Key West

Florida Personal Injury Laws

Written by

Filing A Florida Accident Or Injury Claim?

If you have been injured and seeking a lawyer to file a negligence claim you should be familiar with the Florida  laws that govern accident, injury and death lawsuits.

Important Deadlines

You have four years from the date of the accident to file a lawsuit. There are ways to file for an extension.

Comparative Negligence

The amount of compensation you re entitled to receive will be reduced by an amount that is equal to your percentage of fault for the accident.

Florida No-Fault

This means that your insurance policy ( personal injury protection coverage) will provide compensation for medical expenses and lost income, no matter who was at fault for the accident.

Personal Injury Lawsuits Are Filed For:

  • Permanent injury
  • Significant and permanent scarring or disfigurement,
  • Significant and permanent loss of a bodily function.

Liability Limits

Florida limits punitive damages to three times the amount of compensatory damages, or $500,000 whichever amount is greater. This law can be found at Fla. Stat. Ann. section 768.73.

Speak to a personal  injury lawyer to protect your rights

What Is A Florida Medical Malpractice Lawsuit?

Written by

Medical Malpractice Overview

You may be able to  file a  medical malpractice lawsuit if a  health care professional  neglects to provide appropriate treatment, omits to take an appropriate action, or gives substandard treatment that causes severe injury, or death.
A malpractice or negligence lawsuit is an action due to a  medical error. This could be missed or misdiagnosis, medication dosage, health management, treatment, or aftercare. Medical malpractice lawyers help to recover compensation from any harms that result from sub-standard treatment. An error, negligence, or omission can lead to a malpractice lawsuit against a hospital, doctor, or other health care professional.

Can I File A Florida Medical Malpractice Lawsuit?

What Is The Criteria?

  1. The injury must be serious with permanent lasting consequences.
  2. You must show that the injury or harm caused by the medical negligence resulted in considerable injury or death
  3. You  must show that the physician acted negligently in rendering care, and that such negligence resulted in injury.
  4. A  breach of professional  duty must be shown
  5. injury caused have been caused by  this  breach
  6. There must be resulting damages or injury.
  7. There must be an act of omission or a negligence.
  8. It is only malpractice when there is negligence and injury and negligence causes the harm or injury.

Examples Of  Malpractice

  • Misdiagnosis or failure to diagnose,
  • Unnecessary or incorrect surgery,
  • Premature discharge from a medical facility,
  • Failure to order appropriate tests,
  • Failure to act on results of tests,
  • Not following up on a medical issue,
  • Prescribing the wrong dosage ot medication,
  • Prescribing the wrong medication,
  • Giving the wrong medication,
  • Leaving things inside the patient s body after surgery,
  • Operating on the wrong part of the body,
  • Persistent pain after surgery,
  • Pressure ulcers, or bedsores in a nursing home or other facility

The Most Common Medical Malpractice Lawsuits

  • Misdiagnosis,
  • Delayed Diagnosis,
  • Childbirth Injuries,
  • Medication Errors,
  • Surgery Errors,
  • Anesthesia Error Malpractice

If you feel you or a loved one has been a victim of medical malpractice or doctor- hospital negligence contact us immediately

Nursing Home Abuse Lawyer

Written by

Get a nursing home abuse lawyer for a  Boca Raton, Bradenton, Sarasota, Clearwater, Okeechobee, Belle Glade, Melbourne, Delray Beach, Hallandale, Fort Lauderdale, Fort Myers, Fort Pierce, Stuart, Gainesville, Hialeah, Hollywood, Homestead, Jacksonville, Key West, Kissimmee, Lakeland, Largo, Melbourne, Miami, Miami Beach, Naples, New Smyrna Beach, Ocala, Orlando, Panama City, Pensacola, Plantation, Pompano Beach, Port Saint Lucie, Palm Beach, St. Petersburg, Sarasota, Tallahassee, Tampa, Tarpon Springs, Titusville, Venice, Vero Beach, West Palm Beach, Winter Garden, Winter Haven, or Winter Park nursing home abuse or neglect lawsuit.

Nursing home abuse happens more often then you may think. Abuse is an act that is intentional and results in injury or some kind of harm. Abuse can be physical, emotional , sexual or financial. Neglect is not abuse. neglect is the result of mistreatment, denied treatment, forgetful treatment or just plain ignoring a serious medical situation where the result is a serious medical condition or even death.

Serious Nursing Home Neglect

  • Ignoring Bedsores
  • Allowing Dehydration
  • Poorly maintained medical equipment
  • Missing medications
  • Over medication
  • Isolating resident
  • Malnutrition- lack of help eating
  • Serious urinary tract infections from not changing after incontinence
  • Lack of showering
  • Allowing a fall
  • Poor hygiene
  • Anything that causes harm

Our local nursing home abuse lawyers can help you file a nursing home abuse lawsuit against the nursing home. Our Nursing home neglect lawyers can assist with a nursing home neglect lawsuit as well.

Get A Miami Lawyer For Your Unpaid Wages

Written by

Miami Unpaid Wages And Overtime Pay Lawyer

We Can Help You With Your Unpaid Overtime Claims

If your Miami employer is paying a salary to you and you work over 40 hours a week then you are owed overtime pay.

This Is Still Overtime

Employee Working Off-the-Clock Time .

Unpaid Lunches or Break Time .

Working From Your Home

Averaging Two Weeks To Calculate Your Paycheck

On-Call Work

Did You Know That Florida Law Requires Your Employer To Pay Minimum Wage And Overtime Pay?

You can seek double damages, and is may be entitled to recover attorneys’ fees and costs if we win your case.

We Can Help You With Unpaid Wages

  • Minimum wage or overtime claims
  • Not getting paid your final paycheck

Keep In Mind That
Federal and state laws prohibit retaliation from your employer against you for asserting your rights to unpaid wages.

Florida Minimum Wage Rates

$7.79

Rate is increased annually based upon a cost of living formula.

Child Sexual Assault Lawyer For Florida, N.Y, Georgia

Written by

Get a Child Sexual Assault Lawyer

Was your child sexually assaulted?

Sexual Assault and Harassment Lawyers For Florida, New York and Georgia

Child sexual assault, sexual abuse and abuse are crimes which include:

voyeurism

exhibitionism

sexual photographing or videotaping,

forced touching in a sexual manner,

forcing your child to engage in sexual touch while under their care,

coerced and/or forced sexual intercourse,

physical violence

Date rape

Sexual assaults can happen in schools, daycare, with anyone whom you trust with the care of your child.

Then the abuserwill often make your child feel guilty and your child, the true victim will not come forward and break their silence.

As a parents or guardian you may bring a lawsuit on behalf of a child. Child sexual abuse lawsuits are sensitive issues and require an experienced attorney.

Did you know that every two and a half minutes, If your is sexually assaulted they may be afraid to say anything but, you will know something is not right. Approximately 1 in 4 females and 1 in 7 males are reported to have been sexually abused by the age 18.

If your child has been injured in a sexual assault call our Sexual Assault Lawyer Helpline today.

Were You Denied Your Social Security Disability Claim? Get A Lawyer, File An Appeal

Written by

Get A Social Security Disabilty Lawyer For A Georgia Or Florida Appeal

Our lawyer can help you file an appeal at no cost to you. We have lawyers covering all of Florida and Georgia. Let one of our experienced disability lawyers help you get your disability benefits.

Should I hire a Social Security Disability Lawyer?

Of Course You Should.

Having an experienced lawyer on your side may make all the difference. And it costs you nothing.

If you have been denied on your Initial Claim, an experienced social security disability lawyer can help you with your claim for continuing and past due benefits . Free Legal Shield has experienced social security disability lawyers for you thru-out Florida and Georgia.

Claims Are Often Denied The First Time Around

Initial claims are typically denied 60 to 70 percent of the time, depending on the state in which you filed, so chances are you’ll end up in a hearing.

For further information, contact us now for a social security disability lawyer.

We are here 24hrs, 7days.

Florida Mesothelioma Lawyers, Florida Mesothelioma Division Launched

Written by

Free Legal Shield has launched a Florida Mesothelioma Lawyer Helpline for victims of asbestos. There is funds for asbestos victims in various trusts that were set up for the purpose of compnesatin mesothlioma victims.

Mesothelioma and Asbestos Lawyer Helpline

What you need to Know

  • A trust fund allows the companies responsible for the asbestos exposure to plan their expenditures for compensation.
  • The trust fund is funded by mandatory contributions from the companies who built their profits on asbestos.
  • The trust fund is part of a Chapter 11 proceeding for the companies who have declared bankruptcy
  • Congress introduced special treatment for companies facing an overwhelming burden from asbestos litigation.
  • The company must commit at least 50% of their reorganized equity to a trust fund which will be used to pay asbestos claims.
  • The trust funds from which benefits will be drawn will be funded by contributions from several dozen companies who have caused victims to get mesothelioma from asbestos.
  • The contribution is set by the law.
  • The contribution is determined by the liability and capacity to contribute
  • Filing an asbestos bankruptcy trust claim requires showing evidence of an asbestos related injury.
  • Most trusts identify categories and levels of diseases that are eligible for various amounts of compensation.

Evidence Of An Asbestos Related Injury

Medical Documentation of Asbestos Disease Claim

  • Reports showing that the claimant has been diagnosed with an asbestos-related .
  • Documentation describing to what extent asbestos contributed to your disease.
  • A statement from a treating doctor regarding the diagnosis.
  • Evidence that you were exposed to asbestos at the company’s facilities or from the company’s products

It is best to get help from an asbestos lawyer with experience in these claims to make sure they are done correctly and to help gather the information. This is a tedious process which you and your family should not have to deal with on your own.

Fort Lauderale School Bus Accident Lawyer

Written by

If your child is injured in a school bus accident you may have recourse against the school or the driver that caused the accident. Call and speak to one of our school bus accident attorneys.

Your child rides on the school bus every day to go to school. You think nothing of it and put your trust in the driver. But, children sustain injuries each year in school bus related accidents.

Having your child injured in a school bus accidents can be devastating.

Let our school bus accident lawyers evaluate the accident and severity of the school bus injury and determine the liability.

School Bus Accidents Can Happen Because Of

  • There may be dangerous driving conditions
  • Roadsmay be in need of repair
  • A careless driver
  • A malfunctioning school bus
  • Insufficient upkeep of the school bus
  • An Inattentive driver

Common school bus accident injuries

  • Internal bleeding
  • Brain injuries
  • Severe skin burns
  • Lacerations
  • Spinal injuries
  • Death

If your child is injured call us for an experienced and compassionate lawyer

Florida Trucking Accident Lawyers

Written by

Truck accidents are often fatal. If you have been seriously injured or a loved one killed in a trucking accident you need an experienced trucking accident injury lawyer.

Florida is one of the states that has a very high percentage of fatal truck accidents.

Florida Truck Accident Lawyers, Truck Accident Law Firms
Truck Accident Lawyer in Florida including: Key West, Miami, Homestead, Fort Lauderdale, West Palm Beach, Naples, Venice, Ft Myers, Sarasota, Bradenton, Lake City, Winterhaven, Lakeland, Gainesville, Orlando, Kissimmee, Tampa, New Port Richey, and Jacksonville.

Because of their enormous size and added difficulty to handle, trucks are often more dangerous than cars on the road. 100 s people are injured in truck accidents each year in Florida . Many Florida trucking accidents result in serious injury or wrongful death.

If you have been injured due to the fault or negligence of a trucker which resulted in a truck accident, you have the right to seek compensation. This should include medical bills, property damage, costs of rehabilitation, loss of income, pain and suffering and disability. Our lawyers are experienced trucking accident lawyers who have provided representation to those who have suffered personal injury as a result of a truck accident for over four decades.

Speak to our Florida personal injury lawyers to discuss how they can begin investigating and preparing your trucking accident case. You need an attorney to protect your rights and start obtaining important and relevant data. This can make a significant difference in achieving a positive outcome.

Common Causes of Truck Accidents

  • Driver error
  • Fatigue
  • Driving under the influence of alcohol or drugs.
  • Maintenance and safety inspections

Contact a truck accident attorney today to discuss how they can aggressively represent you in a personal injury lawsuit resulting from a truck accident.

Florida Lawyers File Stryker Rejuvinate, ABG II Modular Stems Hip Replacement Lawsuits

Written by

Stryker Hip Replacement Lawyers are filing lawsuits for seniors with a defective Stryker hip replacement. Local Hip replacement lawyers continue to file lawsuits for the Stryker Rejuvinate and ABG II Modular Stems Due To Complications.

Call for More Information

  • Loosening or dislocation of the hip joint
  • Corrosion and fretting at the modular-neck junction which may lead to adverse local tissue reactions
  • Excessive metal debris leading to high levels of metal ions in the blood
  • Inflammation of surrounding tissue
  • Pseudotumors
  • Swelling and pain at the implant site
  • Difficulty walking
  • Need for additional painful revision surgeries
  • Rehabilitation and decline in quality of life
  • Metallosis
  • Hypersensitivity/allergic response
  • Swelling
  • Unexplained hip pain more than three months post-surgery

Many seniors who underwent hip replacement surgery did this with the idea that their senior years would be better as a result. They could travel, play golf and be active. But, this has caused severe pain and suffering at a time when retirement should mean pleasure. We must get justice and stand up against these companies. Florida Stryker lawyers of Free Legal Shield are here to help Florida seniors and loved ones; a parent or grandparent who is suffering from one of these Stryker hip replacements.

Call now. Get a Stryker Hip replacement lawyer.