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Miami Personal Injury Law Blog

Losing a child: Wrongful death payouts for children

When you lose a loved one in a car accident or other situation in Florida, you probably think that regardless of who it is, the compensation should be high. Unfortunately, for the courts, there has to be something to base the price of that person's life on. The value of that person's life is going to be based on a few things, including the potential earnings and other factors, like his age.

No one really wants to think of a human as having a price tag, but with the price-setting procedures in place for wrongful deaths, it has to be done. For example, when a child passes away, the recovery for his or her life has to be based on the age, sex, life expectancy, health, habits and work expectancy of the child. The health, circumstances and ages of those trying to make a claim are also considered.

Don't let a car crash ruin your finances in Florida

No one wants to be in a car accident; the damage to your vehicle can be extreme and your injuries may be bad enough to take months or years of rehabilitation. In some cases, even a relatively minor accident can result in deaths due to the injuries suffered. Fatal crashes in Florida's urban areas have been on the rise, and between 2004 and 2009, they rose from 1,607 to 1,750.

When these numbers are broken down, you can see that over 1,500 families suffer the death of a loved one every year because of dangerous drivers on the roadways. A greater amount of families have to live with the suffering of those they love who have been injured, either temporarily or permanently.

How long can a passenger-carrying vehicle operate in Florida?

Getting hit by a truck in Florida is no simple accident. The size of a truck can result in you suffering severe injuries and your vehicle sustaining incredible damage. Following your accident, you need to discuss a few things about the crash. For instance, did you see the driver fall asleep at the wheel? Was the driver on the road when he or she shouldn't have been? These are important questions that need to be answered.

According to the Federal Motor Carrier Safety Administration, there are maximum driving times allowed for passenger-carrying vehicles. If you were struck by a bus, like a double-decker, or a larger Greyhound, then you may be interested in these laws.

4 people killed in crash on Florida's Buckman Bridge

Imagine heading home from lunch out at your favorite restaurant or heading home after picking up your children from school. You're with your family members, enjoying your ride home and trying to make the journey as safe as possible. Suddenly, you're struck by a vehicle from behind, and the impact results in a fire and multiple deaths.

That's what a family in this case out of Jacksonville, Florida, is dealing with. According to the story from March 2, there were two children and two adults killed when the SUV they were inside was struck and burst into flames. Three other people inside the vehicle were injured but survived, and they were taken to a local hospital for treatment.

What are some statistics about accidents in Florida?

There are yearly facts and figures released by the Florida Highway Safety and Motor Vehicles Department, and they can be of great help understanding the reason accidents, whether motorcycle or car accidents, take place in the state. The most recent report, which is for 2013, discusses several key facts about traffic accidents and investigations in Florida. By looking at these facts, you can get a better idea of why accidents take place and how much risk there is for you on the roads.

According to the chart provided by the department, there are over 18 million vehicles registered in Florida. 15.4 million people have licenses to drive there, so that means that at least some people in the state have two vehicles or more per person.

Seek the compensation you deserve for malpractice in Florida

When you're hurt in Florida, you sometimes have to seek medical attention. To do that, you'll head to a local emergency room or doctor's office and trust that the care you'll receive is proper. Most people see hospitals and doctors' offices as places where caring medical professionals perform procedures to make them feel better. In most cases, that's true. Sometimes, errors take place, though, and that can leave a patient in worse shape than when they arrived.

Simply giving a patient a medication they're allergic to can cause anaphylactic shock. Not treating this can lead to low oxygen levels in the body and eventual brain death. Not stopping a patient from bleeding internally after an injury can lead to low iron levels, anemia, or even worse, to death. Whether it's a simple mistake like forgetting to give a patient a medication or a serious error like operating on the wrong site, these medical errors can't be ignored.

Medical requirements for truck drivers need to be met in Florida

If you've been in a truck accident with someone who shouldn't have been behind the wheel due to medical reasons, you may wonder if there were any checks in place to make sure drivers like the one in your accident were kept off the roads in Florida. The United States Department of Transportation does have medical requirements that all commercial drivers need to abide by. These requirements help keep those who can't see or hear well enough off the roads; they also keep those with severe medical conditions off the roads to prevent accidents.

If the driver who struck you wasn't truthful about his or her medical history on his or her exam form, then the examination and medical examiner's certificate may be invalidated. A civil penalty can be filed against the driver for making this false statement, and you may be able to prove that the driver was negligent in your case.

Do schools need to contact parents before medical procedures?

Imagine sending your child to school and thinking that he or she will have a good day; you expect it to be safe and for everything to go well. Then, you get a phone call that your child has come down with an illness, so his or her blood was taken and sent to the lab for diagnosis. Once the diagnosis comes back, it's a shocking report of an illness there's no way your child could have. Now you have to face the stigma that comes with it.

After you take your child to his or her private physician, you find that the test results were wrong. Not only that, but your child had tests performed on him or her without your approval as his or her parent. Shouldn't you have been informed before blood was drawn, since it's an invasive procedure?

What are some specific road rules for motorcycles in Florida?

As a motorcyclist in Florida, there are several things you need to know about your rights on the road. For instance, if you can show that someone took advantage of your right to drive in an area and caused an accident, you may be able to show that you were in the right and then seek compensation for the driver's error.

Here are a few examples. Did you know that while motorcycles are able to ride two abreast, another vehicle like a car may not try to occupy the same space as you? You, as a rider, are entitled to use the entire lane as you see fit, so no vehicle should try to pass you in your lane or to pass without leaving the lane completely. This also applies to you in reverse; you are not legally allowed to split a lane with a car or truck. You must pass in an outside lane and can't pass between rows of vehicles along dotted or solid lines.

Bernie Mac's widow drops wrongful death case, may refile

If you keep up with celebrity news in Florida, you may remember that the late Bernie Mac's widow had headed to court with a wrongful death lawsuit. She has decided to drop the case, but her attorney claims that they will be looking at refiling it, since they have another year before the statute of limitations would be enforceable. This case is one you may want to keep an eye on, as it is complicated and involves potential medical malpractice due to incomplete patient record sharing.

The case focuses on the death of actor and comedian, Bernie Mac. He passed away at age 50 on Aug. 9, 2008 due to complications from pneumonia that he had previously been diagnosed with by a separate physician than the one who was being sued. The lawsuit claims that the doctor treating Mac for head, neck and facial lesions, who was not responsible for the pneumonia diagnosis, dragged out the dermatological appointment on July 17, 2008, failing to send Mac to a hospital for emergency care once he did take notice of his lesions.

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Kurzban Kurzban Weinger Tetzeli and Pratt P.A.
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Kurzban Kurzban Weinger Tetzeli and Pratt P.A.
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Jacksonville, FL 32256
Telephone: 904-536-3556
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Fax: 904-394-2956
Jacksonville Law Office