Cape Coral Wrongful death
While it’s a topic no one ever wants to think about, it is important to understand how to navigate the process of a wrongful death claim. In this post, we will be here to guide you through the phases of a wrongful death claim, ensuring your are prepared and informed should you ever be faced with this unfortunate situation.

What Qualifies as Wrongful Death?

While all familial deaths are devastating in their own right, the event of a wrongful death brings with it strong emotions due to the situation’s preventability. Whenever the loss of a loved one occurs due to wrongful death, it means their passing was caused by another individual’s or company’s negligence or outright attempt to harm.

clean criminal record Cape CoralIf your criminal record isn’t squeaky clean, doing something basic like landing a job, obtaining credit, or renting an apartment can be incredibly difficult. Something you did a long time ago can keep you from achieving your goals. Is it possible to get a clean criminal record? You can do it, with a little help from an attorney in your area.

Expungement vs. Sealing

While you might think that expunging your record is the same as having your record sealed, it’s actually very different.

Cape Coral Injury AttorneyWhen you’re injured because of another party’s negligence, what do you do? Whether it’s a slip-and-fall, a car accident, defective medication, medical malpractice, or any other form of negligence, you’re entitled to compensation for the losses you’ve suffered.

The medical bills, not to mention the wages you’ve lost, are racking up, and you’re not sure how to proceed. How will you pay your bills— the ones that existed prior to the accident as well as the ones that resulted from your injuries? In these cases, it just makes sense to file a personal injury lawsuit.

Personal Injury Process

kid with airplaneIn Naime v. Corzo, the plaintiff appealed a final order that denied her petition to relocate to Port St. Lucie from Miami-Dade County with her minor child. The plaintiff and the defendant were married in 2002 and had the minor child in 2006. The couple separated in 2009, and the parties entered into a mediation, which resulted in a settlement agreement being signed in November 2010. The final dissolution of marriage was entered in January 2011. The terms of the mediation settlement did not discuss the relocation of the minor child.

In June 2013, the mother filed a verified petition with the court, seeking relocation. The father objected, and the lower court held a hearing, allowing the parties to provide testimony. After the hearing, the lower court denied the mother’s petition. She immediately appealed, raising three distinct issues.

The first and second grounds for appeal asserted by the mother contended that the lower court erred when it denied the petition based on the evidence provided at the hearing. The appellate court rejected this argument, finding that there was sufficient evidence in the record. The appellate court also determined that the lower court appropriately followed the factors outlined in Florida Statutes section 61.13001(7) and provided a sufficient statement of findings to supports its analysis and conclusion.

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dog bite lawyerYou’re walking in your neighborhood in Cape Coral, and suddenly, a large, unfamiliar dog comes barreling out of a neighbor’s house—straight toward you. Before you know it, the dog’s teeth are clamped around your ankle. The owner detaches the dog, and offers apologies, but how do you proceed? Let’s discuss the legal ins and outs associated with dog bites in the state of Florida.

Who’s At Fault?

As you might guess, the dog’s owner is at fault. The dog bite statute in Florida is very simple: pet owners are liable for their pets, and if a dog bites a person, the dog’s owner is responsible for the medical bills and associated costs.

As a resident of Southwest Florida, you know that we live in a boater’s paradise! Unfortunately, accidents happen, even to the most experienced boaters. What’s your recourse should you be harmed on a recreational boat? Here are some of the important points you should remember if you’re injured while boating anywhere in the southwest Florida area.

Negligence is Key

The key to recovering damages from the person you believe is responsible for your boating injury is to prove that the injury is the result of negligence, or the failure to act with reasonable care. Injury doesn’t always occur because someone acted with negligence; sometimes, an accident is just that—an accident. Nobody is at fault. Therefore, it’s up to you and your lawyer to decide if the other party was careless and caused your injury with that carelessness.

In Feggestad v. Kerzner International Bahamas, LTD, et al., the plaintiffs appealed an order from the lower court dismissing their complaint against the defendants, finding that the contract that the plaintiffs signed contained an enforceable forum selection clause. A forum selection clause is a term in a contract that binds the parties to litigating any disputes regarding the agreement and its terms in a specific location.hotel

The facts of the case are as follows. The plaintiffs made a reservation for the Atlantis Resort in the Bahamas and obtained a confirmation via email. The confirmation had a Terms and Conditions section that required the guests to view a separate document. In the document, the plaintiffs were notified that any dispute regarding the reservation and the plaintiffs’ stay at the hotel must be litigated exclusively in the Bahamas. They were also informed that upon arriving in the Bahamas, they would need to sign a registration form that included the same forum selection clause identifying the Bahamas.

When the plaintiffs checked into their hotel, the customer service representative asked them to sign a registration card. The plaintiffs asked why they needed to sign it, and the representative said that it was necessary for charging incidentals to their hotel bill. The card contained a similar forum selection clause.

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two elderly womenIn WG Evergreen Woods SH, et al. v. Fares, the Florida Fifth Circuit Court of Appeals considered whether Florida Rule of Civil Procedure (FRCP) 1.190(f) required the trial court to hold a hearing before allowing the plaintiff leave to amend its complaint to add a claim for punitive damages. The plaintiff in the action was the estate of a man named Donald DeVore, who was a resident at the defendant’s assisted living facility. At the facility, he received occupational and physical therapy to improve his strength. He was also permitted to use the pool and the hot tub. One day, a staff member found DeVore alone and unresponsive in the hot tub. It was later determined that he suffered a heart attack and consequently died.

The estate sued the defendant for negligence and wrongful death, seeking compensatory damages. In its complaint, the estate alleged that the decedent’s medical conditions indicated that he should not be allowed to use the hot tub and that despite assurances from the defendant, the decedent often used the hot tub and pool without assistance or supervision. They alleged that the decedent’s ultimate cause of death was drowning.

After the litigation progressed for one year, the plaintiff moved for leave to amend the complaint to add a claim for punitive damages. Pursuant to FRCP 1.190(f), the plaintiffs included a copy of the proposed amended complaint. The amendment would add 18 new sections, including affidavits from the plaintiff’s experts, an autopsy report, deposition transcripts, and more.

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do I need an injury lawyerWant to try a little experiment? All you need is a stopwatch and a television set. Ready? Alright turn on the tv and start the time. How long does it take for a celebrity or actor to stroll on-screen and claim the insurance company they represent has your best interests at heart? We guess it won’t even take an hour.

Do you ever wonder how the insurance companies afford to blast those commercials across your tv screens, over the radio waves, and in newspapers and magazines? They advertise because they are so profitable; profits made at the expense of policyholders.

If you’re still not convinced, we gathered five other facts the insurance company doesn’t want you to know.

parked red ATVIn Perez v. Rodriguez, the plaintiffs, acting as personal representatives of the estate of their son, Danny, brought a wrongful death action against the defendant. In their complaint, the plaintiffs alleged that their son was killed as a result of injuries he sustained due to an ATV accident. At the time of the accident, the ATV was being driven by the defendant’s son, Ricky, who did not suffer any injuries. At the time the accident occurred, both boys were 16 years old, and neither of them had put on a helmet.

During discovery, evidence came out regarding the circumstances surrounding the accident. The ATV was capable of traveling up to 65 miles per hour and was not intended for multiple riders. It was a surprise gift for Ricky from his parents. Neither parent operated the ATV, and only the wife had ever ridden on the ATV while Ricky was driving. Before the accident happened, no one other than the wife had ridden with Ricky on the ATV.

The parents testified that Ricky was required to ask permission to ride the ATV and that he was not allowed to use it unless at least one parent was home. As far as they knew, their son had not disobeyed this requirement. The key to the ATV was kept in an unlocked drawer in the area that the father used for his office.

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