Last updated 5 months ago
The tragedy of a loved one's death is compounded by the awareness that the death was avoidable. If the negligence of an individual or an organization has resulted in the death of someone close to you, the law protects your right to fair compensation to the Estate and the Survivors.
Requirements of a Wrongful Death Suit
In order to successfully pursue a wrongful death suit, it must be demonstrated that the death was the direct result of another party's negligence. It must also be shown that the other party had a responsibility to take reasonable precautions to protect the safety of the person who died. For instance, a restaurant owner may has the duty or responsibility to take reasonable measures to keep the floors free of hazards to avoid accidents and injuries.
Who Can File A Suit
In Florida, a wrongful death suit may only be filed by the Personal Representative of the deceased person’s estate. Compensation sought for wrongful death often encompasses medical “Survivors” under Florida law.
Every state has different laws regarding wrongful death suits, and sets its own statute of limitations on filing a claim after the death. Because of the complexity of the legal procedure, it is unlawful in some states to file a wrongful death claim without representation.
A qualified attorney's assistance is critical to winning a fair settlement in a wrongful death suit. Not only will an attorney have the necessary knowledge of the relevant laws, but also the resources needed to build a strong case. Evidence may include witness testimony, medical records, and police reports.
If you are in need of a personal injury attorney, call Todd Miner, serving the Orlando area since 1993. Areas of focus as a personal injury attorney include wrongful death, car accidents, motorcycle accidents, truck accidents, and medical malpractice. When you need a personal injury attorney who will fight hard to protect your rights and recover the compensation you deserve, look no farther. For more information about our areas of practice, visit our website or call us today at (407) 329-3191.
Last updated 5 months ago
Workplace injuries are injuries that occur on the job as a direct result of the duties the worker is assigned to perform. Injuries include both physical injuries and illnesses.
If you have been hurt on the job, then explore all of your legal rights. Don’t let the compensation you deserve slip away. By hiring an attorney, you can have support in any of the following situations:
- Inappropriate Compensation: Employers provide workers’ compensation for their employees so they may remain relatively safe from personal injury lawsuits. However, there are situations when serious injury incurs losses beyond what workers’ compensation will provide. In situations like these, it is common for victims of workplace injuries to seek assistance from legal council.
- Denial of Claim: An employer may deny a workers’ compensation claim. Common reasons for denial include, but are not limited to, improper documentation, belief that the worker is faking the injury, suspicion that the injury did not occur on the job, and similarly, that the injury is not work related, or the opinion that the injury is a result of a pre-existing injury. When an employer denies a claim, the claimant may file a Petition for Benefits. Because the claimant has a limited amount of time to file a Petition, it is essential that they contact an attorney immediately following a denial of claim, or preferably before.
- An Injury Involving a Third Party: If the injury was caused by someone other than the employer, then the injured may file a third-party claim. A third party may not be protected by the restrictions of workers’ compensation; in such cases, the suit is filed in civil court and could include lost wages, pain and suffering, punitive rewards, loss of life enjoyment, loss of companionship, and damages due to wrongful death.
A personal injury suit is sometimes the only way to receive the compensation you deserve. It is important that you hire a personal injury attorney. Consult Todd Miner for the help you need. Visit our website or call our office at (407) 329-3191.
Disclaimer:
The materials available at this website are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use and access to this website or any of the links contained within the site do not create an attorney-client relationship. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Last updated 5 months ago
When an employee is injured on the job, they usually have a claim to workers' compensation benefits. In most cases, workers' compensation is a no-fault system. That is, negligence is not an issue; as long as the injury was not caused by an intentional act of the employee, such as drug use, they have the right to compensation.
As this video explains, workers' compensation may take the form of income replacement payments or fixed monetary awards. Usually, an employee gives up the right to sue an employer when he or she accepts workers' compensation benefits. In some cases, however, a suit can still be brought against a third party, such as a manufacturer of defective equipment.
Todd Miner is an Orlando personal injury attorney who focuses on workers' compensation, construction accidents, traffic accidents, and other personal injury cases. To learn more about our areas of practice, call (407) 329-3191 to set up a free consultation to discuss your case.
Last updated 5 months ago
Interesting CNN story about State Farm and Allstate.
Last updated 6 months ago
Coleen Bolton has won the Safe Driving Course from Todd Miner Attorney at Law. Coleen we hope you enjoy this course!
