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Archive for March 2016

Who Is Able to File a Florida Wrongful Death Claim?

There is no way to prepare for the unexpected loss of a loved one.  The wrongful death claim exists to protect the estate of the deceased and the deceased’s family.  Florida Wrongful death law is complicated.  A knowledgeable Melbourne, FL attorney should be the one to consult with and decide Continue Reading...

Punitive Damages in a Florida Personal Injury Case

Punitive damages fall under a Florida section of tort law, or personal injury law that allows for damages to be awarded to a personal injury victim above and beyond normal compensation.  The purpose of them is as the name suggests.  They are punitive in nature in an effort to “punish” Continue Reading...

Is There a Cap to Medical Malpractice Wrongful Death Damages?

The answer is yes and no.  There is a cap to a certain type of damages awarded in any Melbourne, FL area medical malpractice lawsuit, whether a wrongful death occurred or not.  Most states have a medical malpractice cap of some sort to protect the defendant against a detrimental loss Continue Reading...

How is Emotional Pain and Suffering Determined?

We have all heard it said that emotional pain and suffering can be awarded in a court of law.  But what does that exactly mean and how does it get determined?  How is it that one person can receive S100,000 while another receives millions?  It is true that emotional pain Continue Reading...

How Can an Attorney Help with a Wrongful Death Claim?

Wrongful death claims are unique under Florida personal injury statute in that the person filing the claim is not the victim.  Only an appointed personal representative can bring forth a wrongful death claim on behalf of the deceased.  An attorney is not required to file a wrongful death lawsuit in Continue Reading...