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Personal Injuries | Miami Personal Injury Lawyer Miami Attorneys
The core mission of personal injury claims is to seek justice and compensation from the expenses incurred due to the injuries. Here at Miami Lawyer Attorney, you’ll find the
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Prevent Driving Fatigue
DANGERS OF DRIVER FATIGUE
Car Accident Lawyers Miami – Personal Injury Attorney Miami
Almost everyone has driven while tired, but did you know that driver fatigue can be just as dangerous as driving while intoxicated? Statistics from the National Highway Traffic Safety Administration (NHTSA) show that there are over 55,000 driving fatigue accidents each year in the United States. In most cases, these driving fatigue accidents occur because drivers don’t recognize the dangers of drowsy driving.
Contact our experienced car accident lawyers and personal injury attorneys if you have been a victim.
How to Prevent Driving Fatigue:
Get Regular Sleep
Before you drive long distances, it is essential to get a good night of sleep. The National Sleep Foundation recommends at least seven hours per night.
Take a nap
If you start feeling drowsy, experts say that even a 15-minute nap can prevent driving fatigue accidents. Pull over at the nearest rest stop and take a 15-minute nap.
Avoid Large Meals
According to DriverFatigueKills.com, the typical highway fare (high-fat fast food) can make you more tired. Avoiding eating large, high-fat meals and instead snack on some fruit or granola bars.
Plan Your Drive
SmartMotorist.com warns that most driving fatigue accidents occur around 2 p.m. in the afternoon and between 2 a.m. and 6 a.m. in the morning. Avoid driving at these times if you can help it.
Drink Coffee
According to the National Sleep Foundation, two cups of coffee can decrease driver fatigue for at least a few hours. If you must keep driving and can’t pull over for a nap, head for a coffee shop.
Consequences of Fatigue Driving
Driver fatigue can contribute to accidents, injuries and fatalities. If you cause a fatigue-related crash, the consequences could be severe. According to the National Sleep Foundation, most states can bring charges against a drowsy driver if they cause an accident, and some states are even crafting specific laws. Contact our experienced car accident lawyer and personal injury attorney to learn the law. Under this law, drowsy drivers can be charged with recklessness and vehicular homicide if they cause an accident. Driver fatigue is a serious matter and should be taken just as seriously as driving while intoxicated.
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If you have suffered an injury due to someone else’s negligence, contact our experienced car accident lawyers and personal injury attorneys in Miami who can help explain your legal rights and options.
Must Know Facts for Every Brain Injury Lawyer
Here are some simple facts that every brain injury attorney must know:
Did you know that a person can have a serious, permanent and disabling traumatic brain injury, even though:
- The person is not knocked out at the scene of the accident.
- The person may be walking, talking and even exchanging his driver’s license at the scene of the accident
- The person did not sustain any cuts, broken bones or major injuries in the accident.
- The person may have a negative MRI, CT scan or EEG.
- The defense doctor, or the insurance company, will find that the person is neurologically sound despite future findings of brain damage.
- There was not a “big car crash” and that even a low speed or low impact car crash can exert sufficient force on the brain to cause a traumatic brain injury and resulting brain damage.
- That the delay in diagnosing the brain damage is not the patient’s fault, but may be because of lack of education on this subject by the medical community.
- The injured person gave different versions of what happened in the car accident. This is sometimes to be expected, because a person with a traumatic brain injury is a very poor historian when it comes to recalling the facts.
- The patient only related two or three problems following the car crash and family members and close friends relate twenty or thirty problems including personality changes.
- The person was able to continue working, but if he/she is given a new responsibility, promoted, transferred to another job or obtains new employment, he/she may have tremendous difficulty and end up getting fired.
- The term “post concussion syndrome” may mean traumatic brain injury.
- Attention or concentration problems following an accident may mean that the person suffered traumatic brain injury or brain damage.
- Changes in personality or behavior following an accident, may also mean that the person suffered a traumatic brain injury
- New brain damage symptoms may appear days, weeks or months following an accident.
- The person has a perfect neurological exam, since this exam does not reveal the neuropsychological deficits associated with traumatic brain injury.
- The diagnosis of traumatic brain injury, closed head brain injury, or brain damage is based on the entire battery of tests and the entire examination and not the patient’s answe
Motorcycle Accidents – You need an injury lawyer
Who acts first after a motorcycle accident can make a difference. Insurance companies immediately hire investigators and adjuster to visit the scene and secure witness statements and so should you. The Shaked Law Firm our experienced trial lawyers with knowledge it takes to get the settlement you deserve.
Determining who is legally responsible in a traffic accident depends upon the carelessness, among other factors, of the alleged wrongdoer. In freeway and highway traffic accidents, state traffic laws, like the Florida Motor Vehicle laws, provide the rules of the road. Violating these rules and then causing a collision could create a rebut-able presumption of negligence – aka negligence per se – and ultimate liability. In many situations, car operators could be liable for a traffic accident even if they were driving at or below the posted speed limit, or otherwise obeying the laws of the state. This is because, for example, a “safe” speed and not the posted speed is what is required for a responsible driver. Another example would be foggy conditions, or cases where the sun is in the car driver’s eyes, impairing visibility.
These conditions would require extra care and caution when driving on the road, like pulling over to the curb when safe, or driving slower.
Find Your Florida Motorcycle Attorneys Now!
At the Shaked Law Firm, Miami Injury Lawyers, our staff of seasoned personal injury lawyers litigate freeway accidents and highway accidents throughout Florida, with local attorneys in Dade, Broward, and Palm Beach Counties. These include injuries to riders of motorcycles.
Injuries from Motorcycle accidents are not the same as those in an enclosed passenger car with seat-belts and airbags. In fact,they are not even close. Motorcycles are usually two wheeled vehicles that will usually eject the rider in a high speed crash, or low speed crash. Even pads and helmets do little to protect the motorcycle riders in a crash. This can leave the rider with a ruptured disc, a serious brain injury, or even result in wrongful death. Because we are motorcycle attorneys with vast knowledge of tort laws, we can help guide you through the legal quagmire that other motorcycle accident attorneys either don’t have the time, or the desire to take on when valuating your damages claims.
The local attorneys at the Shaked Law Firm are experienced trial and injury attorneys who will aggressively litigate your case to make sure you recover the maximum damages allowable under the law. These damages include, monetary compensation for mental and physical pain and suffering. Our experienced staff of legal professionals know exactly what we need to do in order to maximize the value of your case. Your medical doctors and hospitals need to be paid for and the wrongdoer should be forced to pay under our tort system.
This avoids self help, like the days of the wild west. In a civilized society such as ours, the evil doer pays for his/her neglience in money damages, i.e., a settlement or jury trial. We work with the very best and most talented experts to investigate your case and learn the finer points of your individual fact
patterns.
Our legal team has vast legal knowledge of the anatomy of motorcycle accidents. You should know your legal rights if you have injured yourself while riding a motorcycle. Don’t guess at the value of your case!
If you have been seriously injured in a motorcycle accident in Miami or Broward County, our attorney hot-line is available 24 hours for your telephone call at (877) LAW-0080, (305) 937-0191 or e-mail. We will provide you with a free consultation. We are experienced motorcycle accident injury attorneys who can help you. Our law firm litigates personal injury cases on a contingency fee basis. If we do not recover for you, we don’t charge you a fee.
Please visit our website dedicated to motorcycle riders (www.personalinjuryrider.com) to read more about about our experienced motorcycle attorneys, our Motorcycle Accident Articles, Motorcycle Accident Resources; and learn about the anatomy of these accidents and how to file a motorcycle insurance claim.
Choosing a Brain Injury Lawyer
Few of us realize how pervasive the law is in our lives until we get into a dispute with someone else. Then we are amazed to discover what a tangled web of law there is, and how complex and endless the rules seem.
The threshold question in many situations involving the law is whether you can “do it yourself” or whether you need a lawyer to advise you on your rights or handle the matter for you completely.
While many “minor” disputes can adequately be handled without need of a lawyer – using Small Claims Court or Alternative Dispute Resolution – if you, a friend, or loved one sustained a catastrophic personal injury such as a traumatic brain injury, there can be no question but that you are in need of the services of a competent lawyer.
Unfortunately, we live in a day and time where millions of dollars have been spent persuading the general public (prospective jurors) that should an injured victim exercise their fundamental constitutional right by bringing suit, that individual is merely adding to an already “sue happy” society. Nothing could be further from the truth.
Where a lawsuit is not pursued, unless the injured victim is independently wealthy, the taxpayers will bear the brunt of financial responsibility. Indeed, in catastrophic cases the victim may end up institutionalized unless sufficient funds are secured in order to meet the victim’s medical and support needs.
Complicating matters further, many victims of traumatic brain injury, especially mild traumatic brain injury, are in a state of denial regarding the profound impact of the injury itself. While victims of “mild” TBI have not sustained the “catastrophic” injuries, which may cause an individual to be institutionalized, they have nonetheless sustained injuries which will have a significant impact on their vocational capabilities. In denial, job after job is lost.
Combining denial with the current disfavor regarding lawsuits may very well prove to be a recipe for disaster for the injured individual. Only a lawyer can assess the “legal health” of the injured victim – by investigating the facts, researching the latest developments in the law, applying his or her legal training and experience, and then advising the victim of his/her alternatives. A good lawyer can spot the “jagged rocks” that may lie below the waters of a seemingly simple dispute and can help the victim plan a course of action to avoid them.
The sad truth is, however, that all lawyers are not created equal. It is a very sad fact of traumatic brain injury life that many survivors will not receive adequate recompense for their injury because their lawyer did not have enough experience to know how to analyze, prepare and present a legitimate claim for damages. Many times, the blame is directly traceable to the attorney who is not forthright in the first place regarding his/her lack of experience handling cases involving traumatic brain injury. Time after time the inadequate result rests with the attorney who did not understand the seriousness of the injury simply because of its “invisible” nature.
Unfortunately, even where an injured victim has overcome denial, and has further overcome the social stigmas associated with bringing a lawsuit, s/he may nonetheless experience further “hurt” due to an association with a lawyer having no idea how to properly present claims involving traumatic brain injury. BEWARE: EDUCATION, TRAINING, AND EXPERIENCE VARIES BETWEEN LAWYERS.
At the Scarlett Law Group, we represent injured victims on a contingent fee arrangement. This means that we do not receive any fee or payment unless money is recovered on behalf of the injured person, and then the attorney fee is paid as a percentage of the amount recovered. [Contingent Fee].
What this means is that you have the absolute ability to hire the most qualified attorney specializing in representing individuals sustaining traumatic brain injury. Through the use of the Contingent Fee Agreement, and given that there are excellent attorneys around the United States willing to advance the expenses in connection with the prosecution of a TBI case, injured victims have the ability to hire the most qualified attorneys and need not settle for or accept inexperienced attorneys to handle their cases.
Through the contingency fee, you have the ability to hire a qualified attorney in a crucial situation, and you need not pay that attorney unless they successfully perform. This is a powerful position to be in. Do not underestimate your position. After all, the results of your lawsuit will have an important and long-term impact on your quality of life. Just as you would not rush to purchase any item of consumer goods, nor should you hastily choose a lawyer to represent you.
We at Shaked, P.A., are committed to handling claims of individuals sustaining traumatic brain injury. We are committed to spending the time with you and your family members to gain a deep understanding for each and every way the injury has affected your life. We are committed to spend the necessary time in order you understand your rights in the progress of your case. Our staff is committed to trying to make your life easier, and we will endeavor to put you in contact with support groups and treating doctors as your case may require.
Given the importance of your choice of counsel, you should be prepared to meaningfully question prospective lawyers in order to ascertain his or her qualifications to handle your case.
You are about to embark on one of the most important decisions of your life, to wit: The choice of the right lawyer to represent you. You are armed with a powerful tool, the Contingency Fee Agreement. This Agreement allows you to retain experienced counsel without having to pay hundreds of dollars per hour up front. Please, do not make your decision cavalierly. Ensure that you are comfortable with the counsel of your choice. Ensure that counsel has the confidence and experience to properly handle your case. The path is a difficult one, and the choice of counsel can make all the difference in the world.
Florida Auto Accident Attorneys – What you need to know
Automobile Accidents
The United States Automobile Industry recently enjoyed its 100th birthday. However, with the convenience of the automobile also came hazards. According to the National Highway Traffic Safety Administration (NHTSA), the United States now has over 205,000,000 registered motor vehicles. By the late 1990′s, there were over 183,000,000 licensed drivers in the United States.
In 2002 alone, there were an estimated 6,316,000 car accidents in the United States of America. There were about 2.9 million injuries resulting from those accidents, and approximately 42,815 people were killed in auto accidents in 2002. An average of approximately 115 persons die each day in motor vehicle crashes in the United States. This means that a death occurs every 13 minutes.
It is usually a misconception that victims of automobile accidents do not need attorneys. Until the victim of an automobile accident retains an attorney, the insurance company knows that the person they are dealing with is not currently prepared to take his or her case to court and is unlikely to offer fair compensation.
Today, given the horrendous stigmas associated with exercising one’s legal right – especially when insurance companies routinely offer little or nothing for an accident unless the injured party has retained counsel – it is not uncommon for many victims injured in car accidents to attempt to negotiate directly with the insurance carrier themselves. In most instances, the individual is first met with feigned concern by the carrier, who then steadfastly proceeds to build a case against him/her.
Insurance companies routinely work with a select group of doctors who, unfortunately, tend to reach the same conclusions in virtually all cases, to wit: that little or no injury has been sustained. Obviously this is not the case where catastrophic injury has occurred, but even then, causation for the injury is often disputed, as is extent and need for future care. In short, the unwary injured victim of a car accident attempting to negotiate with the insurance carrier on his/her own soon learns the stark reality: insurance companies are in the business of taking premium dollars, not paying claims. By the time the carrier is done with you, it will have a recorded statement regarding cause of the accident, it will have had you examined by “their” doctors, and it will be in a position to justify why your claim is worth relatively little. Do yourself a favor; avoid this scenario at all costs.
Demonstrative evidence employed by The Shaked Law Firm in Auto Accident case. Aerial photographs are routinely commissioned in order that the jury visualize the accident scene
Unfortunately, there are over 40,000 fatalities each year as a result of automobile accidents. Over 3,500,000 injuries are sustained as a result of over 6,500,000 crashes that occur in the United States each year.
It probably comes at no surprise that rear-end collisions (whiplash accidents) are the most common vehicle collisions. Each year, well over 2,500,000 whiplash accidents are reported. Frontal collisions, rollover accidents, side impacts are all too common.
While it is difficult to generalize, each type of accident can produce different types of injuries. As we are increasingly learning, even low speed impacts can cause significant injury.
Today, it is difficult to find jurors who have not been individually involved in some type of automobile accident, or who do not know someone who has. Juror’s experiences often pre-dispose their views on automobile accidents, the injuries resulting therefrom, and the lawsuit that ultimately must be pursued by those injured during an automobile accident. Insurance companies have likewise done much to taint prospective jurors’ attitudes about those who pursue lawsuits for injuries sustained in automobile accidents.
Accordingly, the Shaked Law Firm does much to overcome juror bias. During trial, the Shaked Law Firm often utilizes biomechanical engineers to professionally demonstrate the awesome force involved upon the body, even in low speed impacts. Accident reconstructionists are utilized to re-enact the accident. Medical specialists provide the jury with appropriate information about the injuries sustained, and the probable residual impact of those injuries. In short, the Shaked Law Firm takes the necessary steps to properly present the auto/auto, auto/pedestrian, rollover, singular vehicle accident, and big rig/auto case.
If you or a loved one have been involved in a vehicular collision, the Shaked Law Firm stands ready to assist you with your legal needs. With focus on the handling of those catastrophically injured, and those sustaining the loss of a loved one, the Shaked Law Firm is ready to assist you when you need it the most.
If you or someone you know has been injured
as the result of an auto accident or car crash,
you need the assistance of The Shaked Law Group.
Call 877-LAW-0080
today to speak with a Florida Personal Injury Attorney.
Cruise Ship Accidents
Personal Injury Law Firm: Practice Areas Mishaps on a Cruise Vessel As Miami cruise ship accident attorneys, we are vastly experienced in litigating luxury liner accidents claims including those against Carnival Cruise Lines and Royal Caribbean. Our lawyers understand that cruise ship accidents claims are part of the law of the sea that involves cruise ships. Even though much of the admiralty maritime law generally applies to cruise ship related matters, there are many special laws that apply only to cruise ships claims. For instance, cruise lines sometimes insert special provisions into their passenger boarding passes that are legally allowed under U.S. laws.Throughout Southern Florida, namely, Miami and the U.S., millions of individuals experience a cruise to far away and exotic locations. Tourists and residents from across the country take these trips on cruise ships everyday with out giving much thought to anything bad happening to them. However, accidents and injuries will and do occur. Such accidents and injuries could have been easily prevented if the staff on such cruise ships had followed the proper and necessary precautions. If you or loved one have been the victim of an accident on a cruise ship, contact the Florida accident lawyers at the Shaked Law Firm. Have you or someone close to you been involved in a cruise ship accident? Our accident lawyers at the Florida Law Offices of the Shaked Law Firm can help you. Contact our Florida Accident Lawyers today! Some of the many wrongful injuries that have occurred on Florida Cruise Ships include:
The result of a wrongful injury case from a cruise ship accident will depend on where the wrongful injury occurred. If the injury occurred more than 10 miles away from the Florida coastline, maritime law will apply. However, if the injury actually happened within 10 miles of the Florida coastline, Florida State Law may apply. If a wrongful injury has occurred to you or a loved one while on a cruise off the Florida coast, contact our lawyers today. If someone is involved in a wrongful death while on a cruise ship, the Death on the High Seas Act is applied, and this involves a different set of laws than maritime or even Florida state laws. If you lost someone close, such as a lover, friend or family member, while they were on board a cruise ship vessel, contact our luxury liner accident lawyers to find out more about how the different laws apply and how you can receive compensation for your loss. Please note, that cruise ship accidents must be acted upon quickly due to statute of limitation rules that limit the time period in which one can file a wrongful injury or death lawsuit. If you or a loved one have been wrongfully injured while on a cruise, you may be entitled to monetary compensation for your injuries such as your pain and suffering as well as all your medical expenses. If you were searching for cruise ship accident lawyers in Miami, look no further. Passenger ship injures almost always require the help of luxury liner lawyers when your are seriously injured aboard their sea vessels. Contact experienced Miami cruise ship accident attorneys now at (305) 937-0191 or toll free 877-LAW -0080. Preserve your legal rights in your cruise line injury case. A Miami luxury liner accidents lawyer is standing by to guide you into our safe harbor. Miami injury attorneys are waiting for your phone call. Contact our accident lawyers in Florida today! Have you or someone close to you been injured while on a cruise ship? Our cruise liner accident lawyers at the Florida Law Offices of the Shaked Law Firm can help you with your lawsuit. Contact our Florida Accident Lawyers today! . |
Florida Wrongful Death Act – your rights
Disclaimer: This is part of the 2008 version of Florida Statutes and it is offered for general information purposes. The statutes on this site should not be relied on without reviewing your legal situation with an experienced lawyer and making sure you are using the appropriate version of the statute for your case. The provisions applicable to your potential claim may or may not be the version that was in effect at the time of the incident because some changes to statutes are retroactive and some changes are not. Other statutes and other case law interpreting or applying these statutes may also apply to your case.
(The information on this site applies to Florida only)
768.16 Wrongful Death Act.–Sections 768.16-768.26 may be cited as the “Florida Wrongful Death Act.”
History.–s. 1, ch. 72-35; s. 105, ch. 2003-1.
768.17 Legislative intent.–It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Sections 768.16-768.26 are remedial and shall be liberally construed.
History.–s. 1, ch. 72-35; s. 106, ch. 2003-1.
768.18 Definitions.–As used in ss. 768.16-768.26:
(1) “Survivors” means the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support.
(2) “Minor children” means children under 25 years of age, notwithstanding the age of majority.
(3) “Support” includes contributions in kind as well as money.
(4) “Services” means tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the survivors of the decedent. These services may vary according to the identity of the decedent and survivor and shall be determined under the particular facts of each case.
(5) “Net accumulations” means the part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. “Net business or salary income” is the part of the decedent’s probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent’s personal expenses and support of survivors, excluding contributions in kind.
History.–s. 1, ch. 72-35; s. 66, ch. 77-121; s. 40, ch. 77-468; s. 1, ch. 81-183; s. 3, ch. 89-61; s. 1, ch. 90-14; s. 1167, ch. 97-102; s. 107, ch. 2003-1.
768.19 Right of action.–When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.
History.–s. 1, ch. 72-35.
768.20 Parties.–The action shall be brought by the decedent’s personal representative, who shall recover for the benefit of the decedent’s survivors and estate all damages, as specified in this act, caused by the injury resulting in death. When a personal injury to the decedent results in death, no action for the personal injury shall survive, and any such action pending at the time of death shall abate. The wrongdoer’s personal representative shall be the defendant if the wrongdoer dies before or pending the action. A defense that would bar or reduce a survivor’s recovery if she or he were the plaintiff may be asserted against the survivor, but shall not affect the recovery of any other survivor.
History.–s. 1, ch. 72-35; s. 1168, ch. 97-102.
768.21 Damages.–All potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. Damages may be awarded as follows:
(1) Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor’s relationship to the decedent, the amount of the decedent’s probable net income available for distribution to the particular survivor, and the replacement value of the decedent’s services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.
(2) The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury.
(3) Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.
(4) Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.
(5) Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them.
(6) The decedent’s personal representative may recover for the decedent’s estate the following:
(a) Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:
1. If the decedent’s survivors include a surviving spouse or lineal descendants; or
2. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.
(b) Medical or funeral expenses due to the decedent’s injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent, excluding amounts recoverable under subsection (5).
(c) Evidence of remarriage of the decedent’s spouse is admissible.
(7) All awards for the decedent’s estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims.
(8) The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106(1).
History.–s. 1, ch. 72-35; s. 2, ch. 81-183; s. 1, ch. 85-260; s. 2, ch. 90-14; s. 1169, ch. 97-102; s. 1, ch. 2002-44; s. 66, ch. 2003-416.
768.22 Form of verdict.–The amounts awarded to each survivor and to the estate shall be stated separately in the verdict.
History.–s. 1, ch. 72-35.
768.23 Protection of minors and incompetents.–The court shall provide protection for any amount awarded for the benefit of a minor child or an incompetent pursuant to the Florida Guardianship Law.
History.–s. 1, ch. 72-35.
768.24 Death of a survivor before judgment.–A survivor’s death before final judgment shall limit the survivor’s recovery to lost support and services to the date of his or her death. The personal representative shall pay the amount recovered to the personal representative of the deceased survivor.
History.–s. 1, ch. 72-35; s. 1170, ch. 97-102.
768.25 Court approval of settlements.–While an action under this act is pending, no settlement as to amount or apportionment among the beneficiaries which is objected to by any survivor or which affects a survivor who is a minor or an incompetent shall be effective unless approved by the court.
History.–s. 1, ch. 72-35.
768.26 Litigation expenses.–Attorneys’ fees and other expenses of litigation shall be paid by the personal representative and deducted from the awards to the survivors and the estate in proportion to the amounts awarded to them, but expenses incurred for the benefit of a particular survivor or the estate shall be paid from their awards.
History.–s. 1, ch. 72-35.
If you have lost a loved as a result of another’s negligence, please contact the personal injury lawyers of the Shaked Law Firm, P.A. in Miami, Florida for a free consultation about your case.
Man faces DUI charge after leaving scene of injury car accident
A man was arrested for driving under the influence after he left the scene of an injury accident late Tuesday on U.S. 166 just west of the West Madison Bridge, a Cowley County Sheriff’s Department official said.
Arnold D. Snow, 49, posted bond after being charged by law enforcement officers with DUI, leaving the scene of an injury accident and failure to report an accident, said Undersheriff Bill Mueller.
Snow left on foot after the accident and was given a ride into Ark City, Mueller said. The Police Department located him at his residence and he was questioned by a sheriff’s deputy and given a sobriety test.
The two-vehicle accident was weather-related, Mueller said. The two vehicles did not collide but both slid into a ditch.
For a free consultation with a the Shaked Law Firm Accident Attorneys, call (305) 937-0191or toll free at 1-877-LAW-0080.
We have litigated cases throughout the State of Florida and are willing to meet with clients anywhere in the State. Please visit the Contact Us page to speak with our experienced Accident lawyers.
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