidence that will help prove each element of the claim in order to prevail. 

Any kind of illegal harassment needs to be unwelcome. This means that the victim should make it clear to their superiors or coworkers that they should stop engaging in the offending behavior immediately. The victim should also document the time that they warn the offenders. 

The conduct needs to be severe or continuous in nature. In most cases, this means that there will usually be multiple incidents of harassment, or at least a severe problem such as a worker being told that they need to engage in sexual conduct to keep their job. 

A hostile work environment is another type of harassment claim. This means that the victim has been so thoroughly bothered by their harassers at work that they cannot function as normally and may even be forced to quit their job. 

Bringing the lawsuit

In most cases, the victim should report the problematic behavior to a human resources department or utilize whatever formal process the employer has available. A formal complaint may sometimes be used as evidence in a civil lawsuit.  

If the victim still feels that they need to take legal action, the first step is to retain an attorney, share the evidence of the misconduct, and have them either file a complaint with a government agency such as the Equal Employment Opportunity Commission, or to start the process to bring a civil harassment lawsuit. The lawyer can guide the victim through these processes and argue for damages related to lost pay and opportunities, along with other problems caused by the illegal behavior. 

Getting help from a local labor law firm

Workers who need to explore the possibility of a civil lawsuit can contact a local firm for more information. Moore and Associates serves workers in the Houston area with expert advice and representation. 

Firm contact info:

Moore & Associates 

440 Louisiana Street, Suite 675, Houston, TX 77002 

713-222-6775 

www.mooreandassociates.net

What is the process to sue a police department in California?

Fort Lauderdale, Florida, What is a civil lawsuit?

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A civil lawsuit is generally filed when an individual feels they have been “wronged” by someone else, according to The Florida Bar. In a civil lawsuit, the person who feels “wronged” is considered the plaintiff, and the person being sued is recognized as the defendant. Generally, the purpose of a civil lawsuit is either to recognize someone for a breach of contract or a “tort.” A tort is “a civil wrong, other than a breach of contract, for which a remedy may be obtained in the form of damages.”

Although civil lawsuits can arise in business and financial-related matters, it is going to be discussed more in-depth in the context of personal injury law down below.

 

Filing a Civil Lawsuit Over an Accident Resulting in Injuries

 

When an individual has been involved in an accident such as a car crash or motorcycle wreck, and they suffered injuries, they may decide to bring a civil lawsuit against another party if that driver’s behavior contributed to the accident in any way. In order to file a civil lawsuit against another person or even a company whose driver played a role in causing an accident to occur, the plaintiff will need to prove that the defendant (i.e. the person they are suing) was negligent in some way. Negligence is the basis for most civil lawsuits that involve a tort.

For example, if an intoxicated driver were to cause an accident that left another motorist catastrophically injured, that driver or someone authorized to represent them may decide to bring a civil lawsuit against the driver who chose to drive drunk. Drunk driving is considered a form of negligent behavior. When a civil lawsuit is filed over a tort, the plaintiff can request that the dependent provide them with damages, or financial relief.

Some examples of the damages a plaintiff might be awarded given they are applicable include:

  • Pain and suffering
  • Lost income
  • Loss of earning capacity
  • Mental anguish
  • Past and future medical expenses
  • Loss of enjoyment of life
  • Disfigurement

 

Examples of Civil Lawsuits

 

In addition to motor vehicle accidents, civil lawsuits can also be filed against the following:

  • A trucking company if their driver’s negligent behavior led to an accident occurring.
  • A public or private business owner if someone suffered injuries on their property.
  • A doctor or hospital if a medical mistake was made.
  • A manufacturing company if a defective product caused someone harm.

 

Now, if an individual was involved in an accident of any type in Fort Lauderdale, FL, or they suffered injuries as a result of someone else’s negligent behavior, they may have a valid case on their hands. If they would like to have a Fort Lauderdale, FL personal injury lawyer assess their incident to determine if legal action is warranted, they can contact Madalon Law.

If an individual has the grounds to file a civil lawsuit against another person or entity in Fort Lauderdale, the personal injury attorneys at Madalon Law will be sure to help them fight for the best possible outcome.

 

You can reach Madalon Law at:

 

100 N. Federal Highway, #CU5

Fort Lauderdale, FL 33301

Phone: 954-923-0072

Website: www.madalonlaw.com

If someone suffered facial trauma as a result of an auto accident in Chula Vista and they would like to explore what legal options are available to them, they can contact the Law Offices of Bruce S. Meth to speak with a CA car accident lawyer.

What are an accident victim’s rights if they suffered facial disfigurement as a result of a car crash?

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Vehicles and the safety features they come equipped with can only help prevent an accident and injuries to some degree. If an individual is involved in a serious car crash, there is a chance the impact will cause them to suffer severe or catastrophic injuries no matter what their vehicle’s safety rating is. Facial disfigurement is one type of injury some accident victims walk away from a collision with that not only impact them physically but also psychologically.

According to a publication shared by the U.S. National Library of Medicine National Institute of Health, because the face “is a vital component of one’s personality and body image,” facial trauma can cause an individual to experience any of the following:

  • Body image issues
  • Posttraumatic stress disorder (PTSD)
  • Depression and/or anxiety. The publication suggests that depression and anxiety that stem from facial trauma is “often coupled with worries regarding recovery and length of the treatment process.”
  • Psychological morbidity
  • Social withdrawal
  • Isolation

 

When an individual’s image is altered in a way that doesn’t quite fit the appearance they had envisioned for themselves, it can take a toll on their physical and psychological health. This, in turn, can impact their ability to enjoy life.

 

Correcting Disfigurement

 

When an individual suffers an injury that leads to facial disfigurement, they may be given the option to undergo surgery to help correct the deformity to some degree. Unfortunately, this type of medical treatment is costly to receive which means some victims of facial disfigurement may not be able to afford the treatment or must put it off until a later date.

 

Does a victim of facial deformity have legal rights?

 

If an individual has suffered a facial deformity as a result of a car or truck accident in Chula Vista, CA, they may be entitled to file a personal injury lawsuit against the party who caused the accident given there was one. A personal injury lawsuit would give an accident victim the opportunity to ask the party they are suing for damages for the impact the incident has had on their life. Some of the damages a victim might be entitled to recover include:

  • Pain and suffering
  • Mental anguish
  • Past and future medical expenses
  • Lost wages
  • Loss of enjoyment of life

 

If someone suffered facial trauma as a result of an auto accident in Chula Vista and they would like to explore what legal options are available to them, they can contact the Law Offices of Bruce S. Meth to speak with a CA car accident lawyer.

 

The Law Offices of Bruce S. Meth can be reached at:

 

Phone: (619) 691-8942

Email: [email protected]

Website: www.attorneymeth.com

 

Chula Vista Office

815 Third Ave., Ste. 115

Chula Vista, CA 91911

 

 

Mission Valley Office

1761 Hotel Court, Suite 250

San Diego, CA 92108