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Wrongful Death

Presser Law, P.A. > Wrongful Death (Page 2)
24 September
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Post-Injury Statements to Insurance Companies

Posted by Justin
in Animal Injury, Blogs, Car Accident, Child Injury, Dog Bite, Motorcycle Accident, Pedestrian Accident, Personal Injury, Slip and Fall, Trip and Fall, Trucking Accident, Wrongful Death
Post-Injury Statements to Insurance Companies

Post-Injury Statements to Insurance Companies Post-injury statements to insurance companies can be stressful.  This article will help you understand how these statements are conducted and the common mistakes made by injury victims. What Is A Post-Injury Statement Whether you have been injured in a car accident, slip and fall, animal injury, or otherwise, get ready for the phone calls.  Various people who you have never met are going to call.  They are calling you on behalf of the insurance companies.  What do they want?  They want information.  They want to know how the injury happened, who witnessed it, whether you were hurt and...

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16 August
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Injuries Caught On Video – Lights, Camera…Lawsuits?!

Posted by Justin
in Blogs, Personal Injury, Slip and Fall, Trip and Fall, Wrongful Death
injuries caught on camera store surveillance

We now live in an age where technology is more and more pervasive in our lives.  You can hardly go to any business without there being hidden or exposed surveillance camera.  These cameras are designed to deter theft.  On occasion, these cameras will capture individuals being injured. Whether a slip and fall, trip and fall, a shootout at a gas station, or other injury event, obtaining the video of the incident can be a challenge.  Businesses routinely refuse to produce them to injury victims.  Often times it takes the filing of a lawsuit to force a business to produce the incident...

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23 July
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Car Accidents and Florida’s PIP Law

Posted by Justin
in Blogs, Car Accident, Motorcycle Accident, Pedestrian Accident, Personal Injury, Trucking Accident, Wrongful Death
Car Accidents and Florida's PIP Law

WHY IS FLORIDA CALLED A "NO FAULT" STATE? Ever wonder why Florida as referred to as a “No Fault” state?  The answer is fairly simple.  Florida is referred to as a “No Fault” state because it requires drivers to have a specific insurance coverage to lawfully operate a vehicle on the roadway.  This insurance coverage is called Personal Injury Protection, or “PIP” for short. PIP insurance coverage is governed by Florida Statute §627.736.  It requires every driver at least $10,000.00 in benefits to help pay for medical treatment or lost wages caused by a crash.  It also includes an additional $5,000.00 in death...

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20 July
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Time is Running Out – Florida’s Statute of Limitations

Posted by Justin
in Animal Injury, Blogs, Car Accident, Child Injury, Dog Bite, Motorcycle Accident, Pedestrian Accident, Personal Injury, Slip and Fall, Trip and Fall, Trucking Accident, Wrongful Death
Florida's Statute of Limitations

FLORIDA'S STATUTE OF LIMITATIONS Injuries can occur in a number of ways.  However, they all have something in common – a time limitations on bringing your claim in court.  Florida’s statute of limitations is found at Florida Statute 95.11.  This statute outlines the time limitations which apply to wrongful death, car accident and other injury and non-injury claims.  Failure to bring an action within the appropriate limitations period risks being unable to bring the claim at all. Some of the most common statutes of limitations are as follows: Statute Type of Case Limitation 95.11(1) Recorded Judgment 20 Years 95.11(2)(b) Breach of Written Contract 5 Years 95.11(3)(a) Negligence 4 Years 95.11(3)(k) Breach of Unwritten Contract 4 Years 95.11(4)(b) Medical Malpractice 2 Years 95.11(4)(c) Wages...

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04 June
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Immediate Medical Care Can Help Your Injury Case

Posted by Justin
in Animal Injury, Blogs, Car Accident, Child Injury, Dog Bite, Motorcycle Accident, Pedestrian Accident, Personal Injury, Slip and Fall, Trip and Fall, Trucking Accident, Wrongful Death
How to help your injury case

As an injury attorney, I see many ways injury victims often hurt their case.  One of the main reasons is failing to seek immediate medical care after an injury. Seeking immediate medical care after an injury is extremely important.  Some of those reasons include: Documenting your pain complaints, Documenting any visible injuries, Helping relate the injury to the incident, and Securing your use of insurance benefits. Documenting Your Pain Complaints Properly documenting your injury claim begins early on.  Without proper documentation, you may be hurting your injury case. An important step is documenting your pain complaints with a medical provider.  Initial evaluations are necessary...

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26 May
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How Much Is My Case Worth?

Posted by Justin
in Animal Injury, Blogs, Car Accident, Child Injury, Dog Bite, Motorcycle Accident, Pedestrian Accident, Personal Injury, Slip and Fall, Trip and Fall, Trucking Accident, Wrongful Death
What is my case worth?

How Much Is My Case Worth? “How much is my case worth?” This is probably the question I get asked the most.  As a result, I thought I would discuss what goes into determining case values.  Please keep in mind that each case is different and this is simply intended to give you a general overview.  Full analysis is too detailed for this post as analysis of your case's value is extremely fact-specific. However, before we begin let me just say the "How much is my case worth" is the wrong question.  You should be asking "What is the value of my case?" CASE...

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10 May
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Child Injuries and Deaths Due to Unstable Furniture

Posted by Justin
in Blogs, Child Injury, Wrongful Death
Child Injuries and Deaths due to unstable furniture

Child Injuries and Deaths Due to Unstable Furniture Most parents want to keep their child safe.  However, many forget to fully secure their homes.  This exposes their children to the danger of unstable furniture.  The fix for this problem is simple.  Parents of small children should anchor potentially unstable to the wall to prevent tipping of falling.  Having represented individuals who have lost a young child due being struck by unstable furniture, the dangers here cannot be overstated. In 2017, the Consumer Product Safety Commission (SPSC) released a study which reviewed deaths and ER-treated injuries due to furniture instability and tip-over.  The study examined...

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09 May
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Children At Danger From Vehicles

Posted by Justin
in Blogs, Car Accident, Child Injury, Pedestrian Accident, Personal Injury, Wrongful Death
Child injury law

Injuries to Children On average, 12,175 children under the age of 19 die each year from unintentional injuries.  These injuries and deaths occur in countless ways.  The most common include car accidents, being struck as a pedestrian, and trip and falls.  However, there are many other, less common, ways in which a child can be injured or killed - such as failing to properly secure furniture or drowning due to inadequate or improperly trained staff. Children As Pedestrians According to AAA, nearly 1 out of 4 child pedestrian fatalities occurred between 3 p.m. and 7 p.m.  In 2016, the NHTSA documented 2,466 children killed...

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08 May
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Florida’s Slip and Fall or Trip and Fall Law

Posted by Justin
in Blogs, Personal Injury, Slip and Fall, Trip and Fall, Wrongful Death
Slip and Fall Lawyer Deltona, FL

Slip and Fall or Trip and Fall Law Slip and fall and trip and falls are some of the most common injuries claims after motor vehicle crashes.  The reason an injured person fell is usually not because they forgot how to walk.  Rather, many dangerous conditions can cause someone to fall.  Examples include elevated or cracked sidewalks or food or liquid on the floor.  Most of us have also encountered the ultra slippery-when-wet paint in a crosswalk. Florida has a statute outlining what slip and fall or trip and fall injury victims need to prove in court.  Florida requires fall injury victims...

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24 April
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Florida’s Accident Report Privilege in Civil Cases

Posted by Justin
in Blogs, Car Accident, Motorcycle Accident, Pedestrian Accident, Personal Injury, Trucking Accident, Wrongful Death
Florida accident lawyer example of a crash report

Florida's Accident Report Privilege So you’ve been in an accident and the other driver told the officer they were at fault.  Now all you have to do is use that statement at trial and your case is a slam dunk, right?  Wrong! Florida's Accident Report Privilege statute prevents any statements made by those required to interact with law enforcement after a crash from being used against them in a later civil or criminal trial.  Persons covered are typically the driver and occupants of the vehicles involved in the crash.  The privilege balances a person’s Fifth Amendment right against self-incrimination with an officer’s obligation to...

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