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funeralIn the tragic event that someone is killed in a Florida car accident, the victim’s family members may be able to recover financial compensation from the at-fault parties through a Florida wrongful death lawsuit. The Florida Wrongful Death Act is contained in Florida Statutes § 768.16, which provides for various forms of recovery, depending on the relationship between the deceased and the person filing the case.

Florida wrongful death claims can be filed by qualifying survivors. A “survivor” is defined under the Florida Wrongful Death Act as the deceased’s “spouse, children, parents, and, when partly or wholly dependent on the [deceased] for support or services, any blood relatives and adoptive brothers and sisters.”

Any qualifying survivor is able to pursue a claim for the loss of support and services they experiment as a result of the loss of their loved one. In addition, there may be specific types of compensation available to certain survivors. For example, a surviving spouse may be entitled to compensation for their loss of companionship and protection. Similarly, surviving minor children may be entitled to compensation for their “parental companionship, instruction, and guidance and for mental pain and suffering.” Surviving parents are also eligible for pain-and-suffering damages for the loss of a minor child.

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distracted drivingResidents of every major city like to claim that their drivers are the worst. Of course, dealing with any commute day in and day out gets tiresome, and inconsiderate or aggressive drivers tend to stand out in commuter’s mind when they make these comments. However, Florida drivers, in many motorist’s minds, are among the worst.

According to a recent news report discussing a study conducted by SmartAsset, in 2018, Florida drivers ranked eighth for the worst drivers in the country. This figure represents a drastic improvement over the 2017 figures, which named Florida drivers as the absolute worst. Nevertheless, the high number of accidents in our state requires knowing a skilled South Florida car accident attorney in the event that you are injured in a collision.

The study took several metrics into account, including the number of DUI citations, the state’s traffic fatality rate, the rate of uninsured drivers, as well as the number of traffic citations issued by police. The following is the data for Florida drivers:

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roller coasterIn June of this year, six people were seriously injured when the Sand Blaster roller coaster on the Daytona Beach Boardwalk malfunctioned. News reports at the time explained that the coaster derailed shortly after it had re-opened after being closed for several weeks due to the coaster’s poor condition. A recent news report discusses some of the shocking discoveries investigators have uncovered in the few months since the accident.

The Accident

On June 14, several cars on the Sand Blaster derailed, sending two women in the front car plummeting over 30 feet to the ground below. The remaining passengers dangled from the track, waiting to be extricated by emergency workers. At the time, little was known about what caused the accident.

The Investigation

The Florida Department of Agriculture and Consumer Services (FDACS), which is the government agency responsible for regulating roller coasters, inspects roller coasters twice a year. However, operators are responsible for conducting daily inspections before opening the ride to the public.

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This summer, Cecere Santana, PA celebrates 10 years since partners Michael Cecere and Erick Santana decided to join forces and open Cecere Santana, PA. Attorneys Cecere and Santana met in the early 90s when they were both insurance adjusters for State Farm Insurance Company. Mike-Erik-Final-2017-300x200Their paths crossed again in 1996 when they attended Shepard Broad College of Law at Nova Southeastern University. After graduating and practicing law for several years, the attorneys decided to combine their years of experience in personal injury and property claims and in 2008 they opened their first office in Sunrise.

At the time, the firm consisted of two attorneys and three case managers. Since then, Cecere Santana has moved to a larger office in Plantation and the team has grown to four attorneys and more than 10 paralegals, case managers and support staff, with the sole purpose of offering our clients the best legal representation and the best customer service in the industry. In the last 10 years, Cecere Santana has helped thousands of clients hurt in automobile accidents, slip and falls, negligent security and all types of personal injury cases. We have also collected millions of dollars for home and business owners who have suffered losses to their properties due to hurricanes, storms, fires, water damages or other types of property claims.

At Cecere Santana, our priority is to offer our customers not only sound legal advice, but also excellent customer service. Our attorneys make a point of speaking directly to our clients when they sign with our firm, but also throughout their case. Our staff is trained to assist our clients throughout the legal process, guiding them every step of the way. As a result, our clients are our best referral source. Most of our new clients come to us referred by a friend or family member.

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In a recent case, a state appellate court issued an opinion in a Florida personal injury case requiring the court to discuss the state’s medical malpractice pre-suit requirement and whether the plaintiff’s case was required to comply with that requirement. Ultimately, the court determined that the defendant failed to establish, as a matter of law, that the plaintiff’s case sounded in medical malpractice, and thus the plaintiff did not need to comply with the pre-suit requirements.hospital

Florida’s Pre-Suit Notice Requirement

Under Florida Statute section 766.106(2)(a), prospective medical malpractice plaintiffs must provide notice to those whom they plan to name as defendants. This notice must contain certain information, such as a list of all known health care providers seen by the plaintiff in the past two years and copies of the plaintiff’s medical records. In addition, the plaintiff must obtain an expert affidavit indicating that the plaintiff’s claims have merit.

The Facts of the Case

The plaintiff in this case was a resident at the defendant psychiatric facility. During his stay, another resident removed a metal handrail from the wall, beating the plaintiff in the head and face with the rail. The plaintiff filed a personal injury lawsuit against the facility, arguing that it breached its duty to provide security and train staff on how to recognize and handle emergency situations.

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Drunk and drugged driving are two of the leading causes of fatal Florida car accidents. In fact, each year, there are over 400 fatal car accidents in Florida involving alcohol intoxication. In addition, there are another nearly 300 fatal accidents involving drugged driving.highway

Of course, driving while under the influence of either drugs or alcohol is illegal, and anyone who is caught doing so – even when an accident is not involved – can face criminal penalties. However, when a Florida drunk driver causes a collision with another motorist, the drunk driver can also be held liable for any injuries that result through a personal injury lawsuit.

In order to succeed in a personal injury lawsuit, a car accident victim must be able to establish that the at-fault driver violated a duty of care that they owed to the accident victim and that this violation resulted in their injuries. Normally, this involves establishing four elements:  duty, breach, causation, and damages. However, if the defendant violated certain non-traffic statutes – such as the DUI statute – the accident victim can take a “shortcut” when proving their case through the doctrine of negligence per se.

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Legal News GavelOriginally designed for use in the second World War, duck boats are amphibious vehicles that can travel on both land and water. In the 2000s, the retrofitted vehicles became a popular tourist attraction in many cities across the country. However, over the years since duck boats started being used for recreational purposes, there have been a number of fatal accidents, including the tragic duck boat accident that occurred earlier this month in Missouri.

According to a local news report, the duck boat capsized when inclement weather quickly rolled in. Seventeen people aboard the boat lost their lives in the accident, including nine members from the same family. A few days after the accident, authorities were able to remove the boat from the lake where it sank to begin their investigation.

Duck boats, like other vehicles that are permitted to carry passengers for pay, are required to undergo annual inspection. However, even if a boat passes inspection, there are still imitations regarding when the boat can be used on the water. For example, when winds reach a certain speed or waves a certain height, operators are supposed to cancel outings. A Florida boating accident attorney can help answer any questions you may have if you have sustained injuries in a boat accident.

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Florida is not known for its good drivers. In fact, each year there are approximately 3,000 fatalities caused by Florida car accidents. Perhaps not surprisingly for those who have spent much time navigating Florida roads, a recent study lists Florida as second among all 50 states for the number of car accidents caused by careless driving.

Legal News GavelThe category of careless driving encompasses a number of poor driving habits, most notably distracted driving and fatigued driving. These two categories compose the lion’s share of all Florida car accidents, with speeding and drunk driving rounding out the major causes.

Of course, all Florida motorists have a duty to those with whom they share the road to ensure that they are operating their vehicle in a safe and responsible manner. This includes the decisions a driver makes while behind the wheel, but also it calls into the question the decision the driver makes to get behind the wheel in the first place.

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Equal access to the court system is one of our country’s most fundamental rights. Regardless of a person’s background or economic status, the United States Constitution guarantees everyone’s right use the courts to resolve disputes among parties. However, that right, like many others, can be waived.

Legal News GavelChances are, anyone who has dealt with a claim against a Florida nursing home is familiar with the concept of arbitration. Arbitration is a form of dispute resolution outside the traditional court system, in which a private arbitrator hears the case and renders a decision. Generally speaking, those parties who engage in frequent litigation prefer arbitration because it offers a quicker, cheaper, and confidential way to handle cases.

Arbitration, however, can present some potentially serious problems for individual litigants, including Florida nursing home residents and their families. This is because the nursing home usually creates the “rules of the game,” so to speak. For example, a nursing home can include clauses in an arbitration agreement specifying which state’s law applies, procedural deadlines, and even which arbitrator will hear the case. Thus, normally it is in a nursing home resident’s best interest to avoid arbitration, if possible.

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Earlier this month, a state appellate court issued a written opinion in a Florida premises liability lawsuit requiring the court to determine if the lower court was correct to grant the defendant hardware store’s motion for summary judgement. The court ultimately concluded that each of the plaintiff’s two theories was sufficiently supported by the evidence such that they should proceed toward trial. Thus, the appellate court reversed the lower court’s decision to dismiss the plaintiff’s case.

Legal News GavelThe Facts of the Case

The plaintiff was shopping at the defendant hardware store when an object fell from a shelf behind him and struck him behind the knee. The plaintiff later filed a two-count personal injury lawsuit against the store.

The plaintiff testified that he did not see the item before it struck him. However, he could see it out of the corner of his eye as it was falling from the shelf. After the accident, the plaintiff testified that a store employee showed the plaintiff a trailer hitch and told him that it was the object that had struck him. A representative for the hardware store testified that large, heavy items are not stored on the upper shelves; however, the plaintiff claimed to have seen other trailer hitches up on the top shelf immediately after the incident.

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