Archive for April 2018

“Respondeat Superior”: Is the Trucking Carrier Responsible for Your Traffic Accident?

When it comes to your personal injury case, you’ll frequently hear terms you’re unfamiliar with being used in the context of your claim. An experienced board certified civil trial attorney can explain these terms to you and will have experience applying them on your behalf when necessary. The legal jargon that often comes up when an attorney pursues a trucking related accident is Respondeat superior. 

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Wrongful Death Actions: Before the Clock Starts Ticking, this is What You Need to Know

Every action filed in a court of law is subject to strict guidelines that vary from state to state. The statute of limitations on any legal action is in place to prevent misuse of the courts time and resources. The time limit is strictly enforced to discourage frivolous lawsuits years after the accident or injury occurred. This is especially true in the case of wrongful death actions.

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Civil Liability in DUI Driving Accident Cases: A Personal Injury Point of View

Civil liability is not the first thing we think of when it comes to drunk driving accidents. However, it is one of the most common actions taken against a defendant after they’ve been charged with a DUI. Usually when people think of a DUI, the first image that probably comes to mind is a celebrity being arrested and charged with a felony (or other criminal charges). This article will seek to show the less talked about but more common legal actions taken after a drunk driving accident: civil liability.

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Physician-Patient Privilege After Wrongful Death: How the Law Applies and When It’s Waived

As a general rule of law, physician-patient privilege protects the privacy of a patient’s medical history as per HIPAA guidelines and any other laws that are applicable in the state the patient resides. However, controversy tends to arise quickly when a patient suffers an unexpected wrongful death and their records are legally necessary for the surviving family to pursue legal action. According to the law, there are several factors that apply in the case of a wrongful death in which medical records are necessary.

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Everything You Need to Know About a Wrongful Death Lawsuit, Part 2: Survival Actions

In part one of Everything You Need to Know About a Wrongful Death Lawsuit we looked at the scope of a wrongful death lawsuit as it pertains to personal injury. We also explained how damages are determined in a court of law in regard to wrongful death. We delved into how it differs from a lawsuit filed due to an accident, and how the surviving family members circumstances are a major component of “pecuniary loss”.

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Everything You Need to Know About a Wrongful Death Lawsuit, Part 1

Within the scope of a wrongful death lawsuit lies a nuanced approach to collecting damages. While a family can never put a dollar amount on the loss of a loved one, and shouldn’t have to, there are still financial burdens that must be dealt with after death. For this reason, it’s important to obtain board certified legal counsel to help navigate both the judicial and financial aspects of a wrongful death lawsuit.

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As Summer Nears, So Does the Risk of Accidental Drowning

Who becomes liable after a drowning accident and what steps can you take to prevent drowning accidents from occurring in the first place? No one wants to think about the loss of a loved one, especially when it’s due to something such as an avoidable accidental drowning. It’s devastating to think that something as enjoyable as spring break or summer vacation when families are enjoying the beautiful South Florida weather can turn tragic in an instant.

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