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Florida Personal Injury Law Blog

What Can You Do To Help Your Florida Personal Injury Case

2/13/2023

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If you are involved in a Florida personal injury case, there are several things you can do to help strengthen your case and increase the chances of a favorable outcome.  Some of the most important things to consider include:
  1. Gathering evidence: Collect any available evidence related to the accident, such as photos, witness statements, medical records, and police reports. This information can help to support your claims and establish liability.
  2. Keeping detailed records: Keep a journal or log of all the expenses and losses you have incurred as a result of the accident, including medical bills, lost wages, and any other out-of-pocket expenses.
  3. Seeking medical treatment: Promptly seek medical attention for your injuries, even if they may seem minor. This will not only ensure that you receive the necessary care, but it will also create a record of your injuries that can be used as evidence in your case.
  4. Following through with medical treatment: Follow through with all recommended medical treatment, including physical therapy or rehabilitation if necessary. This will help to demonstrate the seriousness of your injuries and the impact they have had on your life.
  5. Avoiding social media: Be cautious about what you post on social media and other online platforms, as insurance companies may use this information against you. Avoid discussing your case or posting about your injuries.
  6. Keeping in touch with your attorney: Regularly communicate with your attorney about the status of your case and any new developments. They can provide you with guidance and support throughout the process.
  7. Being honest and forthcoming: Be honest and forthcoming about your injuries and the impact they have had on your life. This will help to build trust with your attorney and increase the chances of a favorable outcome.
Remember, these are general guidelines, and the specific steps you should take may vary depending on the unique circumstances of your case. An experienced Florida personal injury attorney can provide you with personalized guidance and support throughout the process.

If you have been injured in Florida, we may be able to help.  Call us to request your Free Consultation at 866-234-6093.  



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Florida Personal Injury Attorney Discusses Wrongful Death Claims

2/6/2023

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As a Florida wrongful death attorney, I am given the unique responsibility of seeking justice on behalf of families that have lost a loved one due to a tragic event.  The magnitude of a wrongful death claim is never taken granted, and we strive to understand the significant emotional toll such cases have on all involved. 

In Florida, a wrongful death claim refers to a civil lawsuit for money damages resulting from the death of an individual.  Because it is a civil case, there is no criminal responsibility assigned to the at-fault party.  Instead, we assign blame in the form of negligence, and seek to recover money on behalf of those that have been harmed emotionally and financially.   Wrongful death lawsuits are availalbe for grieving families to seek justice and financial support. 

We understand that sometimes families may feel uncomfortable or perhaps even guilty about the thought of seeking money for their loss.  It is important to speak with a Florida wrongful death attorney so that you can learn about your rights and options and make informed decisions.  A Florida wrongful death claim can help a family obtain some financial security for their future after the loss of a loved one. 

Examples of Florida Wrongful Death Cases

In Florida, wrongful death cases can arise from virtually any situation in which someone else's negligence causes a death.  Some of the most common types of wrongful death cases in Florida are:
  • car accidents
  • motorcycle accidents
  • truck accidents
  • slip and fall accidents
  • defective products
  • medical malpractice 
  • nursing home negligence

Who Can Make a Wrongful Death Claim in Florida

​The Florida Wrongful Death Act, identifies the specific survivors or family members that are permitted to advance a claim for wrongful death.   In Florida, the following family members can advance claims for wrongful death damages:
  • Spouse 
  • Children
  • Parents

There are circumstances where others may be able to claim, so it is important to speak with a Florida wrongful death attorney.  

How Much Money Can You Recover in a Florida Wrongful Death Case

Family members can recover for the loss of their loved one, including compensation for expenses they have paid such as funeral and burial expenses and medical bills.  In addition, family members can claim for loss of support and services.   
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The surviving spouse may also recover for loss of the decedent’s companionship and protection and for mental pain and suffering. 

The minor children of the decedent may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering. 

Each parent of a deceased minor child may also recover for mental pain and suffering. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors.

In addition to family members, the Estate of the deceased may also recover for loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:
1. If the decedent’s survivors include a surviving spouse or lineal descendants; or
2. If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.

The damages or compensation that can be recovered in a Florida wrongful death case are complex.  Speak to an experienced Florida wrongful death attorney to learn more about your rights.

Time is Not on Your Side in a Florida Wrongful Death Case

Florida wrongful death cases have a shorter time period than other negligence claims.  In wrongful death suits, there are only 2 years within which to commence a lawsuit. It is best not to delay and get advice early.  Although you and your family need time to grieve the loss of a loved one, do not delay in speaking to a Florida wrongful death attorney. There are important steps to take early in the process to ensure that the rights of you and your family are protected. 

Andrew Iacobelli is an experienced Florida personal injury attorney who established Iacobelli Law Firm with offices in South Florida. Andrew restricts his practice to the representation of personal injury victims in claims involving serious injuries and wrongful death. 

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    Author

    Andrew Iacobelli is a Florida personal injury attorney. Andrew is also licensed to practice law in the State of Michigan and the Province of Ontario and regularly represents victims in cross-border injury claims. Andrew restricts his practice to the representation of individuals that have been seriously injured.

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  • HOME
    • About Us
  • PRACTICE
    • Wrongful Death
    • Car Accidents
    • Motorcycle Accidents
    • Truck Accidents
    • Pedestrian Accidents
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    • Premises Liability >
      • Trip and Fall Accidents
      • Slip and Fall Accidents
    • Boat Accidents
    • Medical Malpractice
    • Nursing Home Negligence
  • OUR TEAM
    • Choosing a Personal Injury Attorney
    • Andrew A. Iacobelli
  • RESOURCES
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    • FAQs
  • CONTACT
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  • Florida Personal Injury Law Blog