Attorney Blog

Pre Release Exoneration Contracts

Fri, 16 Dec 2011 08:00:00 EST

Although disfavored, exculpatory clauses that limit or exempt liability for negligence are enforceable, provided that the contract is between persons of equal bargaining power and the provisions are clear and unambiguous. A preincident release is not effective to preclude an action based on the releasee's subsequent negligence unless the instrument clearly and specifically provides for a limitation or elimination of liability for such acts. For example, a parent's pre-injury release of liability on behalf of minor child was unenforceable to exonerate the lessor of the personal watercraft from liability for injuries sustained by child in accident that occurred while minor was passenger on watercraft operated by the parent/lessee because it the release was determined to be ambiguous.

If your child is injured by a water craft or boat due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Liability arising from Consumers Failing to Read Labels

Fri, 16 Dec 2011 08:00:00 EST

A cause of action for a child’s injuries due to an ATV accident may arise if a responsible party fails to give the appropriate warnings regarding ATVs. If a third party is injured due to a consumer’s failure to read a warning label, the third party may have a cause of action against the ATV owner. For instance, if a ATV owner fails to heed a warning label that indicates that no one under the age of 16 should use the vehicle, and the owner allows a 10 year old child to ride the ATV, the owner will be held liable if the child is injured or killed as a result.

If your child is injured by an ATV due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Manufacturer's Liability to Warn of Risks

Fri, 16 Dec 2011 08:00:00 EST

A cause of action may arise if a responsible party fails to give the appropriate warnings regarding ATVs. For instance, where a manufacturer fails give an appropriate warning on an ATV that an average consumer can read and understand a failure to warn theory may be a viable cause of action. For example, if the manufacturer fails to adequately warn consumers with a readable label of the one rider requirement, the manufacturer may be held liable for a child’s resulting injuries.

If your child is injured by an ATV due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Products Liability Action | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Fri, 16 Dec 2011 08:00:00 EST

Generally, courts have applied the same principles of products liability in cases involving ATV's as they apply to cases involving other products. Thus, ATV cases have been tried under theories of strict liability, negligence, breach of warranty express or implied, and failure to warn of product dangers. Additionally, liability has been imposed or has been sought to be imposed on parties occupying various positions in the chain of manufacture or distribution of a product, including manufacturers, distributors, retailers, and others, arising out of their actionable behavior with respect to defects in ATV's.

If your child is injured by an ATV due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Defective ATV Due to Rollover Accident

Fri, 16 Dec 2011 08:00:00 EST

A cause of action may be sustained against a manufacturer of an ATV if it malfunctions or is defective in design. For instance, the parents of a child that is injured by an ATV that rollovers over may have a viable cause of action against the manufacturer of the ATV for defective design if he or she can demonstrate that the center of gravity of the ATV was designed to high, therefore, it was more likely to cause a rollover accident and result in injuries.

If your child is injured by an ATV due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Cause of Action for Backing Over a Child with a Vehicle

Fri, 16 Dec 2011 08:00:00 EST

It is estimated that backovers account for 45 percent of nontraffic crash fatalities and 20 percent of nontraffic crash injuries to children. Additionally, approximately 39 percent of backover deaths occurred at home in the driveway, an apartment parking lot or in a townhome complex. In a cause of action arising from a child being killed or injured by a driver that backs over or runs over the child, the driver that kills or injures a child may be held liable for damages arising from his or her negligence.

If your child is injured or killed by a motor vehicle, you need the knowledgeable and skilled Florida Child Injury law firm of Sharmin & Sharmin P.A. on your side. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Liability Due to Personal Floatation Device Failure

Fri, 09 Dec 2011 08:00:00 EST

It is essential for children to wear personal floatation devices when aboard a water vessel to prevent drowning in case of an accident. Under Florida law, children aged five and under must wear a type I, type II, type III, or type V personal floatation device, approved by the United States Coast Guard when aboard the deck of a water vessel. If a child is injured in a boating accident due to failing to wear an approved personal floatation device due to the negligence of the vessel operator, the operator may be held liable for failing to provide a flotation device to the child. Additionally, if the flotation device is defective or malfunctions and fails to work properly the manufacturer of the device may be held liable for products liability.

Liability for Defective Water Vessel

Fri, 09 Dec 2011 08:00:00 EST

A cause of action for an injury to a child arising from the water vessel may be due to a defect in the vessel. A products liability action may be initiated when a child is injured due to a defective vessel, such as a boat, personal water craft, or other recreational vessel. However, if there is insufficient circumstantial evidence presented to prove that the boat’s steering wheel was defective at the time it left the manufacturer and at the time of the accident, the manufacturer may not be held liable for the child’s injuries.

Cause of Action for Reckless Operating of a Personal Water Craft

Fri, 09 Dec 2011 08:00:00 EST

A cause of action for an injury to a child arising from the negligence of a personal watercraft operator may be due to the operator’s failure to use the vessel in a reasonable and prudent manner. Operators of such vessels have a duty to exercise reasonable care, and not use reckless maneuvers that may endanger life, limb, or property. A personal water craft operator should use care not to weave through congested vessel traffic, jump the wake of another vessel unreasonably or unnecessarily close to the other vessel or operate the vessel in a reckless manner.

Cause of Action for Injury to a Child due to a Boating Accident

Sat, 03 Dec 2011 08:00:00 EST

Boating accidents can occur if boaters are speeding, driving recklessly, or even driving a boat under the influence of alcohol. For instance, if a child is injured on a boat when another boat crashes into his family’s boat, the negligent boat operator may be held liable for the child’s injuries.

If your child is injured by a water craft or boat due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Cause of Action for Injury to a Child by a Personal Water Craft

Sat, 03 Dec 2011 08:00:00 EST

Personal water crafts also known as wave runners or jet skis are very popular among boating and water enthusiasts because they are fast, small, and easily maneuverable. However, Although personal water crafts are small and appear to be easy for a child to operate, they are not toys and anyone under the age of 16 should have a boating safety certificate and be accompanied by an adult over the age of 18 prior to operating such a water craft. Additionally, under Florida law, a parent's execution of a pre-injury release of liability on behalf of his or her minor child was unenforceable to exonerate lessor of personal watercraft from liability for the child’s injuries sustained in an accident that occurred while minor was passenger on watercraft operated by the parent/lessee.

Cause of Action for Injury to a Child due to a House Fire

Sat, 03 Dec 2011 08:00:00 EST

If a child is injured or tragically killed in a fire, liability can arise if the fire is caused intentionally or even unintentionally, by a third party. For instance, a cause of action may arise if an exterminator working at a homeowner’s home commences to smoke a cigarette outside of the home without the homeowner’s knowledge, and carelessly throws the cigarette into the bushes, which burns the house. If the child is injured in the fire, but is able to escape the fire, the parents’ may have a cause of action against exterminator and his or her employer for damages.

If your child is injured in a fire due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Cause of Action for Injury to a Child due to Carbon Monoxide Poisoning

Sat, 03 Dec 2011 08:00:00 EST

Carbon monoxide is a colorless, odorless, tasteless gas produced by motor vehicles, gas powered furnaces, and portable generators. It is responsible for approximately 500 deaths a year according to the Centers for Disease Control. Unintentional carbon monoxide poisoning can occur when a motor vehicle with a push button ignition is unintentionally left on. Florida law requires that carbon monoxide alarms be installed in every building that has a fossil fuel burning heater or appliance, fireplace or attached garage. Further, carbon monoxide alarms must be installed within 10 feet of each room used for sleeping. Therefore, a builder, landlord, or property owner may be held liable if he or she fails to properly install carbon monoxide monitors and a child is injured or dies as a result.

If your child is injured in a fire due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Liability for Negligent Entrustment of a Watercraft

Fri, 02 Dec 2011 08:00:00 EST

A cause of action for an injury resulting from a child being injured from a watercraft may be initiated against any person in charge or in control of a vessel who authorizes or knowingly permits the vessel to be operated by any person who, by reason of physical or mental disability, is incapable of operating such vessel under the prevailing circumstances. It is a misdemeanor of the second degree for the owner of any watercraft or any person having charge over or control of a watercraft to authorize or knowingly permit the watercraft to be operated by a person under 14 years of age. Additionally, such a person may be held liable for negligent entrustment if a child is injured as a result of his or her negligence.

Cause of Action for Firearm Injuries to Children

Sat, 26 Nov 2011 08:00:00 EST

Children are especially vulnerable for serious injury or death around guns. A responsible owner of firearms should ensure that the firearms are inaccessible to children by:

• Storing guns unloaded and locked;
• Storing ammunition in a separate location, also in a secure locked area;
• Hiding the keys to the gun and ammunition storage.

If your child is injured by a firearm, due to the negligence of another, you should consult with an experienced West Palm Beach Child Injury Lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Liability of Firearm Dealers Selling to Minors

Sat, 26 Nov 2011 08:00:00 EST

Under Florida law, it is a criminal offense for a firearm deal to sell weapons to minors. A West Palm Beach Child Injury Lawyer will advise a plaintiff that this law is intended to protect minors against the risk of shooting themselves or harming someone else. Additionally, a firearm dealer may be held strictly liable for selling a weapon to a minor who then injures a third party or his or herself. For example, if a minor uses false identification to purchase a handgun from a gun dealer, and then uses the gun to commit suicide, the family of the child may have a cause of action against the gun dealer.

If your child is injured by a firearm, due to the negligence of another, you should consult with an experienced West Palm Beach Child Injury Lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Child Injury due to a Fall from a Balcony

Sat, 26 Nov 2011 08:00:00 EST

Young children can not always appreciate the danger a balcony or ledge can pose to them. Therefore, it is up to a responsible adult such as a business owner, landowner, and landlord to safeguard dangerous balconies and ledges to prevent children from being injured or even killed. For example, a landlord of the building may be held liable for the death of a child that falls off a balcony, where the probative evidence suggests that the landlord failed to maintain that the balcony. Additionally, an owner has a duty to use reasonable safety precautions to prevent such injuries or tragic deaths around hazardous balconies, such as sufficiently high safety barriers with very little spacing.

If your child is injured by falling from a high window or other high area, due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Child Injury from a Fall from Bleachers

Sat, 26 Nov 2011 08:00:00 EST

Bleachers can be potentially hazardous, especially for young children if they are unstable or fail to be maintained in some manner. For example, if the bleachers are on a school’s property and a child falls because the bleachers are maintained poorly or hazardous in some way, the school district may be held liable. A West Palm Beach Child Injury Lawyer will advise a plaintiff that a school board has the duty to protect its students against hazardous conditions near the school site.

Cause of Action for Child Injury due to Suffocation

Fri, 18 Nov 2011 08:00:00 EST

The majority of suffocation incidents occur in the child's home. Small children especially infants may suffocate with common household items. Sixty percent of infants suffocate in the child's sleeping environment such as a crib or an adult bed. The Child Safety Protection Commission (CPSC) has issued safety guidelines and standards for child cribs, playpens, and mattresses to prevent defective products that pose a risk of suffocation or SIDS to infants. For example, the manufacturer of a defective crib mattress that poses a risk of suffocation to an infant may be liable if a child dies suddenly while sleeping on the mattress.

If your child is injured by choking, suffocation or strangulation, due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Cause of Action for Child's Injury due to Strangulation

Fri, 18 Nov 2011 08:00:00 EST

The majority of strangulation incidents occur in a young child's home. Openings that fit a small child's body, but that are too small for his or her head, can lead to entrapment and strangulation, such as bunk beds, cribs, playground equipment, and baby strollers. Manufacturer's and retailers of such products have a duty to exercise reasonable care in producing such products in order to prevent injury or death to a child.

Property Owner's Duty to Prevent Child Injury from Falls

Fri, 18 Nov 2011 08:00:00 EST

In a cause of action arising from a child being injured from a fall, a property owner may be liable for failing to exercise reasonable care in removing the danger or protecting the child. For instance, the attractive nuisance doctrine requires that a property owner use reasonable precautions to prevent a child from being injured. Additionally, in keeping a property in a reasonably safe condition, owners and occupants of the premises are only liable for foreseeable risks, and have no duty to guard against improbable or unforeseeable injuries.

Fall Injuries from Playground Equipment

Fri, 18 Nov 2011 08:00:00 EST

Falls from playground equipment can lead to broken bones, lacerations, concussions, or other serious injuries. Manufacturers and retailers of playground equipment have a responsibility to sell only safe equipment. If a child is injured due to a fall from unsafe playground equipment, which fails to meet the safety standards or is defective in any other manner, the parents of the child may initiate a cause of action for damages with the assistance of an experienced and knowledgeable West Palm Beach Child Injury Lawyer.

Fall Injury Caused by a Baby Walker

Fri, 18 Nov 2011 08:00:00 EST

Small children can fall easily when they are new to walking, and unable to judge dangerous areas around them. Infants and toddlers are especially at risk for falling when they use baby walkers that malfunction or are defective. If a child is injured due to a fall from a baby walker, which fails to meet the ASTM safety standards or is defective in any other manner, the parents of the child may initiate a cause of action for damages with the assistance of an experienced and knowledgeable West Palm Beach Child Injury Lawyer.

Storeowner's Liability for Fall on Premises

Fri, 18 Nov 2011 08:00:00 EST

Children are tempted by climbing high areas and surfaces, which can cause serious injury or even death. When children enter a store or business they may be tempted to climb shelves or other high areas that can cause serious injury if they fall. Business owners have a duty to exercise reasonable care, in preventing a child from being injured by using reasonable safety precautions to prevent a foreseeable injury.

Injury due to a Flight of Stairs or an Escalator

Fri, 18 Nov 2011 08:00:00 EST

Children may fall down a flight of stairs and escalators in stores and businesses, as well as in apartment buildings. Therefore, business owner's, landowner's, and landlord's have a duty to safeguard dangerous stairwells and escalators to prevent children from being injured or even killed. For example, a landlord may be held liable for the death of a child that falls down a flight of stairs that is negligently maintained, where the probative evidence suggests that the landlord was negligent in failing to repair a broken stair railing. Additionally, an owner has a duty to use reasonable safety precautions to prevent such injuries or tragic deaths around hazardous escalators, such as using warning pictures on the escalator to prevent young children from getting injured.

If your child is injured by falling from a high window or other high area, due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Duty of Landlord to Child Social Guest

Fri, 18 Nov 2011 08:00:00 EST

A landlord may be held liable for an injury resulting to a child tenant or a social guest of a tenant. Therefore, if a tenant invites a child guest to the premises, the tenant's invitation, express or implied, requires the tenant to keep the premise in a reasonably safe condition as if the tenant were the owner, and is prima facie liable for damages proximately caused by defects in or dangers on the premises that reasonably could have been avoided by appropriate care taken by him or her.

Intiating a Cause of Action for a Child's Injury due to Choking

Wed, 16 Nov 2011 08:00:00 EST

Small children love to explore and place whatever they find in their mouths, which can be very dangerous, and pose a choking hazard. Each year, approximately 873 children ages 14 and under die from airway obstruction injuries. The Child Safety Protection Act (CSPA) has banned any toy intended for use by children under age 3 that may pose a choking, aspiration, or ingestion hazard.

A child that is injured or dies as a result of choking on a small object or part of a toy or other consumer product that is not properly labeled may recover damages with the assistance of an experienced Florida Child Injury Lawyer such as the West Palm Beach Child Injury Lawyers of Sharmin & Sharmin, P.A. If your child is injured by choking, suffocation or strangulation, due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Municipalities Liability for Heat Related Injuries

Sat, 05 Nov 2011 08:00:00 EST

A municipality may be held liable for injuries occurring to a child during a recreational center's sports program due to heat exhaustion or heat stroke. Municipalities that offer sports, summer camps, and other outdoor activities or sports have a duty to use reasonable care in preventing heat related injuries, such as heat exhaustion or heat stroke. For instance, they should provide frequent water breaks and provide water for children that do not have enough, and allow kids to rest if they seem dehydrated or exhausted.

The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Child Injured by Heat Exhaustion or Heat Stroke | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Sat, 05 Nov 2011 08:00:00 EST

Dehydration can make a child more susceptible to a heat-related illness, such as heat cramps, heat exhaustion, or heat stroke. Heat stroke is a severe heat related condition that can be life threatening, and heat exhaustion is serious and requires immediate attention, and may also become life threatening without immediate attention. After school sports programs, summer camps, and other recreational facilities or programs that offer outdoor activities or sports have a duty to use reasonable care in preventing heat related injuries, such as heat exhaustion or heat stroke. For instance, they should provide frequent water breaks and provide water for children that do not have enough, and allow kids to rest if they seem dehydrated or exhausted.

Types of Burn Injuries

Fri, 28 Oct 2011 08:00:00 EST

The most common type of burns are thermal burns, which occur when hot metals, scalding liquids, steam, or flames come in contact with your skin. These are frequently the result of fires, automobile accidents, playing with matches, improperly stored gasoline, space heaters, and electrical malfunctions. Other causes include unsafe handling of firecrackers and kitchen accidents, such as a child climbing on top of a stove or grabbing a hot iron.

A plaintiff may initiate a cause of action arising from an injury due to a serious burn caused by the negligence of another. For example, if a child is scalded by a hot liquid and receives first and second degree burns due to a server spilling hot beverages and food on the child, the restaurant may be held liable for the child's injuries.

If your child is suffers a burn injury due to the negligence of another, you need an experienced West Palm Beach Child Injury Lawyer to fight for your child's rights. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the compensation and justice your family deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Chemical Burn injuries

Fri, 28 Oct 2011 08:00:00 EST

Chemicals may cause burns if they interact with the human skin. Chemical burns can occur when a child is injured by household chemicals. For instance, a manufacturer of household pesticides may be held liable if a child gets into the chemical and receives serious chemical burns and injuries. The manufacturer has a duty to warn consumers of the dangers of handling or mishandling the chemicals.

Burn Injuries resulting from Products Liability

Fri, 28 Oct 2011 08:00:00 EST

A plaintiff may initiate a cause of action arising from an injury due to a serious burn caused by the negligence of another. For instance, a trailer park owner was under a duty to repair defects in electrical wiring before allowing a tenant to take possession of mobile home. The tenants were required to use candles at night for purposes of illumination due to such termination of electric service, which resulted in a fire in the trailer that killed the two minor children. The court held that the plaintiff sufficiently alleged a causation to state cause of action for negligence against the trailer park owner.

Compensation for Vaccine Injuries

Fri, 21 Oct 2011 08:00:00 EST

Congress enacted the National Childhood Vaccine Injury Act (NCVIA) to stabilize the vaccine market and facilitate compensation for injuries as a result of vaccines. Unlike in tort actions, claimants under the NCVIA are not required to show that the administered vaccine was defectively manufactured, labeled, or designed. Additionally, the NCVIA preempts all design defect causes of action against vaccine manufacturers brought by plaintiffs who seek compensation for injury or death due to the vaccine's side effects.

If your child is injured due to a side effect of a vaccine you need an experienced West Palm Beach Child Injury Lawyer to fight for your child's rights. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the compensation and justice your family deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Bringing a State Court Action for Injuries resulting from a Vaccine

Fri, 21 Oct 2011 08:00:00 EST

A child injured due to a side effect of a vaccine is entitled to compensation under the National Childhood Vaccine Injury Act (NCVIA) if the injury is listed under the Act. However, a plaintiff may sustain a cause of action in negligence for administering a vaccination, instead of pursuing compensation under the NCVIA if he or she is not seeking damages for a "vaccine related injury." For instance, if a plaintiff sought a negligence claim against a pediatrician for negligently injecting a needle while administering a vaccination, and causing nerve damage to the child's sciatic nerve, the action was properly brought in state court. The rationale for not barring the action under the NCVIA is that the cause of action was not based on the physical effects of the vaccine.

Cause of Action for Child Medical Practice | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Fri, 21 Oct 2011 08:00:00 EST

A cause of action for child medical malpractice can occur during the delivery of an infant, with misdiagnosis of a child, or failure to diagnosis a child with an illness, injury, or other medical condition. Additionally, a claim can be maintained against a pediatrician for malpractice for failing to diagnosis a child with a medical condition that results in serious injury or impairment. For example, if a pediatrician fails to make a proper diagnosis in reading a child's x-ray, the child's parents may bring a cause of action for medical malpractice against the physician.

If your child is injured due to medical malpractice you need an experienced West Palm Beach Child Injury Lawyer to fight for your child's rights. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the compensation and justice your family deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Circumstantial Evidence Used to Prove a Landlord's Liability

Fri, 14 Oct 2011 08:00:00 EST

Under the Florida Residential Landlord and Tenant Act a violation may be proven by asserting that the landlord had actual or constructive knowledge of a dangerous condition, and had sufficient time to have it remedied, yet neglected to do so. A landlord's liability under the Florida law is not based on the fact that the lessor is the owner of the premises, but on the fact that the owner is the possessor of the premises, and can be held negligent just as any other possessor. Circumstantial evidence may be based on inferences from established facts, which draw the conclusion that the landlord knew of a dangerous condition and failed to remedy it in a timely manner.

If your child is injured due to the negligence of a landlord you need an experienced West Palm Beach Child Injury Lawyer to fight for your child's rights. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the compensation and justice your family deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Landlord's Failure to Disclose Latent Defects

Fri, 14 Oct 2011 08:00:00 EST

A landlord may be held liable for the injuries to a child tenant on the premises due to the landlord's negligence, which caused the injury as a result of an inherently dangerous condition. Therefore, if a landlord is aware of the hazardous condition of the premises arising from the latent defects, it is the landlord's duty to disclose the dangerous condition to the tenant, and failure to do so or concealment of the defect may constitute negligence that renders the landlord liable for resulting injuries. Additionally, a landlord who does not disclose the condition which poses an unreasonable risk of bodily harm to anyone on the premises is liable for harm caused to the tenant or others on the land with the consent of the tenant if the landlord knows of the condition and realizes the risk involved.

Landlords Duty to Remedy Inherently Dangerous Conditions

Fri, 14 Oct 2011 08:00:00 EST

If a landlord has constructive knowledge of dangerous conditions on the premises through tenant complaints, and the landlord fails to take reasonable precautions to remedy or prevent an injury from occurring to a tenant he or she may be held liable. Accordingly, in order to state a cause of action in negligence against a landlord for violation of the Florida Residential Landlord and Tenant Act, the plaintiff must prove that the landlord had actual or constructive knowledge of an inherently dangerous condition, and had sufficient time to have it remedied, yet neglected to do so.

Requirement of Knowledge of a Defective Condition

Fri, 14 Oct 2011 08:00:00 EST

In a cause of action against a landlord for liability of injuries of a child injured on his or her premises, a discharge of a duty to warn a resident of a dangerous condition, does not relieve the defendant of his or her duty to maintain the premises in a reasonably safe manner by correcting or eliminating dangers. Additionally, in a cause of action against a landlord, the landlord's liability for negligence does not require that the condition also be inherently dangerous. Moreover, intervening acts by a third party does not bar recovery against the landlord under Florida law in causes of action alleging the failure to warn of the defective condition. However, a landlord is not liable in a cause of action if he or she has no knowledge of a latent defect.

If your child is injured due to the negligence of a landlord you need an experienced West Palm Beach Child Injury Lawyer to fight for your child's rights. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

The Accidental Poisoning of Children on Medications | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Fri, 14 Oct 2011 08:00:00 EST

Children whose parents use and keep medications or drugs in their homes that may be easily accessible to children are at an increased risk of ingesting the drugs and suffering an injury or death as a result. The manufacturers and sellers of drugs and medications owe a duty to its consumers, to ensure that their products are safe for all consumers. In other words, manufacturers and sellers of such drugs may be held liable if a child is poisoned as a result of their failure to prevent a foreseeable accident. A manufacturer's duty may include packaging medications in difficult to open bottles and packages to prevent a child from ingesting and poisoning himself or herself.

If your child is injured due to an accidental poisoning of a drug or household cleaner you need an experienced West Palm Beach Child Injury Lawyer to fight for your child's rights. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Initiating A Negligence Action for A Child's Injuries from a Fireworks Display

Fri, 07 Oct 2011 08:00:00 EST

There are several people that may be responsible for a child's injury resulting from fireworks that malfunction or not handled properly. A manufacturer may be held negligent if the explosive malfunctions. Additionally, there may also be claim for negligence against the person or entity that put on the fireworks display where the child was injured. Amusement parks, public parks, and other entities that display fireworks must follow the proper safety precautions to prevent people from being injured.

If your child is injured by fireworks that you need a malfunction an experience West Palm Beach Child Injury Lawyer to fight for your child's rights. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the compensation and justice your family deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

The Statutory Defenses Against a Claim for a Child's Injury for a Dog Bite

Thu, 06 Oct 2011 08:00:00 EST

In a cause of action for a child's injury resulting from a vicious dog attack, a defendant may assert defenses to try to defend against the plaintiff's claim for recovery. For instance, if the owner of any dog that bites any person while that person is in a public place or lawfully in a private place, the owner is liable for damages suffered by the person, unless any negligence on the part of the person bitten is the proximate cause of his or her own conduct, the liability of the owner of the dog will be reduced by the percentage that the plaintiff's negligence contributed to the biting incident.

If your child is injured by a vicious dog or other animal, you need the assistance of an experienced Florida Child Injury Law Firm. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the compensation and justice your child deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Dangerous Dog Warning Sign

Thu, 06 Oct 2011 08:00:00 EST

A dog owner is not liable for a plaintiff's injuries, except as to children under the age of six, if at the time of the injury the owner had displayed in a prominent place on his or her premises a easily readable sign, including the words "bad dog." The rationale for the purpose of a "bad dog" sign, is to put a child or adult person entering the premises on notice that there is a dangerous dog on the premises. However, the sign must be posted in a prominent place and easily readable, so as to give actual notice of the risk of a bite to the victim.

Dog With Previous Vicious Propensities

Wed, 05 Oct 2011 08:00:00 EST

In a cause of action for damages resulting from a child’s injuries from a dog bite, any child injured by a vicious dog with a previous history of viciousness may be able to recover damages in a personal injury action. A dog owner can be held liable for damages for injuries caused to a child resulting from the vicious dog attack, especially if the owner had knowledge or should have known of the dog’s vicious propensities. Additionally, a defendant’s prior criminal conviction for an unprovoked attack by his or her dog will serve as evidence in a civil case that the defendant had actual knowledge of the dog’s vicious propensities.

If your child is injured by a vicious dog or other animal, you need the assistance of an experienced Florida Child Injury Law Firm. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the compensation and justice your child deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Public Entities Actual Notice of Defects on Roads

Fri, 30 Sep 2011 08:00:00 EST

In a cause of action for a child's injury resulting from a bicycle accident a municipality or governmental entity may be liable for its breach of a duty to warn and correct dangerous conditions. However, a municipality is not required to be an insurer against latent defects on roadways and pathways. Additionally, a public entity is not liable for injuries resulting from the defective condition occurring on its sidewalks or streets, unless it has actual notice of the defect, or if the facts were such that notice of the condition might have been reasonably inferred. Moreover, prior accident evidence is relevant to prove notice, as well as testimony that proves that the public entity had notice of the defect prior to the accident.

The Florida Child Injury Lawyers of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a defective roadway. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Evidence Shows Defects in the Road are the Proximate Cause of the Child's Injury

Fri, 30 Sep 2011 08:00:00 EST

In a cause of action for a child's injury resulting from a bicycle accident against a municipality or governmental entity, there must be a proximate cause between the defect and the child's injury as a result of the defect in the roadway or pathway. Additionally, where two causes combine to produce an injury, both of which by nature are proximate causes, the one being a defect in a city street and the other some accident for which neither party is responsible, the city may nonetheless be held liable.

Non-Owner Liability

Fri, 30 Sep 2011 08:00:00 EST

In a cause of action for liability caused by a dog bite to a child, insulation from the dog-bite liability provided to a dog owner through compliance with the dog bite statute does not extinguish the possibility of pursuing the nonowner who can be linked to the dog. Therefore, where a non-owner of a dog that attacks a child has knowledge of the dog and its vicious propensities, he or she may be held liable for failing to exercise reasonable care and precautions to prevent the attack.

If your child is injured by a vicious dog or other animal, you need the assistance of an experienced Florida Child Injury Law Firm. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the compensation and justice your child deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

The Burden of Proof on the Plaintiff

Thu, 29 Sep 2011 08:00:00 EST

In an action against a municipality to recover damages for injuries to a child on a bicycle sustained as a result of the defective condition of sidewalks, the burden of proof is on the plaintiff. Therefore, the plainiff must prove that the local government agency was responsible for the child's injuries. Additionally, if the plaintiff relies on circumstantial evidence to establish that the municipality had notice of a defective condition in its streets, the inference of the notice must outweigh all of the contrary inferences to such an extent as to amount to a preponderance of all the reasonable inferences that might be drawn from the same circumstances.

Effect Of Duration of Defective Roadways Existence

Wed, 28 Sep 2011 08:00:00 EST

In a claim for negligence against a municipality for an injury to a child for injuries sustained in a bicycle accident on a defective roadway, the local government's failure to keep its streets and pathways in a reasonably safe condition, a plaintiff must prove that the local government knew or had a reasonable cause to know of the defective condition. However, while a municipality is responsible for damages resulting from a defect which was in existence for so long that a reasonable inspection would reveal it, the local government entity is entitle to summary judgment where it had no actual or constructive notice of the defect.

The Florida Child Injury Lawyers of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a defective roadway. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Is a City Liable for Failing to maintain the Roadways?

Fri, 23 Sep 2011 08:00:00 EST

In a cause of action for a child's injury resulting from a bicycle accident a municipality or governmental entity may be liable for its breach of a duty to maintain roadways and pathways properly. However, under certain circumstances a sovereign immunity exists, unless the immunity is waived or an action is exempt from the immunity. Accordingly, although the overall plan of a road or highway may be a planning level decision immune from liability the department may waive sovereign immunity, and be held liable at an operational level where it creates a known dangerous condition. The governmental immunity does not bar liability of actions occurring on the operational level. Additionally, liability may arise from the planning level decision when that decision creates a hidden trap. Therefore, a duty arises to warn the public and protect the public of the known danger.

Governmental Entity's Duty to Warn or Fix Hazards on Roadways or Pathways

Fri, 23 Sep 2011 08:00:00 EST

A municipality or public entity which owns, operates, or controls a roadway owes a duty to warn and correct dangerous conditions. The failure by a governmental entity to warn of a known danger, like a dangerous curve, is a negligent omission at the operational level of government and may serve as the basis for an action. The failure by a governmental entity to warn of a known danger is a negligent omission at the operational level of government and may serve as the basis for an action. For instance, a municipality has a duty to keep the streets in proper condition, which may be breached either by allowing the street to become defective or allowing it to be obstructed.

A Negligence Action Arising from a Defective Bicycle Injury to a Child

Thu, 22 Sep 2011 08:00:00 EST

When a products liability action is based on negligence, the plaintiff must prove that the defendant deviated from the accepted standards of conduct in its action or failure to act. In contrast to a cause of action for strict liability, the manufacturer or retailer's conduct is at issue, and liability of such a defendant is determined by his or her fault. Therefore, under a negligence theory the plaintiff prove that the defendant manufacturer, distributor, or seller failed to exercise due care. This generally includes a duty to design the bicycle so that it will fairly meet any "emergency of use" that reasonably can be anticipated. However, this does not include a duty to design a product so as to render it wholly incapable of producing injury.

The Florida Child Injury Lawyers of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a defective bicycle. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Establishing a Cause of Action for a Defective Toy

Fri, 16 Sep 2011 08:00:00 EST

In a cause of action involving an injury to a child caused by toys, the general principles which govern a cause of action based on a toy manufacturer, wholesaler, or retailer's liability may arise from a claim of negligence, breach of warranty, or strict liability. However, regardless of the underlying theory of liability, a cause of action may be characterized by claims that there was a failure to warn of the dangers of a particular toy, that the toy was defective, that the toy was inherently dangerous and should not have been marketed to children, and that the sale of a particular toy violated a statute
or ordinance.

If your child is injured due to a hazardous or defective toy you need a Florida Child injury lawyer that is experienced and capable of handling such a case. The Florida Child Injury Lawyers of Sharmin and Sharmin P.A. have handled numerous child injury cases involving defective toys. We will work tirelessly to recover all compensation and damages your child and family deserves for an injury due to a defective toy. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Stating a Negligence Claim for damages Caused by a Defective Toy

Fri, 16 Sep 2011 08:00:00 EST

In order to establish a negligence claim for an injury resulting to a child arising from defective manufacturing of toys, the plaintiff must prove not only that the product was defective, but also that the defendant was negligent. Therefore, under a negligence theory the plaintiff must bear the extra burden of proving that the defendant manufacturer, distributor, or seller failed to exercise due care. Accordingly, manufacturers, distributors, marketers, and sellers have a duty to exercise ordinary, reasonable care to design a product that is safe.

The Florida Child Injury Lawyers of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a defective bicycle. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Strict Liability Claim for a Child's Injury arising from a Defective Toy

Fri, 16 Sep 2011 08:00:00 EST

In a strict products liability action for a defective toy, some of the relevant inquiries which are pertinent are:

The defendant's prior possession of the defective product; and

Whether the entity that placed the product in the stream of
commerce was in a position to control the risk of harm that
the product might cause once it is put into the stream of
commerce or either created or assumed risk of harm for the
defective product.

Additionally, where a defendant's prior possession of the product is at issue, the court should consider the relationship of the manufacturer, as well as others in the chain of distribution, which includes retailers, wholesalers, distributors and lessors, in determining whether to impose strict liability.

The Florida Child Injury Lawyers of Sharmin and Sharmin P.A. have handled numerous child injury cases involving defective toys. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Cause of Action for Design Defect | Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Fri, 16 Sep 2011 08:00:00 EST

A claim may arise from a product with a defective design when the foreseeable risks of harm posed by the product could have been reduced or avoided by the adoption of a more reasonable design by the seller or other distributor, or a predecessor in the commercial chain of distribution, and the failing to use the alternative design renders the product unreasonably unsafe. Under certain circumstances, a supplier of defective toys may be held liable under a negligence theory even where the supplier cannot be held liable under a strict liability claim. Accordingly, strict liability and negligence actions are not mutually exclusive because a plaintiff's injuries may result in claims that can be established either under principles of strict liability or negligence, thus failure to prove one theory does not preclude proving the other.

The Florida Child Injury Lawyers of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a defective bicycle. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Establishing a Cause of Action for a Child's Injury by a Defective Bicycle

Fri, 16 Sep 2011 08:00:00 EST

A products liability action may be initiated when a child is injured by a bicycle that is defective or malfunctions. A prima facie case of products liability negligence, similar to an action for common law negligence, requires some evidence that the defendant breached a duty that actually and proximately caused the plaintiff's injury. The plaintiff also must establish that the product was defective or unreasonably dangerous. Therefore, before a manufacturer may be held liable for negligence arising from a defective bicycle,it is necessary that it be shown that there was actually something wrong with the bicycle; that is, it must be defective or dangerous. Additionally, the plaintiff must establish that the product that allegedly caused his or her injury wasmanufactured or sold by the defendant.

The Florida Child Injury Lawyers of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a defective bicycle. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Amusement Place Owner's Duty to Warn of Defective Conditions

Fri, 09 Sep 2011 08:00:00 EST

In a cause of action for liability occurring in a place of amusement,the operator of an establishment does not have an absolute liability, that is, he or she must have actual or constructive knowledge of any risk to the patron before liability will lie, and the operator's knowledge of the danger must be superior to that of the invitee. Therefore, a duty to warn arises only where the dangerous condition is not obvious. On the other hand, an owner's duty when dealing with a child invitee is higher then with an adult invitee because a child does not have the knowledge or maturity to necessarily be aware or understand all of the risks.

If your child that has been injured at an amusement place or park due to the negligence of the operator, you should consult with an experienced West Palm Beach child injury lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

What Constitutes a Dangerous Condition in an Amusement Place?

Fri, 09 Sep 2011 08:00:00 EST

Under Florida law, those conditions that are considered so common and ordinarily innocuous are held as a matter of law not to constitute a hidden dangerous condition. However, if there is an issue of whether a condition is truly open and obvious, it will be determined by a trier of fact.

If your child that has been injured at an amusement place or park due to the negligence of the operator, you should consult with an experienced West Palm Beach child injury lawyer. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Circumstantial Evidence to Support Cause of Action for Defective Car Seat

Fri, 09 Sep 2011 08:00:00 EST

In a cause of action for injury due to a defective or malfunctioning child safety seat the product is not always available after an incident causing an injury. However, sufficient evidence will support a finding against the car seat manufacturer where the only fair inference from the evidence is that the injury occurred in the manner alleged by the plaintiff. Therefore, a malfunction or defect in a child safety restraint system may be proven by direct or circumstantial evidence. However, design defects, in products liability actions, must be proven by expert testimony.

The Florida Child Injury Lawyers of Sharmin and Sharmin P.A. have handled numerous child injury cases involving defective child restraint systems. We will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a negligent motorist. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

The Cassisi Inference

Fri, 09 Sep 2011 08:00:00 EST

In a cause of action for a defective child's car seat, when the car seat malfunctions during normal operation, a legal inference is created that the product was defective at both the time of injury and the time of sale, or at the time it was within the control of the manufacturer or retailer. In order to establish a Cassisi inference a plaintiff needs to prove the facts essential for the application proof of the malfunction during the normal operation of the product.
However, it is not required that the defect be pinpointed with specificity, for a plaintiff to be afforded a legal inference of product defect.

Manufacturer's Defense of Improper Use by Parents

Fri, 09 Sep 2011 08:00:00 EST

Many car seat manufacturers use this defense of placing the blame on parents for improper installment of the car seat, but the federal government has recalled numerous car seats for serious defects. If your child has been injured by a defective car seat, you need an experienced and skilled Florida Child Injury Lawyer to ensure that the manufacturer is held responsible for your child's injuries.

The Florida Child Injury Lawyers of Sharmin and Sharmin P.A. have handled numerous child injury cases involving defective child restraint systems. We will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a negligent motorist. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Liability of Amusement Place Proprietor Based on a Third Party's Actions

Thu, 08 Sep 2011 08:00:00 EST

A proprietor or owner of a place of amusement may be held liable for injuries resulting to a child from the acts or conduct of other patrons and of third persons that could have reasonably been anticipated and guarded against. However, the proprietor ordinarily is not liable for accidental injuries caused by boisterousness or horseplay of other patrons and third persons, intoxication of another patron, or other such conduct unless he or she has actual or constructive notice of the condition or situation and fails to take steps to protect the patron.

Exemptions from Playground Liability

Thu, 01 Sep 2011 08:00:00 EST

In a cause for negligence arising from a child's injury in a park or playground there are some exceptions to holding a park owner liable. For instance, an owner or lessee who provides the public with a park area for outdoor recreational purposes on which no commercial or other activity for profit is conducted, owes no duty of care to keep that park area safe for use or to give a warning to persons entering or going on that area of any hazardous conditions, structures, or activities thereon. Additionally, this exemption from liability applies to water area leased to the state for "outdoor recreational purposes," which includes but is not limited to: hunting, fishing, swimming, boating, camping picnicking, hiking, pleasure, driving, nature study, water skiing, and motorcycling.

he experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover for the injured child the compensation and justice he or she deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

School's Duty to Warn About Toxic Substances

Wed, 31 Aug 2011 08:00:00 EST

A school board has the duty to protect its students against hazardous conditions near the school site. In a situation where the school may be exposed to toxic substances used in the construction, repair, or maintenance of educational facilities, the contractor hired by the school district must notify the school district superintendent or public postsecondary institution president in writing at least three working days prior to using the substance. The notification must contain the name of the toxic substance used, where the substance is used, and when the substance will be use.

The West Palm Beach Child Injury law firm of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury due to the school's failure to supervise. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

The School's Duty to Protect it's students from Hazardous Conditions

Mon, 29 Aug 2011 08:00:00 EST

When a school board discovers or is aware of an existing hazard on or near a public sidewalk, street, or highway within a two-mile radius of a school campus and the hazard endangers the life or threatens the health or safety of students who walk, ride bicycles, or are transported regularly between their homes and the school in which they are enrolled, within a specified time after discovering the condition. Additionally, the school board has a duty to report a hazardous condition to the governmental entity within the jurisdiction of which the hazardous condition and the school is located.

Duty of School to Protect Against Assaults

Fri, 19 Aug 2011 08:00:00 EST

In a cause of action for the injury to a child during school or a school related activity, a school's duty to adequately supervise its students, may be breached by its failure to provide a student with security against an assault by a stranger on school grounds. herefore, a school board has a duty to protect its students from assaults by other students, and a school board is not relieved of its duty to supervise its students or liability for the failure to meet such duty where an assault is made by one student on another, on the theory that the injured student's injuries were caused by the intervening and intentional act of the student causing the injury. Additionally, a school board has a duty to protect teachers and other school personnel from assaults by students and non-students alike.

A School Board's Duty to Supervise

Thu, 18 Aug 2011 08:00:00 EST

In a cause of action for the injury to a child during school or a school related activity, a school board generally has no sovereign immunity defense for the negligent performance of an operational duty. Generally, the school or school board has a statutory duty to supervise the students under their care and control. Accordingly, a school breaches its duty to provide adequate supervision to its students when it provides no supervision. Therefore, a school official or teacher breaches that duty, and may expose the school to liability for any reasonably foreseeable injuries caused by the failure to use ordinary care.

School's Duty to Supervise Student's Transportation

Thu, 18 Aug 2011 08:00:00 EST

In a cause of action for the injury to a child during school or a school related activity, school boards are liable for tort actions arising out of any incident or occurrence involving a school bus or other motor vehicle owned, maintained, operated, or used by the district school board to transport students. School officials and teachers must carry out their duty to supervise by using the degree of care that a person of ordinary reasonable care, charged with the duties involved, would exercise under the same circumstances. A school board's control over a student, extends from when a school bus picks up the student at a bus stop, to when the student is left at the school door. Thus, if a student is injured before reaching a designated school bus stop, or after leaving one, that student is outside the school board's duty of care because the board's duty stems from the fact of its physical custody of its students.

The Driver's Duty to Child Pedestrians as a Issue for the Jury

Fri, 12 Aug 2011 08:00:00 EST

The question of whether or not a motorist has exercised reasonable care in driving in areas often frequented by children is an issue for a jury to determine. Therefore, it is usually reversible error if a court does not submit the question of negligence to a jury. However, where the evidence discloses that the driver was not exceeding the speed limit, was cautiously looking out for children, and applied the brakes and tried to divert to one side once he or she saw a child, the evidence may be insufficient to submit to the jury regarding the driver's liability.

The West Palm Beach Child Injury law firm of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a negligent motorist. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Liability for Failing to Buckle a Child

Fri, 12 Aug 2011 08:00:00 EST

Although the violation of the statute requiring the use of seat belts does not constitute negligence per se and may not be used as prima facie evidence of negligence or be considered in mitigation of damages, such a violation may be used as evidence of comparative negligence in a civil action. Additionally, in a cause of action for personal injury to a child in a motor vehicle, a child's legal guardian could bring a negligence action against the driver of a vehicle for failing to exercise reasonable care in allowing the child to ride in the vehicle without wearing a seatbelt.

The Driver's Duty to a Passenger

Thu, 11 Aug 2011 08:00:00 EST

The owner of a motor vehicle owes a passenger the duty of exercising ordinary or reasonable care to avoid causing injury to the guests, especially to children. Therefore, the owner of the motor vehicle owes passengers the duty of exercising the care that an ordinarily prudent person would exercise in the operation of a dangerous instrumentality such as a motor vehicle. In the absence of a statute requiring a showing of gross negligence before liability may be imposed on the driver of a motor vehicle, an action for injuries of a child passenger may be maintained on the basis of simple negligence.

Driver Exercising Reasonable Care

Tue, 09 Aug 2011 08:00:00 EST

A driver has a duty to use reasonable care, regardless of whether he or she is backing, starting, or proceeding ahead. A driver may be liable, even if the motorist never observed the child before the accident, where the evidence indicates that the driver should have anticipated the presence of children. However, a driver will not be held liable for negligence if he or she did not know or had no reason to know that children were present in the area.

If your child is injured or killed by a motor vehicle, you need the knowledgeable and skilled Florida Child Injury law firm of Sharmin & Sharmin P.A. on your side. The West Palm Beach Child Injury law firm of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to a negligent motorist. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Duty of a Driver to a Child Pedestrian

Wed, 03 Aug 2011 08:00:00 EST

In Florida, the driver of a motor vehicle has the duty to exercise reasonable, ordinary, and proper care for the safety of children when he or she knows of the presence of children near the street or highway when he or she should know that children may reasonably be expected to be in the vicinity. Therefore, adult drivers are held to a very high degree of care, especially in situations where children are known to be present.

Swimming Pool Owner's Duty to Fence the Pool

Sat, 30 Jul 2011 08:00:00 EST

Under Florida statute the owner of a residential swimming pool must meet the statutory barrier requirements to pass a final inspection and receive a certificate of completion. The barrier must contain the following characteristics:

The barrier must be at least four feet high on the outside;

The barrier may not have any gaps, openings, indentations, protrusions, or structural components that could allow a young child to crawl under, squeeze through, or climb over the barrier.

The barrier must be placed around the perimeter of the pool and must be separate from any fence, wall, or other enclosure surrounding the yard unless the fence, wall, or other enclosure is situated on the perimeter of the pool, is being used as part of the barrier, and meets the barrier requirements.

The barrier must be placed sufficiently away from the water's edge to prevent a young child who may have managed to penetrate the barrier from immediately falling into the water.

Failure to comply with the statutory requirements may result in a cause of action for negligence.

The West Palm Beach Child Injury law firm of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to drowning in a swimming pool or other artificial body of water. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Violation of Pool Safety Ordinances by Property Owner

Sat, 30 Jul 2011 08:00:00 EST

A cause of action for a swimming pool accident involving a child may arise from the violation of an ordinance requiring a self-closing and self-latching gate around a pool by a property owner, which is negligence per se and does not result in strict liability. However, The statute requiring that all new residential swimming pools, spas, and hot tubs be equipped with at least one specified pool safety device is not applicable to hold a property owner liable for a child drowning, where the pool is installed before the effective date of the statute. Additionally, a county building code requiring proper door locks is inapplicable for property owner's that own single family homes or duplexes. Thus, such a property owner will not be held liable for negligence of a child drowning under the county building code.

The West Palm Beach Child Injury law firm of Sharmin and Sharmin P.A. will work tirelessly to recover all compensation and damages your child and family deserves for an injury or death due to drowning on someone else's property. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

The Property Owner's Knowledge of the Risks and Danger to Children

Thu, 28 Jul 2011 08:00:00 EST

Under the attractive nuisance doctrine a property owner is only required to warn all trespassers including children of any known dangers that are not easily discoverable by ordinary observation. However, if a landowner had no knowledge of a condition on his or her property being a potential danger to children, he or she will not be held liable for injury to the child.

If your child has been injured on a business premises due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. The experienced and knowledgeable Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will fight to recover the compensation and justice your family deserves. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

The Risk to Children of Property Owner's Failure to Prevent or Warn of Dangers

Wed, 27 Jul 2011 08:00:00 EST

Under Florida law, an essential element of the attractive nuisance doctrine is that the burden of eliminating the dangerous condition on the landowner's property is slight compared to the risk to children. Additionally, where all the elements of an attractive nuisance exist, the property owner must exercise reasonable care in removing the danger or protecting the child. For example, if the defendant post warning signs, but the child can not appreciate or understand them because of his or her age, negligence may still be imputed on the property owner. However, the attractive nuisance doctrine does not require a property owner to be the insurer of safety of children, but requires only that the owner take reasonable precautions to prevent injury to them.

If your child has been injured on a business premises due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

The Liability of an Elevator Owner

Fri, 22 Jul 2011 08:00:00 EST

The owner or operator of an elevator or escalator owes a duty of reasonable care so as not to injure an invitee through the use and operation thereof. For example, where the evidence proves that a child was injured by falling into an open elevator shaft of a hotel, and the child was not a mere licensee but an invitee, the law imposed upon the defendant a duty to exercise ordinary care for the safety of the child by providing a safe exit instead of a dangerous open elevator shaft. However, in the case of a child that is considered a licensee, the owner or operator of an elevator or escalator owes only a limited duty to warn of known dangers and refrain from wanton negligence and willful misconduct.

If your child has been due to the negligence of a business owner, you should consult with the experienced West Palm Beach Child Injury lawyers of Sharmin & Sharmin P.A. call 1-800-74-TRIAL.

Duty of Property Owner to Child Licensee

Fri, 22 Jul 2011 08:00:00 EST

A business owner owes a limited duty to a child who enters onto the premises for his or her own convenience, pleasure, or benefit with the owner's permission. The owner's duty to a child licensee is to warn the child of known dangers and refrain from wanton negligence and willful misconduct. However, if the danger is open and obvious, then there is no duty to warn, even with respect to a child. Additionally, an owner's actions that would not be considered to be a breach of a duty toward an adult licensee may be considered a willful and wanton act of negligence toward a child licensee since the immaturity of a child may cause a child to be less observant then an adult with respect to dangerous conditions.

If your child has been due to the negligence of a business owner, you should consult with the experienced West Palm Beach Child Injury lawyers of Sharmin & Sharmin P.A. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

The Attractive Nuisance | Liability of a Property Owner

Fri, 22 Jul 2011 08:00:00 EST

Under the attractive nuisance doctrine a property owner is required to warn all trespassers including children of any known dangers that are not easily discoverable by ordinary observation. A property owner is at risk for liability for a child trespasser's injuries if:

The property owner knows or has reason to know that the place where the dangerous condition exists is one where children will likely trespass;

The dangerous condition is known or should be known to cause an unreasonable risk of bodily harm to children;

The age of the child may cause a child to be less observant then an adult with respect to dangerous conditions and the risks involved in intermeddling with it or in coming within the area dangerous by it;

The burden of eliminating the danger is slight compared to the risk posed by it to children;

The property owner fails in his or her duty to exercise reasonable care in removing the dangerous condition.

If your child has been injured on a business premises due to the negligence of another, you should consult with an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

The Enticing Dangers | The Attractive Nuisance Doctrine

Fri, 22 Jul 2011 08:00:00 EST

Under the attractive nuisance doctrine, a property owner will only be held liable where the child was either lured or attracted onto the property by the dangerous condition that caused the resulting injury to the child. However, not every condition that may be considered attractive to a child will be considered sufficiently alluring to constitute an attractive nuisance doctrine. Additionally, the rule requiring that a child be lured onto the property by the dangerous condition, also applies to a concealed danger operating in connection with a condition on the property, both of which contributed to the child's injury. In other words, if the condition attracting the child onto the premises has a concealed dangerous condition, the doctrine applies.

If your child has suffered an injury on someone else's property due to their negligence, you should consult with an experienced West Palm Beach child injury lawyer. Call the West Palm Beach Child Injury Lawyers of Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Children as Business Invitees

Wed, 20 Jul 2011 08:00:00 EST

A business owner owes a child invitee a duty of reasonable care. Where a child accompanies another person who enters a store for the purpose of a business transaction, the child is considered an invitee, regardless of whether the business dealings have a direct connection with the child. Additionally, a child who is a social guest of the property owner is also considered to be an invitee. A business owner who invites children to enter his or her business premises is required to exercise a relatively higher degree of care for children invitees than what is required for adult invitees. Therefore, a business owner who fails to exercise reasonable care in regard to a child invitee may be held liable for negligence for a premises liability action.

If your child that has been injured on a business premises due to the negligence of another, you should consult with the knowledgeable and experienced Florida Child Injury Lawyers of Sharmin & Sharmin P.A., call 1-800-74-TRIAL.

Establishing a Claim for Birth-Related Neurological Injury

Fri, 15 Jul 2011 08:00:00 EST

Florida's Birth-Related Neurological Injury Compensation Association (NICA) plan provides no-fault compensation for birth-related neurological injuries to infants. Under NICA, a cause of action for a birth related neurological injury the plaintiff must establish that the infant suffered both a substantial mental and physical impairment. Accordingly, a "physical impairment" refers to an infant's motor abnormalities or impairment of his or her physical functions, which along with the brain injury significantly affect the child's mental abilities to the extent that the infant will not have sufficient cognitive capabilities to develop adequate learning or social development.

The Florida Child Injury Lawyers of Sharmin & Sharmin P.A. will work hard to recover the much needed compensation a child with a devastating birth related neurological injury deserves. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind.. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

A Child Plaintiff's Claim for Prenatal Injuries

Fri, 15 Jul 2011 08:00:00 EST

A child is entitled to a judgment for damages resulting from prenatal injuries against a tortfeasor based on that party's percentage of fault. A parent may not recover for damages that are personal to the child, such as the child's personal injuries, pain, disfigurement, and disability. The child must bring a cause of action for such damages through a guardian or next friend.

Under Florida's born alive doctrine, a child born alive that suffered prenatal injuries at any time after conception, has a claim against an alleged tortfeasor. Additionally, there is a relation back to the time of injury in order for the child to initiate his or her cause of action.

A cause of action for prenatal injuries can be complex, expensive, and an emotionally charged action. Our experienced team of lawyers and staff will use their skills and knowledge to give your family justice and peace of mind. You need an experienced West Palm Beach child injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Parent's Damages for Prenatal Injuries to a Child

Fri, 15 Jul 2011 08:00:00 EST

The parent or guardian of a minor child suffering from prenatal injuries resulting from the tortious acts of another may have a cause of action in his or her own name for medical and related expenses, as well as any indirect economic losses. Additionally, a parent's damages may include the parent's right to a child's custody and companionship, and a right to the child's services and earnings. However, some exceptions to recovery for the parents are when the child is not a minor, is self-supporting, or the parent did not pay any of the child's medical expenses.

Establishing a Wrongful Birth Claim

Sun, 10 Jul 2011 08:00:00 EST

Birth defects are a major cause of mortality in Florida's children and contribute substantially to long-term disability. A wrongful birth claim may be initiated to recover damages for the extraordinary expense of caring for an impaired child or handicapped child. A wrongful birth claim is not effected by the impact rule, which normally limits the recovery of damages for emotional distress. Therefore, the impact doctrine may not be applied within the context of wrongful birth claims. Additionally, an expectant mother and father may recover damages for a stillbirth caused by the negligent act of another, and the impact rule may not be used to limit damages. Accordingly, the expectant father's presence at the birth of a stillborn child is not a prerequisite to recovery.

A cause of action for wrongful birth can be complex, expensive, and an emotionally charged action. You need an experienced West Palm Beach child injury lawyer, call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Establishing the Elements for a Slip and Fall Claim

Mon, 27 Jun 2011 08:00:00 EST

In any civil action for negligence involving loss, injury, or damage to a business invitee as a result of a transitory foreign object or substance on the premises, in proving that a person or entity in possession or control of the business premises acted negligently by failing to exercise reasonable care, in the maintenance, inspection, repair, warning, or mode of operation of the business premises, actual or constructive notice of the transitory foreign object or substance is not a required element of proof to this claim. Rather, a rebuttable presumption is created that the premises owner did not maintain the premises in a reasonably safe condition. Therefore, once a plaintiff has established that he or she fell as a result of a transitory foreign substance, a rebuttable presumption of negligence arises.

A cause of action for a slip and fall may have many complex issues. Therefore, you should consult with an experienced West Palm Beach personal injury lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Slip and Fall Arising from Steps and Stairways

Mon, 27 Jun 2011 08:00:00 EST

Where a step is improperly constructed or contains a hidden defect of which the owner or possessor of the premises was aware or should have become aware in the exercise of reasonable care for the safety of the customers, an action for slip and fall may be maintained. For instance, the violation of a local ordinance requiring steps or stairs to be equipped with handrails can be considered as evidence of a building owner's negligence in a personal injury action arising when an invitee falls down the steps at the building entrance. A West Palm Beach personal injury lawyer will advise a plaintiff that the fact that a person falls down stairs is not sufficient in itself to give rise to liability. However, evidence of notice or lack of notice offered by any party may be considered together with all of the evidence. Therefore, genuine issues of material fact will preclude summary judgment as to whether a plaintiff's fall in a stairwell was the result of his or her own negligence or the negligence of the property owner or occupant.

Validity of Signatures

Thu, 23 Jun 2011 08:00:00 EST

In an action with respect to the authenticity of an instrument or the authority to make it, each signature on the instrument is admitted unless specifically denied in the pleadings. This statutory provision requiring a specific denial of the pleadings allows the plaintiff to have notice of the defendant's defense of lack of authority or forgery as to the particular signature plaintiff. The burden of establishing the validity is on the person claiming validity, but the signature is presumed to be authentic and authorized, unless the action is to enforce the liability of the purported signer and the signer is dead or incompetent at the time of the trial.

A cause of action for collecting a worthless check, draft or order of payment may have many complex issues. Therefore, you should consult with an experienced West Palm Beach collections lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Liability of an Agent for a Worthless Check

Mon, 20 Jun 2011 08:00:00 EST

In a civil action involving a worthless check, where an agent signs the name of the represented person as the drawer of a check without indication of the representative status, and the check is payable from an account of the represented person who is identified on the check, the signer is not liable. The signer is not liable provided his or her signature is an authorized signature of the represented person. In general, all checks used today are in a personalized form and identify the person whose account the check is drawn from. However, in a worthless check claim both a corporate principal and the representative may both be held liable, if a representative's personal obligation on the checks is established, the agent may be held personally liable.

Triple Damages in an Action for a Worthless Check

Tue, 14 Jun 2011 08:00:00 EST

In a lawsuit for treble damages against the drawer for issuing a worthless check, the payee is entitled to three times the value of the worthless check, in addition to the face amount of the check. However, the statute is only applicable to checks or other instruments that have been validly delivered to a payee. On the other hand, a maker of a worthless check is not entitled to a defense of a conditional delivery with respect to a vendor's worthless check action where the check was not given to the vendor subject to some condition precedent.

The Obligations of a Drawer

Sat, 11 Jun 2011 08:00:00 EST

The drawer is obliged to pay the draft according to the following:

The terms of the draft at the time it was issued or, if not issued, at the time it first came into possession of a holder; or

If the drawer signed an incomplete instrument, according to its terms when completed, to the extent stated in the provision governing an incomplete instrument and the provision governing alteration.

The drawer or maker owes the obligation to any person entitled to enforce the draft or to an indorser who paid the draft pursuant to Florida Statute § 673.414 (2), which governs the obligation of an indorser. However, this statutory provision does not apply to cashier's checks or other drafts drawn on the drawer.

A cause of action for collecting a worthless check, draft, or order of payment may have many complex issues. Therefore, you should consult with an experienced West Palm Beach collections lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Signature of an Obligor

Sat, 11 Jun 2011 08:00:00 EST

A person will not be held liable on an instrument unless:

The person signed it; and

The person is represented by an agent or representative who signed the instrument and the signature is binding on the person represented.
However, it is not necessary that the name of the obligor appear on the instrument, as long as there is a signature that binds them.

A cause of action for collecting a worthless check, draft or order of payment may have many complex issues. Therefore, you should consult with an experienced West Palm Beach collections lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Breach of Fiduciary Duty | Instrument Payable to Represented Person

Sat, 11 Jun 2011 08:00:00 EST

An action for breach of fiduciary duty can occur in the case of an instrument payable to a represented person or fiduciary. For in instance, in a case of an instrument payable to the represented person or fiduciary, the taker has notice of the breach of fiduciary duty if the instrument is:

Taken in payment of, or as security for, a debt known by the taker to be a personal debt of the fiduciary;

Taken in a transaction known by the taker to be for the personal benefit of the fiduciary; or

Deposited to an account other than an account of the fiduciary, as such, or an account of the represented person.

A cause of action for breach of a fiduciary duty may have many complex issues. Therefore, you should consult with an experienced West Palm Beach business lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

The Joint and Several Liability of Indorsers

Fri, 10 Jun 2011 08:00:00 EST

In a civil action for collection of a promissory note, indorsers are usually not considered to be jointly and severally liable. Rather, indorsers are liable in the order in which they sign. However, there are two instances in which indorsers are presumed to be jointly and severally liable. First, if an instrument is payable to two payees jointly, both payees must indorse, and the indorsement is considered a joint indorsement. Therefore, the indorsers will have joint and several liability. Second, is a situation where there are two or more anomalous indorsers. An anomalous indorsement normally indicates that the indorser signed as an accommodation party. Therefore, if more than one accommodation party indorses a note as an accommodation to the maker, the indorsers have joint and several liability.

Joint and Several Liability

Fri, 10 Jun 2011 08:00:00 EST

In an action for collection of a promissory note, two or more persons who have the same liability on an instrument as makers, drawers, acceptors, indorsers who indorse as joint payees, or anomalous indorsers are jointly and severally liable in the capacity in which they sign, except as otherwise provided in the instrument. Generally, indorsers are not jointly and severally liable, rather, indorsers are liable in the order in which they sign. However, there are two instances in which indorsers are presumed to be jointly and severally liable:

Copayees who indorse an instrument are jointly and severally liable unless one payee is accommodating the other payee, or they agree to joint and several liability.
Persons who sign as anomalous indorsers for the purpose of accommodating the maker are jointly and severally liable, unless one anomalous indorser is acting as a sub-surety for the other anomalous indorser.

The Liability of Indorsers

Fri, 10 Jun 2011 08:00:00 EST

30 Day Mandatory Notice Period

Thu, 09 Jun 2011 08:00:00 EST

In a civil action for collection of a worthless check, a plaintiff or payee may initiate the lawsuit if the maker of the check fails to pay the amount owed within 30 days of a written demand by the payee to the maker or drawer of the worthless check Under Florida law, the 30 day notice period is mandatory. Additionally, a check maker is liable under the statute only if the payment has been stopped on a check and the maker intended to defraud the payee, and the maker fails to pay the amount within 30 days of the written demand. Additionally, a check maker is liable under the statute only if the payment has been stopped on a check and the maker intended to defraud the payee, and the maker fails to pay the amount within 30 days of the written demand.

Establishing the Elements for Collection of a Worthless Check Action

Wed, 08 Jun 2011 08:00:00 EST

To establish a cause of action for collection of a worthless check, draft or order of payment, the plainiff must prove:

The payment was refused by the drawee because of a lack of funds, credit, or an account or where the maker or drawer stops the payment of the check to defraud the payee;

The maker of the check fails to pay the amount owed within 30 days of a written demand;

The plaintiff or payee may recover the face value of the check and triple the amount of the face value of the check; and

The damages may not be less than $50.

Further, in addition to an action for the worthless check collection, a plaintiff may assert a cause of action for a breach of the contract, which the check was intended to compensate.

A cause of action for collecting a worthless check, draft, or order of payment may have many complex issues. Therefore, you should consult with an experienced West Palm Beach collections lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Establishing a Cause of Action for Breach of Fiduciary Duty

Fri, 03 Jun 2011 08:00:00 EST

A plaintiff may file a claim for breach of a fiduciary duty as either a negligent or intentional tort. To establish a cause of action for breach of fiduciary duty under Florida law, a plaintiff must the allege the following elements:

A defendant owed a duty to the plaintiff;

The defendant breached the duty;

The defendant's breach was the proximate cause of the plaintiff's injury; and

The plaintiff's damages resulted in the plaintiff's injury.

In order to establish a cause of action for breach of fiduciary duty, the relation and correlative duties of a fiduciary need not be legal or formal. The relation and correlative duties may be moral, social, domestic, or personal. Additionally, the fact that one party places trust or confidence in the other does not create a confidential relationship in the absence of some recognition, acceptance, or undertaking of the duties of a fiduciary on the part of the other party.

A cause of action for breach of a fiduciary duty may have many complex issues. Therefore, you should consult with an experienced West Palm Beach business lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Abuse or Breach of Confidential Fiduciary Relation

Fri, 03 Jun 2011 08:00:00 EST

In a cause of action for breach of a fiduciary relationship, the fiduciary who commits a breach of his or her duty is liable for the tortious conduct, and the plaintiff is entitled to recover damages for the harm caused by that breach of duty. However, the liability depends on the actual fiduciary relation between the parties. In a fiduciary relationship, the fact of invited confidence necessarily carries with it a degree of frankness and square dealing. Once a fiduciary relationship is established, a fiduciary has a legal duty to disclose all essential or material facts pertinent or material to the transaction in hand. Furthermore, whenever a confidential or fiduciary relationship is established, the burden will fall upon the trusted party to prove that his or her conduct was proper and did not breach the fiduciary relationship. In a lawsuit for breach of fiduciary duty, whether a confidential relationship exists is a determination for the finder of fact to make at trial.

A cause of action for breach of a fiduciary duty may have many complex issues. Therefore, you should consult with an experienced West Palm Beach business lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Breach of Fiduciary Duty | Action for Damages

Fri, 03 Jun 2011 08:00:00 EST

Generally, in a cause of action for breach of fiduciary duty, the injured party may seek damages. For instance, under Florida law, the Economic Loss Rule does not bar a professional athletes' breach of fiduciary duty action against a sports agent arising from allegedly fraudulent investment schemes even though no personal injury or property damage was alleged, and even though oral or written contracts governed the investments. Additionally, other remedies may exist for a plaintiff in a cause of action for breach of fiduciary duty. Nominal damages can be awarded when a legal wrong has been proven, but the plaintiff has suffered no actual damages. Additionally may forfeit compensation to an agent if the facts warranting the principal's claim of forfeiture of compensation are clearly alleged and proved.

Agent and Principal Fiduciary Relationship

Fri, 03 Jun 2011 08:00:00 EST

If an agent breaches his or her duty of loyalty or if the agent's conduct constitutes a willful and deliberate breach of the agent's contract of service, he or she is not entitled to compensation even for properly performed services. Under Florida law, an agent who before performing services for a principal, accepts or agrees to accept compensation from another whose interest is adverse to the principal, without the consent of the principal, breaches the duty of loyalty to the principal, and will be held to forfeit any and all right of compensation from the principal. Additionally, in a cause of action for breach of fiduciary duty, it is immaterial whether or not the principal actually suffers a loss.

However, a principal must, assert the agent's breach as an affirmative defense, and the facts warranting the principal's claim of forfeiture of compensation must be clearly alleged and proved. Accordingly, any concealment from the principal of material facts known to the agent will forfeit the agent's right to compensation for his or her services.

Attorney/Client Fiduciary Relationship

Fri, 03 Jun 2011 08:00:00 EST

An attorney may be held personally responsible for breaching the fiduciary duty to his or her client. However, in order for the client to be entitled to recovery for damages caused by the attorney's breach of a fiduciary duty, the test is whether the attorney entered into a transaction with his or her client of advantage to himself or herself. It is not necessary for the attorney to have received property from the client in order for the attorney to be held liable for a breach of a fiduciary duty. On the other hand, a fiduciary duty extends to every possible situation in which there is a confidence reposed on one side and the resulting superiority and influence on the other side.

Fiduciary Relations in Banking Transactions

Fri, 03 Jun 2011 08:00:00 EST

Generally, the relationship between a bank and a customer is that of a creditor and debtor if he or she borrows money from the bank, but under certain circumstances, a fiduciary duty may exist in a creditor/debtor relationship. A fiduciary relationship may exist between a bank and its customers, where a financial institution becomes involved in a transaction with a customer with whom it has established a relationship of trust and confidence. Additionally, if it is a transaction from which the bank is likely to benefit at the customer's expense, the bank may be found to have assumed a fiduciary duty to disclose facts material to the transaction.

Anti-Nepotism Policy Defense | Employment Discrimination Action

Fri, 27 May 2011 08:00:00 EST

It is not an unlawful for an employer, employment agency, labor organization, or joint labor-management committee to take or fail to take any action on the basis of marital status if that status is prohibited under its anti-nepotism policy. Pursuant to Florida Statute § 760.10 (8)(d), employers who utilize such anti-nepotism policies are protected from any liability for terminating or refusing to hire a person because that person is married to another employee. Additionally, an actionable employment discrimination claim cannot arise on the basis of the specific identity of an individual's spouse.

A cause of action for employment discrimination may have many complex issues. Therefore, you should consult with an experienced West Palm Beach employment discrimination lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Exceptions to Age Discrimination Action

Fri, 27 May 2011 08:00:00 EST

There are exceptions to unlawful employment practices on the basis of age. For instance, it is not an unlawful employment practice for an employer, employment agency, labor organization, or joint labor-management committee to observe the terms of a bona fide seniority system or a bona fide employee benefit plan, such as a retirement, pension, or insurance plan or a system measuring earnings by quantity or quality of production that is not designed, intended, or used to evade the purposes of the statute. However, no such employee plan or system that measures earnings may be used by a defendant as an excuse for failing to hire an individual, and no such seniority system may excuse the involuntary forced retirement of an individual on the basis of any factor not related to the ability of the individual to perform the particular employment for which the individual has applied or in which the individual is engaged.

Burden for Handicap Discrimination Actions

Fri, 27 May 2011 08:00:00 EST

In an employment discrimination lawsuit based on a handicap, the plaintiff has the initial burden of proving a prima facie case. In other words, the plaintiff must prove that he or she was qualified for the position, and was denied the employment solely because of the handicap. However, once the plaintiff has met his or her burden, the burden shifts to the defendant employer, who must show either that the plaintiff's handicap is such that it cannot possibly be accommodated, or that even if the handicap can be accommodated, the proposed accommodation is so unreasonable that it would result in an undue hardship on the employer's activities. On the other hand, if the plaintiff is unable to make a prima facie case of handicap discrimination, the burden of producing evidence for rebuttal does not shift to the employer, and judgment will be entered in favor of the employer.

Remedies for an Employment Discrimination Action

Fri, 27 May 2011 08:00:00 EST

In an action for employment discrimination, different types of remedies may be available to the plaintiff, depending on the basis for the discrimination and the particular facts surrounding the lawsuit. For instance, where the aggrieved individual is discriminated within state employment, he or she may file a complaint with the Florida Commission on Human Relations. In the case of county or municipal employment, an individual aggrieved by a decision made by the governing body of a county or municipal agency, board, commission, or department and felt to be an unlawful employment practice may apply to the agency for modification or rescission. However, if the agency refuses the individual's modification or rescission, the individual may institute an action for relief in the circuit court of the county.

Additionally, in an action for private employment discrimination a defendant may be held liable to the employee for lost wages, benefits, or other lost remuneration caused by the adverse action. A plaintiff that may recover reasonable costs, including attorney's fees, and the issuance of an injunction, if appropriate.

Shifting Burden in Employment Discrimination Action

Thu, 26 May 2011 08:00:00 EST

In an employment discrimination lawsuit, the plaintiff has the initial burden of proving his or her case. However, once the plaintiff has met his or her burden, the burden shifts to the defendant employer, who has the burden of proffering nondiscriminatory reasons that the unlawful employment practices were used by the employer. If the plaintiff can establish that the employer had mixed motives for the disparate treatment or the adverse employment decision, and the plaintiff meets his or her burden that an unlawful or impermissible factor was a significant motivation in the adverse decision, the burden of proof will shift to the defendant to prove by a preponderance of the evidence that it would have reached the same decision even without an improper motive.

Employment Discrimination Based on Age Discrimination

Thu, 26 May 2011 08:00:00 EST

A cause of action for employment discrimination can be based on age. It is unlawful for a labor organization to:

Exclude or expel from its membership, or otherwise discriminate against, any individual on the basis of age;

Limit segregate, or classify its membership, or fail to refuse to refer for employment, an individual in any way that would limit, deprive, or tend to deprive the individual of employment opportunities or that would otherwise adversely affect the individual's status as an employee or as an applicant for employment, solely because of age; or

Cause or attempt to cause an employer to discriminate against an individual in violation of the law.
Additionally, it is considered an unlawful employment practice for an employment agency to fail or refuse to refer for employment, or otherwise to discriminate against, any individual because of age, or to classify or refer for employment any individual on the basis of age.

Bona Fide Qualification Defense

Wed, 25 May 2011 08:00:00 EST

A plaintiff may file an action for the unlawful employment practices of any employer, labor organization, or joint labor-management committee based on several different types of unlawful employment practices. However, it is not considered an unlawful employment practice for an employer, labor organization, or joint labor-management committee to take or fail to take any action on the basis of religion, sex, national origin, age, handicap, or marital status in a situation in which such a trait or the absence of a particular trait is a bona fide occupational qualification reasonably necessary for the performance of the particular occupation to which such an action or inaction is related. A defendant may assert a defense of a bona fide occupational qualification if the employment requires or limits a certain characteristic that the plaintiff possesses or lacks.

A cause of action for employment discrimination may have many complex issues. Therefore, you should consult with an experienced West Palm Beach employment discrimination lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Employment Discrimination Based on AIDS virus

Tue, 24 May 2011 08:00:00 EST

A plaintiff seeking damages for employment discrimination on the basis of AIDS or HIV should consult with a qualified and experienced West Palm Beach employment discrimination lawyer, whom will advise a plaintiff that pursuant to the Florida Civil Rights Act, the plaintiff may be able to recover:

Damages against a person who violates the provisions;

Reasonable attorney's fees; and

Any other appropriate relief, including an injunction.

However, a plaintiff with a cause of action under the FCRA may also seek other appropriate relief under any other applicable laws, such as the Florida Omnibus AIDS Act or any applicable federal laws. For instance, a cause of action for employment discrimination under the Florida Omnibus AIDS Act does not require proof that a plaintiff's HIV condition amounts to a handicap or disability. Pursuant to the Act, it is unlawful to discriminate based upon even the "perceived results" of an HIV test, without reference to the physical condition of the employee.

A cause of action for employment discrimination may have many complex issues. Therefore, you should consult with an experienced West Palm Beach employment discrimination lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Unlawful Employment Practices

Fri, 20 May 2011 08:00:00 EST

If in the course of employment an employee is required to receive a license, certification, become a member of a club, association, or other organization, it is an unlawful employment practice to discriminate against an individual seeking such an association or status based on the person's race, color religion, sex national origin, age, handicap, or marital status. Additionally, an employer organization, or joint labor-management committee may not use unlawful employment practices in publishing or printing any notice or advertisement relating to employment, membership, classification, referral for employment, or apprenticeship or other training, which indicates any preference, limitation, specification, or discrimination based on race, color religion, sex national origin, age, handicap, or marital status. For example, a home improvement retail store employee failed to establish a prima facie case for employment discrimination based on disability under the Florida Civil Rights Act (FCRA) where a position for Team Leader was twice advertised and for which he applied both times, but the position was ultimately never created or filled.

Retaliatory Discrimination Action

Fri, 20 May 2011 08:00:00 EST

A defendant's retaliatory discrimination actions against a plaintiff may become a separate claim against the defendant in a lawsuit. The plaintiff must establish the following elements for a prima facie case of retaliation under Title VII and Florida Civil Rights Act:

The plaintiff engaged in statutorily protected expression;

The plaintiff suffered an adverse employment action; and

There was some causal relation between the two events.
For example, a genuine issue of material fact existed as to whether the constitutional rights of a city police officer, who was native of Puerto Rico, were violated through creation of a hostile work environment, precluding summary judgment as to the officer's retaliation claims under the Federal Title VII and the FCRA.

A cause of action for employment discrimination may have many complex issues. Therefore, you should consult with an experienced West Palm Beach employment discrimination lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Obesity as a Disability

Fri, 20 May 2011 08:00:00 EST

Obesity may be considered a disability protected under the FCRA. Morbid obesity is considered an impairment that substantially limits a person's ability to work. Therefore, morbid obesity can constitute a disability protected by the FCRA if the employer so regards the obesity as one. Pursuant to the Americans with Disabilities Act (ADA) and the Florida Civil Rights Act, a plaintiff may be considered disabled in two ways:

A covered entity mistakenly believes that a person has a physical impairment that substantially limits one or more major life activities; or

A covered entity mistakenly believes that an actual non-limiting impairment substantially limits one or more major life activities.

Under the FCRA, an individual with handicaps is a person with a physical or mentally impairment that substantially limits one or more of the person's major life activities, such as taking care of one's self or his or her family, learning, and working.

A cause of action for employment discrimination may have many complex issues. Therefore, you should consult with an experienced West Palm Beach employment discrimination lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Elements for Conspiracy to Defraud

Thu, 19 May 2011 08:00:00 EST

A cause of action for a conspiracy to defraud on the part of two or more persons requires a common purpose supported by a concerted action to defraud. A plaintiff alleging conspiracy to defraud should prove the following elements:

The existence of an actionable conspiracy;

The defendant's membership in conspiracy;

The occurrence of a substantial act or substantial effect in furtherance of the conspiracy in the forum state;

The defendant's actual or constructive knowledge of act in forum state or that act outside the state would have effect in state; and

That act in, or effect on, the forum state was a direct and foreseeable result of conduct in furtherance of conspiracy.

A cause of action for a civil action for conspiracy may have many complex issues. Therefore, you should consult with an experienced West Palm Beach civil conspiracy lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

The Forces of Number Exception

Thu, 19 May 2011 08:00:00 EST

An alternative basis for a civil conspiracy claim exists where the plaintiff can establish that the conspirators used the power of coercion by virtue of their combination, which an individual acting alone would not possess. In other words, in certain situations where the plain force of numbers acting together as a group in accord or other exceptional circumstances may result in a wrong. Therefore, under the "force of numbers exception," the offending conduct is not actionable if committed by one person. Accordingly, in order to have a claim for conspiracy by coercion, defendants' concerted action must result in different or larger damages than could have been accomplished by individual conspirators on their own.

A cause of action for a civil action for conspiracy may have many complex issues. Therefore, you should consult with an experienced West Palm Beach civil conspiracy lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Establishing Elements for Employment Discrimination Action

Thu, 19 May 2011 08:00:00 EST

To establish a prima facie case of employment discrimination under the Americans with Disabilities Act (ADA) and the Florida Civil Rights Act, a plaintiff must prove the following:

The plaintiff belongs to a protected group;

The plaintiff has been subject to unwelcome harassment;

The harassment must have been based on a protected characteristic of the employee;

The harassment was sufficiently severe or pervasive to alter terms and conditions of the employment and create a discriminatorily abusive work environment; and

The employer is responsible for the abusive environment under either theory of vicarious or direct liability.

Accordingly, a claim of discrimination under the FCRA may be proved through direct evidence, circumstantial evidence, or statistical proof.

A cause of action for employment discrimination may have many complex issues. Therefore, you should consult with an experienced West Palm Beach employment discrimination lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Employment Discrimination Against a Disabled Person

Thu, 19 May 2011 08:00:00 EST

Under the Florida Civil Rights Act (FCRA), a physically disabled person must be employed in the service of the state and its political subdivisions, in the public schools, and in all other employment supported by public funds. Thus, no employer may refuse employment to any such individuals on the basis of their disability alone, and any person whom is discriminated against, or denied employment due to their disability may seek damages. However, if it is proven that the particular disability prevents the satisfactory performance of the work involved, the employer will not be held liable.

A plaintiff seeking damages for unlawful employment discrimination should consult with a qualified and experienced West Palm Beach employment discrimination lawyer, whom will work hard to prove the plaintiff's employment discrimination action. A cause of action for employment discrimination may have many complex issues. Therefore, you should consult with an experienced West Palm Beach employment discrimination lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Discrimination by Employment Agency

Thu, 19 May 2011 08:00:00 EST

To establish a cause of action for employment discrimination on the basis of unlawful employment practices of an employment agency or labor organization, the plaintiff must prove the following unlawful practices:

To exclude or to expel from its membership otherwise to discriminate against any individual because of race, color, religion, sex, national origin, age, handicap, or marital status;

To limit, segregate, or classify its membership or applicants for membership, or to classify or fail or refuse to refer for employment any applicants for membership, or to classify or fail or refuse to refer for employment any individual, in any way that would deprive or tend to deprive any individual of employment opportunities or adversely affect any individual's status as an employee or as an applicant for employment because of such individual's race, color, religion, sex, national origin, age, handicap, or marital status; or
To cause or attempt to cause an employer to discriminate against an individual in violation of this statute.

A cause of action for employment discrimination may have many complex issues. Therefore, you should consult with an experienced West Palm Beach employment discrimination lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Conspiracy Action in a Business Setting

Tue, 17 May 2011 08:00:00 EST

A plaintiff damaged in the course of his or her business by a defendant in a tort for conspiracy may maintain a cause of action for damages. The essence of an action for civil conspiracy to interfere with one's business, is the malicious, wanton and unlawful disturbance or interference with the business of the plaintiff. Therefore, a plaintiff must prove that the defendant intended to maliciously or wantonly interfere with his or her business and proximately caused damages to the business as a result. Additionally, a civil action for damages may also be maintained against those who conspire to wrongfully interfere or to cause a person's dismissal from his or her employment or profession.

The Purpose of an Implied Covenant of Good Faith and Fair Dealing

Fri, 13 May 2011 08:00:00 EST

The doctrine of implied covenants of good faith and fair dealing is a "gap filling" default rule, which is usually raised by a party when an issue is not resolved by the express terms of the covenant. The purpose of the implied covenant is to protect the parties' reasonable contractual expectations. An implied covenant may be asserted by a party to prevent another party from hindering, obstructing, or delaying the performance of a duty under the contract. However, an implied covenant of good faith and fair dealing cannot override an express contractual term.

A plaintiff asserting a claim for breach of an implied covenant of good faith and fair dealing should consult with a West Palm Beach contracts lawyer. A cause of action for breach of an implied covenant of good faith and fair dealing may have many complex issues. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Elements for Civil Conspiracy Action

Fri, 13 May 2011 08:00:00 EST

To establish a cause of action for civil conspiracy the plaintiff must prove the following:

An agreement between two or more parties;

To perform an unlawful act or to do a lawful act by unlawful means;

The doing of some overt act in pursuance of the conspiracy; and

Damage to the plaintiff as a result of acts done under the conspiracy.

A West Palm Beach civil conspiracy lawyer will advise a plaintiff that the test for a civil conspiracy action is whether the parties' intent and common purpose is to achieve an illegal goal. A malicious intent will not transform otherwise proper conduct into an actionable civil conspiracy. However, a civil conspiracy does not require more than knowledge and general participation in the conspiracy to commit a civil wrong.

A cause of action for a civil action for conspiracy may have many complex issues. Therefore, you should consult with an experienced West Palm Beach civil conspiracy lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

The Basis of a Conspiracy Action

Fri, 13 May 2011 08:00:00 EST

A cause of action for civil conspiracy exists only if the basis for the conspiracy is an independent wrong or tort which would constitute a cause of action if the wrong were committed by one person instead of two or more. Accordingly, Florida law does not recognize an independent action for civil conspiracy. Rather, the conspiracy is derived from the underlying claim that forms its basis, and is a vehicle for imputing the tortious actions of one co-conspirator to another to establish joint and several liability.

An alternative basis for a civil conspiracy claim exists where the plaintiff can establish that the conspirators used the power of coercion by virtue of their combination, which an individual acting alone would not possess. Regardless, of the basis for the conspiracy claim, a conspiracy action is not maintainable if the allegations are not supported by a description of the particular overt acts of the accused.

Establish the Elements for Breach of Implied Covenant of Good Faith and Fair Dealing

Thu, 12 May 2011 08:00:00 EST

The implied covenant of good faith and fair dealing is not an independent term within the contract, rather, it attaches to the performance of a specific contractual obligation. In order for a duty of good faith performance to exist, a plaintiff must establish that the defendant failed to perform a specific term of the contract. Therefore, there can be no cause of action for a breach of the implied covenant absent an allegation that an express term of the contract has been breached.

Under Florida law, the implied covenant of good faith and fair dealing is limited in two ways:

The claim must be accompanied by an allegation that an express term of the contact has been breached; and

The implied obligation of good faith cannot be used to vary the terms of an express contract.

A cause of action for breach of an implied covenant of good faith and fair dealing may have many complex issues. Therefore, you should consult with an experienced West Palm Beach contracts lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Statute of Limitations for Conversion Action

Wed, 11 May 2011 08:00:00 EST

A conversion action is governed by the four year statute of limitations. Generally, the statute of limitations begins to run at the time of the conversion, except where the conversion action occurs from a fraudulently concealed act. However, there is authority that an action for conversion begins to run from the time one is on notice or reasonably should be on notice of the conversion. Therefore, it is irrelevant whether there was fraudulent concealment in the conversion action or not.

A cause of action for conversion may have many complex issues. Additionally, it is essential that a plaintiff timely file the action within the statutory guidelines. A West Palm Beach conversion lawyer will help you to timely file your action assist you to recover everything you are entitled to. Therefore, you should consult with an experienced West Palm Beach conversion lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Conversion Action | Damages

Mon, 09 May 2011 08:00:00 EST

In a conversion action in calculating damages, where the subject of the action is ordinary merchandise including perishable property, the value at the time of the unauthorized act with interest is the proper measure of damages. The proper measure of damages for conversion of intangible interests in a business venture is the interest's reasonable market value, measured as of the time and place of conversion. The recovery of damages extends to the good will of the business.

A cause of action for conversion may have many complex issues. Therefore, you should consult with an experienced West Palm Beach conversion lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Nominal Damages and Pecuniary Loss

Mon, 09 May 2011 08:00:00 EST

In a conversion action, nominal damages are available even where the disputed funds are returned or interpled. Additionally, to the value of the item converted, damages may also include the amount of any further pecuniary loss of which the deprivation has been a legal cause and compensation for the loss of use not otherwise compensated. Accordingly in a proper conversion cause of action, lost profits may be recovered where the loss is a proximate result of the defendant's act and where the loss can be shown with reasonable certainty.

A cause of action for conversion may have many complex issues. Therefore, you should consult with an experienced West Palm Beach conversion lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Establishing a Cause of Action for Conversion

Sat, 07 May 2011 08:00:00 EST

To maintain an action for conversion, the plaintiff must have possession of the property or an immediate right to possession of it at the time the conversion occurs. While, in most cases, an action for conversion is brought by the real owner of the property an action for conversion may also be maintained by one who is entitled merely to the property's possession, rather than ownership of the property. Thus, a licensee or conditional vendee may maintain an action for conversion although the legal title to the property in question belongs to a third property. Therefore, a lienholder with possession or right to possession may bring a lawsuit for the conversion of the property involved.

A cause of action for conversion and replevin may have many complex issues. Therefore, you should consult with an experienced West Palm Beach conversion lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Different Types of Property | Conversion Action

Sat, 07 May 2011 08:00:00 EST

A cause of action for conversion may exist for many types of personal property, such as: automobiles, water crafts, intangible interests, in a business venture, and jewelry. An action for conversion also extends to such products as cotton, fruit, logs, and lumber. Additionally, although airline tickets represent a service, they are capable of individual ownership and are sufficiently identifiable to be converted by a defendant. A plaintiff may assert a claim for conversion where a defendant has wrongfully taken personal property or intangible interest in a business venture. However, in order for an intangible business interest to be actionable for conversion, the business interest must confer some type of ownership on the plaintiff sufficient to support a claim for conversion against the defendant. Moreover, a plaintiff damaged by a defendant that misappropriated the plaintiff's business opportunity may maintain an action for conversion. Accordingly, under Florida law, misappropriation of a business opportunity constitutes conversion.

The Effect of Lack of Actual Possession on a Conversion Claim

Sat, 07 May 2011 08:00:00 EST

In a cause of action for conversion or replevin, actual possession of the property by the plaintiff at the time of the conversion is not essential to the right to maintain an action. For instance, a transferee of personal property, or of a interest therein, who acquires the right of possession by the transfer of the property may maintain an action for conversion committed after the transfer, even though he or she has not yet received actual possession of the goods. However, while possession itself is not necessary, the plaintiff's right of possession should be a present or immediate one.

A cause of action for conversion and may have many complex issues. Therefore, you should consult with an experienced West Palm Beach conversion lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Establishing Elements for Tortious Interference of Contractual Rights

Fri, 06 May 2011 08:00:00 EST

In order for a plaintiff to maintain a cause of action for tortious interference with contractual rights, he or she must prove that a third party defendant interfered with a contract by influencing, inducing or coercing one of the parties to breach the contract, thereby causing injury to the other party. To establish a claim for tortious interference with contractual rights, a plaintiff should consult with an experienced West Palm Beach business lawyer that will establish the essential elements, which are:

The existence of a contract;

The defendant's knowledge of the contract;

The defendant's intentional procurement of the contract's breach;

The absence of any justification or privilege; and

The damages to the plaintiff resulting from the breach.

A plaintiff must prove that the defendant's interference was the proximate cause of the plaintiff's damages. Therefore, without proof of proximate cause, a cause of action for the intentional interference with a contractual relationship cannot be sustained.

A cause of action for tortious interference with advantageous business relationship may have many complex issues. Therefore, you should consult with an experienced West Palm Beach business lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

What Parties are Liable | Tortious Interference with Contractual Rights

Fri, 06 May 2011 08:00:00 EST

A plaintiff cannot maintain a cause of action for tortious interference of a contract against a person who is a party to the actual contract. To be liable for interference with a contractual right, the interfering party must be a disinterested third party with regard to the plaintiff's contractual agreement. However, a defendant is not considered to be a stranger to a business relationship if he or she has a supervisory interest in how the relationship is conducted or a potential financial interest in how a contract is performed. However, a defendant is not considered to be a stranger to a business relationship if he or she has a supervisory interest in how the relationship is conducted or a potential financial interest in how a contract is performed.

Moreover, a claim for tortious interference with a contractual relationship can exist even if the contract forming the basis of the relationship is void and unenforceable. Contracts that are voidable by reason of the statute of frauds, formal defects, a lack of consideration, lack of mutuality, or even the uncertainty of terms may still afford a basis for a tort action when the defendant interferes with their performance.

A cause of action for tortious interference with advantageous business relationship may have many complex issues. Therefore, you should consult with an experienced West Palm Beach business lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Damages and Privileges for Tortious Interference of an Advantageous Business Relationship

Thu, 05 May 2011 08:00:00 EST

A court may issue a temporary injunction against a defendant to prevent the defendant from further interfering with the plaintiff's business relationship, when it is appropriate. Florida courts may also assess compensatory damages against the defendant and punitive damages where it is appropriate.

Additionally, in some instances tortious interference with an advantageous business relationship may be privileged. For example, a person who has a financial interest in the business of a third party has a qualified privilege to interfere with the third party's contracts or business relationships to protect that interest, as long as the interference is procured by proper means. Therefore, as long as that party does not do anything more than insist upon his or her existent legal rights, it is allowable and permissive and not actionable.

Nature and Intent of Tortious Interference of Business Relationship

Wed, 04 May 2011 08:00:00 EST

There can be no cause of action for negligent interference with a business relationship because the defendant must have acted with intent to interfere with the plaintiff's business relationship. However, a prima facie case of tortious interference with a business relationship does not necessarily require a plaintiff to prove that the defendant intended to secure a business advantage. Rather, a defendant who damages a plaintiff's business relationships by using malice as his or her motive instead of greed to damage the plaintiff, will nonetheless be held liable. Nevertheless, a claim of tortious interference with an advantageous business relationship may succeed, even where the defendant's motive is not purely malicious, if improper methods were used.

The Differences Between the Torts of Interference with a Business Relationship and Interference with a Contract

Tue, 03 May 2011 08:00:00 EST

Tortious interference with a contract and the cause of action for tortious interference with advantageous business relationship are basically the same cause of action. The only material difference is that in the first action there is a contract and in the second action there is only a business relationship. Therefore, in a cause of action for intentional interference with an advantageous business relationship, no enforceable contract is needed. However, the business relationship must be one under which the plaintiff has legal rights. Additionally, an actionable business relationship requires an understanding between the parties that would have been completed had the defendant not interfered with the relationship.

Establishing the Elements for an Action of Unjust Enrichment

Mon, 02 May 2011 08:00:00 EST

To prevail on a theory of unjust enrichment a plaintiff must plead the following elements:

The plaintiff has conferred a benefit on the defendant;

The defendant has knowledge of the benefit;

The defendant has accepted or retained the benefit conferred; and

The circumstances are such that it would be inequitable for the defendant to retain the benefit without paying fair value for it.

Accordingly, a plaintiff must directly confer a benefit on the defendant to prevail on a claim for unjust enrichment. Additionally, there must be actual damages incurred by the plaintiff. Furthermore, prior to granting relief in a claim for unjust enrichment a court must examine the particular circumstances of an individual case and ensure that without a remedy, inequity would persist.

A cause of action for unjust enrichment may have many complex issues. Therefore, you should consult with an experienced West Palm Beach unjust enrichment lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Establishing a Cause of Action for Unjust Enrichment

Mon, 02 May 2011 08:00:00 EST

A contract implied in law also know as a constructive contract or a quasi-contract, is an obligation imposed by law, on the grounds of justice and equity, usually to prevent unjust enrichment. A contract implied in law differs from express contracts and contracts implied in fact because they do not need assent of the parties; whereas, express contracts do rely upon assent of the parties. A quasi contract is not a contract at all but a legal fiction adopted by the courts to provide a remedy where one party was unjustly enriched. Accordingly, a plaintiff may recover under a contract implied in law where there is no express or implied in fact contract, but the defendant unjustly received something of value or benefited from the service supplied.

A cause of action for unjust enrichment may have many complex issues. Therefore, you should consult with an experienced West Palm Beach unjust enrichment lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Establishing a Cause of Action for Breach of Implied Warranty

Wed, 13 Apr 2011 08:00:00 EST

A consumer who is damaged by the warrantor's breach of an implied warranty under the Magnuson-Moss Warranty Act, may commence an action for breach of an implied warranty. The plaintiff may seek damages and other legal and equitable relief in any court of competent jurisdiction, if the plaintiff has sought an informal dispute-resolution procedure previously, or if the defendant has been given a reasonable opportunity to cure the breach. A cause of action for breach of warranty under the Magnuson-Moss Warranty Act, is limited to claims for direct damages, thus, consequential damages and personal injuries are not recoverable under the Act. However, if a defendant violates the provision of the Act prohibiting disclaimers of implied warranties or seeks to limit the duration of implied warranty coverage in a warranty purporting to be a full warranty, the consumer may sue the defendant for personal injury for the violation under the Act.

A cause of action for breach of an implied warranty may have many complex issues. Therefore, you should consult an experienced West Palm Beach breach of warranty lawyer, call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Establishing a Claim for Breach of Express Warranty

Sat, 09 Apr 2011 08:00:00 EST

A cause of action for breach of an express warranty is governed by the Uniform Commercial Code (UCC). Under the UCC one of the ways in which an express warranty is created is by an affirmation of fact or promise, made by the seller to the buyer that relates to the goods and becomes part of the basis of the bargain. As a result, an express warranty is created that the goods will conform to the seller's promise. Therefore, if the goods fail to conform to the seller's promise, a breach of warranty will occur.

To properly plead a cause of action for the breach of an express warranty, the complaint should establish the following:

Facts in respect to the sale of the goods;

Identify the warranty created as being an express warranty;

Allege facts respecting the creation of such warranty;

Allege facts respecting its breach;

Allege the giving to the seller of notice of the breach; and

Allege the damages sustained by the buyer as the result of the breach.
A West Palm Beach breach of warranty lawyer will also advise a plaintiff that a cause of action for breach of an express warranty is five years. Therefore, a plaintiff should not delay in consulting an experienced West Palm Beach breach of warranty lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Establishing a Claim for Negligent Misrepresentation

Tue, 05 Apr 2011 08:00:00 EST

To state a claim for negligent misrepresentation a West Palm Beach negligent misrepresentation lawyer will prove the following elements:

The defendant made a misrepresentation of material fact that he or she believed to be true but which was in fact false;
The defendant was negligent in making the statement because he or she should have known the representation was false;

The defendant intended to induce the plaintiff to rely on the misrepresentation; and

The injury resulted to the plaintiff acting in justifiable reliance upon the defendant's
misrepresentation.

Additionally, a claim for negligent misrepresentation generally cannot be predicated on opinions. Rather, for a misrepresentation or omission to be actionable, it must be based on fact and not just opinion or a mere legal view.

A cause of action for negligent misrepresentation can be a complex, expensive, and an emotionally charged action. Therefore, a plaintiff should make sure that he or she consults with an experienced West Palm Beach negligent misrepresentation lawyer. If you believe you have a claim for negligent misrepresentation call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Establishing a Claim for Negligent Retention

Fri, 01 Apr 2011 08:00:00 EST

An employer is liable for the negligent retention of an employee where the employer is on notice of the potentially harmful propensities of the employee, the third party is within the zone of foreseeable risks created by employment, and the employer's breach of duty is the proximate cause of the third party's injuries. An employer is only liable to an injured third party for negligent retention when the employer has a legal duty, arising out of the relationship between the employment and the third party, and the third party is within the zone of foreseeable risk created by the employment. However, an employer cannot be held liable for negligent retention of an employee to a third party who is not within the zone of foreseeable risk created by the employment. Therefore, an experienced West Palm Beach negligent retention lawyer will examine a claim and determine:

Whether an employer should have known of the employee's problems;

Whether the employer owed a duty to the plaintiff as a result of a relationship between the employment and the third party; and

Whether the plaintiff was within the zone of foreseeable risk created by the employment.

A plaintiff should make sure that he or she consults with an experienced West Palm Beach negligent retention lawyer. If you believe you have a claim for negligent retention you need an experienced West Palm Beach negligent retention lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Establishing a Dog Bite Cause of Action

Wed, 30 Mar 2011 08:00:00 EST

When commencing an action for an injury due to a dog bite, a plaintiff should be sure to consult with an experienced West Palm Beach intentional tort lawyer specializing in dog bite cases. The West Palm Beach dog bite lawyer will advise the plaintiff that the owner of any dog that bites any person while that person is on or in a public place or lawfully on or in a private place, including the property of the owner of the dog, is liable for damages for injuries suffered by the person as a result of being bitten by the dog, regardless of the former viciousness of the dog or the owner's knowledge of the dog's propensity for viciousness. Additionally, a person is lawfully upon private property of the owner when the person is on the property for the purpose of completing any duty imposed upon him or her by the laws of Florida or by the laws or postal regulations of the United States, or when he or she is on the property upon invitation, expressed or implied of the owner.

A claim for an injury resulting from a dog bite can be a complex, expensive, and an emotionally charged action. Therefore, a plaintiff should make sure that he or she consults with an experienced West Palm Beach dog bite lawyer. If you believe you have a claim for a dog bite, call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Requesting Compensatory and Punitive Damages for Infliction of Emotional Distress

Fri, 25 Mar 2011 08:00:00 EST

The type of damages that a plaintiff may recover for infliction of emotional distress may depend on the harm that proximately resulted from the defendant's intentional or negligent infliction of emotional distress are available. The best way to ensure that you recover the maximum amount you are rightfully entitled to is by hiring a knowledgeable and skilled West Palm Beach intentional torts lawyer specializing in intentional infliction of emotional distress. Compensatory damages are available for emotional distress resulting under the "independent tort" theory, for all harm that proximately resulted from the defendant's intentional or negligent infliction of emotional distress, including:

Injuries to health;

Aggravation of an existing disease or physical defect or activation of a latent condition;

Past and future medical expenses; and

Past and future lost earnings or earning capacity.

Additionally, compensatory damages are also available for emotional distress that results from the defendant's commission of another tort, also known as the "parasitic damages theory," such as:

Nuisance

False imprisonment

Assault and battery

Defamation; and

Medical malpractice

To recover all the damages you are entitled to, it is essential that you have an experienced and skilled intentional infliction of emotional distress lawyer, call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

West Palm Beach Fraud Action | Constructive Fraud

Fri, 25 Mar 2011 08:00:00 EST

Under Florida law, constructive fraud exists where a duty arises from a confidential or fiduciary relationship which has been abused, or where an unconscionable advantage has been taken. Essentially, a breach of fiduciary duty claim is equivalent to a constructive fraud claim, where it is based on misrepresentations or concealment. For example, where a defendant induces another person to enter into a contract with him or her by the positive assertion of a fact or statement of facts material to the agreement, which do not really exist, and the plaintiff relies on the misrepresentation to his or her detriment, the view of equity is that it would be unconscionable to allow the defendant to retain the fruits of the bargain. Therefore, a defendant should be held liable for constructive fraud, even if he or she did not know that the statement was false. The party is bound at his or her own peril to know the truth of the matter of which he or she speaks. Thus, the inquiry is not whether the party knew the representation was false, but whether the other party believed it to be true and was misled by it in entering into the contract.

A cause of action for fraud can be a complex, expensive, and an emotionally charged action. Therefore, a plaintiff should make sure that he or she consults with an experienced West Palm Beach fraud lawyer. If you believe you have a legitimate claim for fraud call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Fraudulent Misrepresentation Action

Fri, 25 Mar 2011 08:00:00 EST

Fraudulent misrepresentation has been characterized as an intentional tort. To be actionable, a misrepresentation must be one of fact. Additionally, a fraudulent misrepresentation claim is generally actionable only as to statements of past or existing facts. The general rule of law is that a false representation to constitute fraud must relate to some material past or existing fact. In Florida, relief for a fraudulent misrepresentation may only be granted if the plaintiff proves the following elements:

A false statement concerning a material fact;

The representor's knowledge that the representation is false;

An intention that the representation induces another's reliance; and

Consequent injury by the other party acting in reliance on the representation.

If you believe you have a claim for fraudulent misrepresentation or negligent misrepresentation call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Cause of Action for Negligent Misrepresentation

Fri, 25 Mar 2011 08:00:00 EST

A claim for negligent misrepresentation requires essentially the same elements as those for fraudulent misrepresentation, with the exception of knowledge of the falsity of the representation; the plaintiff need only prove that the representor reasonably should have known of the statement's falsity. The core of a cause of action for negligent representation is a false representation of fact. Therefore, to prevail on a negligent misrepresentation claim, the plaintiff should hire only an experienced West Palm Beach fraud attorney to prove that:

The defendant made a false statement concerning a material fact;

In the exercise of reasonable care under the circumstances, the defendant was negligent in making the statement because it should have known the statement was false;

The defendant intended that the plaintiff would rely on the false statement;

The plaintiff reasonably and justifiably relied on the false statement; and

The plaintiff suffered damages as a result.

Therefore, a plaintiff should make sure that he or she consults with an experienced West Palm Beach fraud lawyer. If you believe you have a claim for fraudulent misrepresentation or negligent misrepresentation call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Requesting Damages for False Imprisonment

Thu, 24 Mar 2011 08:00:00 EST

As in most intentional tort claims, a successful plaintiff can recover compensatory damages for:

Bodily injuries, physical suffering, or illness;

Physical inconvenience and discomfort;

Loss of time or losses sustained in business or employment;

Expenses incurred as a result of the unlawful imprisonment;

Mental suffering, including embarrassment, humiliation, deprivation of liberty, disgrace, and injury to the plaintiff's feelings and reputation; and
Damages for diminution of earning capacity or ability to be employed.

Additionally, a plaintiff may recover punitive damages for false imprisonment only if the trier of fact, based on clear and convincing evidence, finds that the defendant was personally guilty of intentional misconduct or gross negligence. "Intentional misconduct" means that the defendant had actual knowledge of the wrongfulness of the conduct and the high probability that injury or damage to the claimant would result, and despite the knowledge, intentionally pursued that course of conduct, resulting in injury or damage. "Gross negligence" means that the defendant's conduct was so reckless or wanting in care that it constituted a conscious disregard or indifference to the life, safety, or rights of the people exposed to the conduct.

To recover all the damages you are entitled to, it is essential that you have an experienced and skilled false imprisonment lawyer, call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Assault and Battery Action | Recovering Compensatory Damages

Thu, 24 Mar 2011 08:00:00 EST

Once a plaintiff has initiated an action for assault and/or battery the plaintiff may need to consider what damages he or she may be entitled to recover. The proper amount of compensatory damages a plaintiff is entitled to recover is determined by the standard of what a reasonable person would believe is just compensation under the circumstances. Such recoverable compensatory damages are: pain and suffering; humiliation, embarrassment, and emotional distress; repayment of sums expended for medical care; and compensation for lost wages and lost earning capacity. The trier of fact will use an objective standard for assessing compensatory damages. Therefore, if any award is reasonably justifiable, the award will be upheld. For example, if there is conflicting expert testimony, and either expert's opinion can be rationally justified, the amount of damages will be upheld.

To recover all the damages you are entitled to, it is essential that you have an experienced and skilled assault and battery lawyer. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Asserting a Fraud Action in a Timely Manner

Wed, 23 Mar 2011 08:00:00 EST

A plaintiff may not bring a cause of action for fraud where he or she has delayed the proceeding unduly. In this regard, a

plaintiff must assert his or her remedial rights with diligence and without delay upon becoming aware of the fraud.

Additionally, after a plaintiff obtains knowledge of the fraud or has been informed of facts and circumstances from which

such knowledge would be imputed to him or her, and a delay in instituting a legal action for relief, will be regarded as a

bar to equitable relief. Therefore, delay may be considered equivalent to a waiver. Although a plaintiff claiming fraud,

misrepresentation, deceit, or fraud in the inducement of a contract cannot idly wait until conditions suit him or her to take

legal action, no fixed standard can be applied in determining whether a party is guilty of laches in seeking relief from

fraud. Additionally, the doctrine of laches will not be applied where the alleged fraud involves the breach of a fiduciary

relationship. Accordingly, the fact that a plaintiff is slow in commencing a fraud action as to some of his or her grounds

of relief will not require a denial because of laches where other grounds are timely asserted.

A cause of action for fraud can be a complex, expensive, and an emotionally charged action. Therefore, a plaintiff should

make sure that he or she consults with an experienced West Palm Beach fraud lawyer. If you believe you have a claim for

fraud in the inducement call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Abuse of Process Action | Prove Defendant's Willful Misuse of Judicial Process for Improper Purpose

Tue, 22 Mar 2011 08:00:00 EST

To establish whether process has been used for a legitimate purpose or abused, an experienced West Palm Beach abuse of process lawyer should refer to the applicable statute, regulation, or case law; liability will depend on whether the process was utilized within the scope of its authorized purpose. Therefore, there is no abuse of process when the process is used to accomplish the result for which it was created, regardless of an incidental or concurrent motive of spite or harassment or an ulterior purpose. Moreover, absolute immunity must be afforded to any act occurring during the course of a judicial proceeding and pursuant to court order, regardless of whether the act involves alleged with undue abuse of process, so long as the act has some relation to the proceeding.

A cause of action for abuse of process can be complex, expensive, and an emotionally charged action. Therefore, a plaintiff should make sure that he or she consults with an experienced West Palm Beach abuse of process lawyer.

If you believe you have a legitimate claim for abuse of process call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Abuse of Process Action | Proving that the Defendant had an Ulterior Motive

Tue, 22 Mar 2011 08:00:00 EST

A plaintiff stating a claim for abuse of process must prove that the defendant misused the process for some collateral purpose. To establish whether process has been used for a legitimate purpose or abused, an experienced West Palm Beach abuse of process lawyer should refer to the applicable statute, regulation, or case law; liability will depend on whether the process was utilized within the scope of its authorized purpose. There is no abuse of process when the process is used to accomplish the result for which it was created, regardless of an incidental or concurrent motive of spite or harassment or an ulterior purpose. Moreover, absolute immunity must be afforded to any act occurring during the course of a judicial proceeding and pursuant to court order, regardless of whether the act involves alleged with undue abuse of process, so long as the act has some relation to the proceeding.

A cause of action for abuse of process can be complex, expensive, and an emotionally charged action. Therefore, a plaintiff should make sure that he or she consults with an experienced West Palm Beach abuse of process lawyer. If you believe you have a legitimate claim for abuse of process call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Cause of Action for Fraud

Tue, 22 Mar 2011 08:00:00 EST

A cause of action for fraud or deceit is based on a misrepresentation. Under Florida law, to state a cause of action for fraudulent misrepresentation:

A misrepresentation of a material fact;

The person making the statement knew it was false;

The misrepresentation was made with the purpose of inducing another person to rely upon it;

The person relied on the misrepresentation to his detriment; and

The plaintiff's reliance on the misrepresentation caused damages.

The issue in a fraud case is not whether the party charged with a misrepresentation misstated its motivation, but whether the party in fact made a false representation.

If you believe you have a claim for fraud call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Determine Essential Elements of Abuse of Process

Mon, 21 Mar 2011 08:00:00 EST

Abuse of process is a cause of action that is essentially the misuse of a legal process, whether criminal or civil, against another primarily to accomplish a purpose for which the process was not designed. Abuse of process consists of:

A deliberate and intentional misuse of judicial process; and

Some unlawful ulterior motive that is not an appropriate purpose for the legal proceeding.

A cause of action for abuse of process can be complex, expensive, and emotionally charged action. Therefore, a plaintiff should make sure that he or she consults with an experienced West Palm Beach abuse of process lawyer, especially since an abuse of process claim may be dismissed if the plaintiff fails to allege the essential elements properly. A claim for abuse of process may also be brought as a counterclaim when directed against process served in the pending main action since abuse of process does not require as one of its essential elements a termination of the action in favor of the person against which process was issued. An abuse of process action may also arise from an action that is initiated independently, such as commencement of suit or one initiated collaterally, like an attachment.

If you believe you have a legitimate claim for abuse of process call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Malicious Prosecution | Proving a Bona Fide Termination of the Prior Litigation in Plaintiff's Favor

Fri, 18 Mar 2011 08:00:00 EST

To state a claim for malicious prosecution, the plaintiff must plead and prove that he or she was the defendant in a prior civil, criminal, or administrative proceeding that involved the filing or commencement of a formal complaint or charges against the plaintiff. The plaintiff in a malicious prosecution action must also prove a "bona fide termination" of the underlying legal action in his or her favor. A bona fide termination means that the prior criminal or civil action that gave rise to the malicious prosecution lawsuit was terminated in a manner indicating that the defendant was either found not guilty of the criminal charges or was not civilly liable, and therefore, the action lacked merit. A cause of action that terminated due to technical or procedural reasons, or for reasons other than consideration of the merits, is not a bona fide termination that will sustain an action for malicious prosecution.

Therefore, due to the complexities of a malicious prosecution action, a plaintiff should consult with an experienced West Palm Beach intentional torts lawyer; as such a claim is usually complicated, expensive, and emotionally charged. Therefore, if you believe you have a legitimate claim for malicious prosecution call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

False Imprisonment Cause of Action

Thu, 17 Mar 2011 08:00:00 EST

A plaintiff should establish that a defendant either intended to cause the confinement or had knowledge that the confinement was substantially certain to result from his or her actions. A West Palm Beach intentional torts lawyer will help you in proving that the defendant's actions constituted a tort for false imprisonment by subjecting you as a plaintiff to complete restraint. The restraint of the plaintiff must be unreasonable and not warranted by the circumstances. It may be caused by actual force or by threat, and the threat may be by conduct or by words. The confinement of the plaintiff does not need to be in a jail or prison. The plaintiff does not need to demonstrate that the defendant was prompted by malicious motives or that the defendant was the party who previously took the plaintiff into custody. However, the plaintiff must prove that the defendant's actions directly and in a natural and continuous sequence produced or contributed substantially to producing the restraint, so that it can reasonably be assumed that but for those acts the restraint would not have occurred.

If you believe that you have a cause of action for false imprisonment call the experienced West Palm Beach intentional torts lawyers of Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Determining the Statute of Limitations for False Imprisonment

Thu, 17 Mar 2011 08:00:00 EST

The statute of limitations for a cause of action for false imprisonment is four years after the cause of action accrues. An action for false imprisonment accrues when the restraint is terminated, and the limitations period is not tolled while the legality of the restraint is litigated in other collateral proceedings. However, an exception to the four year statute of limitations is an action against a government employer, which must be brought within three years. However, a West Palm Beach intentional torts lawyer will advice a plaintiff that to state a cause of action against a government employer a plaintiff must:

Submit a claim to the affected state agency and the Department of Financial services, within three years after the claim accrues; and

Obtain a denial of the claim by either agency.

If six months lapses after the plaintiff's claim is made and neither agency responds, the claim will be considered denied. A claim against the state or a subdivision must contain certain personal information about the claimant, and identify adjudicated amounts owed by the claimant to the state or a subdivision of the state.

If you believe that you have a cause of action for false imprisonment time is of the essence, call the experienced West Palm Beach intentional torts lawyers of Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Establishing Elements of False Imprisonment

Mon, 14 Mar 2011 08:00:00 EST

The essence of a cause of action for false imprisonment is the unlawful detention of the plaintiff and the deprivation of his or her liberty. The plaintiff need not show that force was used in the detention nor that the plaintiff made an oral protest to prove that the detention was against his or her will. To constitute an action for false imprisonment, the plaintiff must prove:

The defendant's action was intentional

The defendant caused the restraint;

The restraint was complete; and

The restraint was against the plaintiff's will.

To be liable for a cause of action of false imprisonment, the defendant must either intend to cause the confinement or have knowledge that the confinement was substantially certain to result from his or her actions. It is not necessary, however, to show that the defendant was driven by malicious motives or that the defendant was the party who previously took the plaintiff into custody.

A plaintiff should consult an experienced West Palm Beach intentional tort's lawyer regarding his or her case. If you believe that you have a cause of action for false imprisonment call the experienced West Palm Beach intentional torts lawyers of Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Establishing Statement Communicated a False Fact

Sun, 13 Mar 2011 08:00:00 EST

If you believe you have a cause of action for defamation you should be aware of the essential elements of a defamation action. A false fact is an essential element of a defamation cause of action on which a plaintiff's recovery is based. The Constitution does not protect a defendant from the liability from defamation for communicating a false statement of fact. Therefore, to constitute a false statement of fact rather then a constitutionally protected statement of opinion, a Florida court must determine the following:

Examine the statement in its totality and in the context in which it was uttered or published;

Consider all the words used;

Give weight to cautionary terms used by the publisher of the statement; and

Consider all of the circumstances surrounding the statement, including the medium by which the statement was published and the audience it was published for.

A statement is false only if it is substantially and materially false, not only if it is technically false. The issue regarding whether a statement is a fact or opinion, is a question of law for the court. Therefore, if the court determines that the statement is opinion, it will not be not actionable as defamation.

To ensure that your defamation action has the best chance of recovery, you should consult an experienced West Palm Beach defamation lawyer to examine the case and determine whether the statements are truly defamatory. If you believe you have suffered an injury due to a defamatory publication, contact the West Palm Beach defamation lawyers at Sharmin & Sharmin P.A. call 1-800-74-TRIAL.

Negligent Infliction of Emotional Distress | Proving Causation

Fri, 11 Mar 2011 08:00:00 EST

If you commence a cause of action for negligent infliction of emotional distress, you have the burden of proving causation. To prove causation for negligent infliction of emotional distress, the plaintiff's physical injury must be caused by the psychological trauma. The temporal proximity between the plaintiff's physical injury and the psychological trauma is an important factor for the trier of fact to consider in determining causation. If the temporal proximity is a shorter interval of time between the psychological trauma and the physical impact, it will likely be given more consideration and weight for causation by the trier of fact. Additionally, the nature and severity of the injury and the nature of the evidence will also help to confirm or rebut the causal connection between the psychological injury and the physical manifestation. However, temporal proximity between the psychological trauma and the causally connected physical impairment is not an absolute inflexible requirement for recovery for negligent infliction of emotional distress. Rather, temporal proximity should be used simply as a relevant factor to be considered by the trier of fact, for the determination of the causal connection between the trauma and the physical injury.

If you believe you have suffered emotional distress due to a traumatizing event, the West Palm Beach personal injury attorneys of Sharmin & Sharmin P.A. are here to help you. Call 1-800-74-TRIAL.

Establishing Elements of Invasion of Privacy

Fri, 11 Mar 2011 08:00:00 EST

The right of privacy is essentially an individual's right to be left alone, to live one's life free from unwarranted publicity, and to live in a community without being held up to public gaze if one does not want to be. Invasion of privacy is a tort in which the focus is the right of a private person to be free from public gaze. The right to privacy is distinct in and of itself and not merely incidental to some other right.

There are four primary categories for the invasion of privacy tort:

Intrusion on the plaintiff's physical seclusion or solitude;

Public disclosure of private facts about the plaintiff;

Publicity that places the plaintiff in a false light in the public eye; and

Appropriation of the plaintiff's name or likeness for the defendant's benefit or advantage.

It is possible for a fact situation to involve one or more types of invasion of privacy. However, the single publication/single action rule governs the torts of invasion of privacy. Multiple actions cannot be established when they arise from the same publication upon which a failed defamation claim is based.

If you believe your right to privacy has been violated, the experienced West Palm Beach intentional torts lawyers of Sharmin & Sharmin P.A. are here to help you. Call 1-800-74-TRIAL.

Proving Liability for the Invasion of Privacy Tort of Intrusion

Fri, 11 Mar 2011 08:00:00 EST

The invasion of privacy tort known as intrusion arises from the wrongful intrusion of one's private activities, which occurs in such a manner as to outrage or cause mental suffering, shame or humiliation to a person of reasonable sensibilities. To state a claim for intrusion the plaintiff must prove the following elements:

An intentional interference, physical or otherwise;

With another person's interest in solitude or seclusion, as to his or her person, private affairs, or concerns.

To constitute an actionable invasion of privacy under Florida law, the intrusion must be highly offensive to a reasonable person. Additionally, intrusion itself must be unreasonable, that is, the plaintiff must have a reasonable expectation of privacy in their private place This involves physically or electronically intruding, trespassing, or invading, the plaintiff's physical solitude as by invading his or her home or other quarters. To state a claim for intrusion based on the defendant's surveillance of the plaintiff, the surveillance must be shown to have been carried out in a malicious manner, and not for a reasonable or legitimate purpose.

If you believe your right to privacy has been violated, you need the experienced West Palm Beach intentional torts lawyers of Sharmin & Sharmin P.A. We are here to help you, call 1-800-74-TRIAL.

Proving the Claim of Public Disclosure of Private Facts

Fri, 11 Mar 2011 08:00:00 EST

To establish a cause of action for public disclosure of private facts your West Palm Beach intentional torts lawyer should prove the following elements:

A public disclosure to a significant number of people;

of private facts;

Such as would be offensive and objectionable to a reasonable person of ordinary sensibilities;

With no legitimate public interest in this information.

Under Florida law, an essential element of the tort of public disclosure of private facts is that the facts at issue be true. Therefore, it is not a defense that the private information publicized is true. Additionally, the publicity given to the particulars disclosed must be to the public at large or to so many people that the matter be regarded as substantially certain to become public knowledge. However,the right of privacy does not prohibit the publication of information that is of public concern, or if the public has a rightful interest in knowing the information.

If you believe your right to privacy has been violated, you need the experienced West Palm Beach intentional torts lawyers of Sharmin & Sharmin P.A. We are here to help you, call 1-800-74-TRIAL.

Proving Liability for a False Light Claim

Fri, 11 Mar 2011 08:00:00 EST

One of theories of recovery under an invasion of privacy claim is placing a plaintiff in a false light in front of the public eye. The two essential elements for recovery are:

The false light must be highly offensive to a reasonable person; and

The defendant must have acted either knowingly or in reckless disregard as to the falsity of the publicized material and the false light in which the plaintiff would be placed.

However, there is a conflict among Florida district courts of appeal regarding the viability of a false light cause of action. While the First District of Appeal has declined to recognize the cause of action of false light, the Fourth District Court of Appeal has reversed a trial court's dismissal of a false light claim, explaining that the action has a "toehold" in Florida law. However, the Fourth District also acknowledged uncertainty in Florida case law on the issue, and certified a question to the Florida Supreme Court regarding whether a cause of action for false light invasion of privacy exists in Florida. Therefore, if you believe you have a potential claim for false light invasion of privacy you should have an experienced West Palm Beach intentional torts lawyer go over your options with you, whether it be for an actionable false light claim or possibly a defamation claim. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.

Proving Liablility for Appropriation Claim

Fri, 11 Mar 2011 08:00:00 EST

Appropriation of invasion of privacy is the unauthorized use of a person's name or likeness for the defendant's use or benefit. To constitute an actionable cause of action there must be direct use of the plaintiff's name or identity in the commercial promotion of a product or service. The commercial misappropriation statute prevents a defendant from using a person's name or likeness to advertise a product or service.

However, a common law appropriation invasion of privacy action, unlike a statutory action does not need to be for a commercial purpose. If a defendant uses a plaintiff's identity, likeness, reputation, prestige, or name for the defendant's own benefit, regardless of whether if is for a commercial purpose, the defendant will be liable for invading the plaintiff's privacy.

If you believe your right to privacy has been violated, you need the experienced West Palm Beach intentional torts lawyers of Sharmin & Sharmin P.A. We are here to help you, call 1-800-74-TRIAL.

Establishing the elements of Defamation

Fri, 11 Mar 2011 08:00:00 EST

A plaintiff may commence a cause of action for defamation when the defendant has communicated an unprivileged libelous or slanderous statement to a third party, causing harm to the plaintiff's reputation. Defamation consists of both libel and slander. "Libel" is defined as the unprivileged written publication of false statements that cause injury to the plaintiff. Generally, libel is a malicious publication by writing, printing, picture, sign, or otherwise than by mere speech that exposes any living person or the memory of any deceased person to hatred, contempt, ridicule, or obloquy. "Slander" is generally defined as the speaking of defamatory words that tend to prejudice a plaintiff in his or her reputation, office, trade, business, or means of livelihood.

The following elements constitute a claim for defamation under Florida law:

A statement of fact;

Which is false;

Having a defamatory effect;

Identifying the plaintiff as the subject;

Published to a third party;

With malice or ill will by the defendant; and

Leading to compensable damages to the plaintiff.

If you believe you have suffered an injury due to a defamatory publication, contact the West Palm Beach defamation lawyers at Sharmin & Sharmin P.A. call 1-800-74-TRIAL

Establish the "impact rule" by Proving the Physical Injury

Wed, 09 Mar 2011 08:00:00 EST

The "impact rule" precludes the recovery of damages for negligent infliction of emotional distress unless the emotional distress arises directly from the physical injuries sustained by the plaintiff in the impact. The plaintiff must demonstrate the following elements of the "impact rule":

The emotional stress flowed from a direct physical injury resulting from defendant's negligent act; or

The physical injury resulted from the plaintiff's mental distress caused by the defendant's negligent act;

Additionally, the emotional distress must result from both:

Fear for one's own safety; and
Distress caused by anxiety about the safety of another. Florida courts will apply the impact rule when the cause of action involves purely emotional damages because the emotional harm is too difficult to prove as a source of the injury.
If you believe you have suffered emotional distress due to a traumatizing event, the West Palm Beach intentional torts lawyers of Sharmin & Sharmin P.A. are here to help you. Call 1-800-74-TRIAL.

Proving Your Claim for Negligent Infliction of Emotional Distress

Mon, 07 Mar 2011 08:00:00 EST

Have you experienced a physical injury due to a psychologically traumatizing event? If so, you may have a cause of action for nelgigent infliction of emotional distress (NIED). Negligent infliction of emotional distress (NIED) is a cause of action arising from the plaintiff’s involvement in an event, causing negligent injury to another person whom the plaintiff has a close personal relationship with. To allege a cause of action for negligent infliction of emotional distress, the plaintiff must prove the following elements:

• The plaintiff must suffer a physical injury;
• The plaintiff’s physical injury must be caused by the psychological trauma;
• The plaintiff must be involved in some way in the event causing the negligent injury to another; and
• The plaintiff must have a close personal relationship to the directly injured person.

A West Palm Beach torts lawyer has the burden of proving causation when a psychological trauma causes physical injury or when a minor physical injury manifests into a serious physical impairment.

If you believe you have experienced emotional distress due to a traumatizing event, the West Palm Beach personal injury lawyers of Sharmin & Sharmin P.A. are here to help you. Call 1-800-74-TRIAL.

Establishing Intentional or Reckless Infliction of Emotional Distress Cause of Action

Fri, 04 Mar 2011 08:00:00 EST

A cause of action for intentional or reckless infliction of emotional distress (IRIED or IIED) may be maintained if a defendant by extreme and outrageous conduct intentionally or recklessly caused severe emotional distress to the plaintiff. Under Florida law, there are two theories of recovery for intentional or reckless infliction of emotional distress, the “independent tort” theory and the “parasitic damages” theory. To establish the cause of action for intentional or reckless infliction of emotional distress under the independent tort theory, a plaintiff must prove the following:

• The conduct was extreme and outrageous, that is, beyond all bounds of decency;
• The wrongdoer’s conduct was intentional or reckless, in that the behavior was intended to cause emotional distress or that he or she knew or should have know that such distress would result;
• The conduct resulted in emotional distress; and
• The emotional distress was severe.

A plaintiff must demonstrate that the defendant’s conduct was so outrageous in character and so extreme in degree, as to go beyond all possible bounds of decency, and is regarded as atrocious and utterly intolerable in a civilized community whether a claim for intentional infliction of emotional distress is sufficiently outrageous to form the basis for a cause of action, is a matter of law for the court and not a question of fact. Therefore, the test for determining if the defendant’s conduct rises to the level of an IIED is an objective one, which is whether a reasonable person of ordinary sensibilities would find the conduct to be so outrageous.

If you have suffered extreme emotional distress caused by the wrongdoing of another, you may have a claim for intentional or reckless infliction of emotional distress. Call the West Palm Beach law firm of Sharmin & Sharmin P.A. to get the help you deserve.
1-800-74-TRIAL.

West Palm Beach Intentional Torts Lawyer | Action for Intentional or Reckless Infliction of Emotional Distress | Call Sharmin & Sharmin P.A. 1-800-74-TRIAL

Fri, 04 Mar 2011 08:00:00 EST

If you are a victim of intentional or reckless infliction of emotional distress (IRIED or IIED), you must prove that the defendant acted intentionally or recklessly. Intentional means that the defendant must have intended to commit the particular behavior at issue, and knew or should have known that such behavior would result in severe emotional distress to the plaintiff. However, a plaintiff does not need to prove that the defendant intended to inflict severe emotional distress, rather it is sufficient to establish the intent to engage in a specific behavior with the knowledge that such emotional distress will follow or is substantially certain to follow.

Additionally, to establish a claim for IIED the plaintiff must prove that the defendant’s outrageous conduct was the cause of the emotional distress. However, the manifestations of emotional distress are not actionable unless the emotional distress is severe. Although severe emotional distress is usually followed by resulting bodily harm, such as shock, nausea, or other physical aliments, the existence of bodily harm need not be demonstrated to prove that one has suffered severe emotional distress.

Proving Intentional or Reckless Infliction of Emotional Distress under "Parasitic Damages" Theory

Fri, 04 Mar 2011 08:00:00 EST

"Parasitic damages" for intentional or reckless infliction of emotional distress can be recovered only if the defendant acted with such malice or great indifference to the plaintiff’s rights as to support an award of punitive damages. Additionally, parasitic damages for emotional distress are available only if the plaintiff can demonstrate that the defendant committed a recognized intentional tort, such as assault, battery, or false imprisonment, with malice or great indifference for the rights of others. The plaintiff does not have to prove that the defendant intended on causing the emotional distress if the plaintiff can establish that the defendant knew that the emotional distress was certain or substantially certain to result from the conduct.

A West Palm Beach intentional torts lawyer should establish an intentional tort, and amend the complaint to allege a claim for punitive damages for intentional or reckless infliction of emotional distress. The elements necessary to establish a cause of action for the intentional tort should be sufficient to support the claim for punitive damages.

Statute of Limitations for Actions of Assault and Battery

Thu, 03 Mar 2011 08:00:00 EST

It is important to understand and be aware of the statute of limitations for the intentional torts of assault and battery when commencing a cause of action for either action. It is essential to have a qualified intentional torts attorney to ensure that your action is commenced in a timely manner. A cause of action for assault must be filed within four years of the date the action accrued. An action for assault accrues when a plaintiff fears or apprehends the threatened harm. A cause of action for battery must be commenced within four years of the date the action accrues. A battery action accrues on the date of the harmful or offensive contact. However, either causes of action for assault and battery brought under the Civil Remedies for Criminal Practices Act may be brought within five years from the date the cause of action accrues. Additionally, a special statute of limitations applies to actions based on abuse or incest. Therefore, either causes of action for assault or for battery arising from alleged abuse or incest may be commenced at the later of any of the following:

• Within seven years after the age of majority;
• Within four years after the plaintiff leaves the dependency of the abuser; or
• Within four years from the time of discovery by the plaintiff of both the injury and the causal relationship between the injury and the abuse.

To commence your cause of action for either of the intentional torts of assault and battery in a timely manner you should have a skilled West Palm Beach intentional torts attorney on your side. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.

Proving the Defendant's Intent to Cause a Battery

Thu, 03 Mar 2011 08:00:00 EST

To maintain an actionable claim against a defendant for battery, a plaintiff must prove that the defendant acted intending to cause a harmful or offensive contact against the body of the plaintiff. To establish that a defendant’s contact is harmful, the plaintiff must prove that the contact resulted in a bodily injury to his or her person. However, the bodily injury does not need to be severe. It may be relatively minor and last only a short duration of time. Additionally, to recover damages for a cause of action of battery, a plaintiff need not be aware of the contact, as long as the trier of fact finds the contact to be harmful.

In the absence of permanent physical injury, the trier of fact or the jury may consider whether the touching was offensive to the plaintiff. The contact may be considered to be offensive if it would offend a reasonable person’s sense of dignity.

To ensure that you have the best chance at recovering damages for a cause of action for battery, you need an experienced law firm on your side to recover the damages you deserve. Sharmin & Sharmin P.A. has experienced intentional tort lawyers ready and willing to fight for you. Call us for your free consultation to discuss your rights at 1-800-74-TRIAL.

Establishing a Cause of Action for Assault

Wed, 02 Mar 2011 08:00:00 EST

If you have recently been a victim of an assault you should have an experienced and skilled West Palm Beach intentional torts attorney handling your case. To maintain a cause of action for assault a plaintiff must prove the following elements:

• the tortfeasor either intended to cause the plaintiff to fear immediate injury or intended to actually injure the plaintiff;
• the tortfeasor’s apparent present ability to inflict an injury caused the plaintiff to reasonably apprehend bodily injury; and
• the tortfeasor’s conduct or the circumstances made it appear that bodily injury was imminent.

In order to commit an assault, a defendant must have intended to physically injure the plaintiff or to cause the plaintiff reasonable apprehension or fear of bodily injury. Substantial certainty that physical harm or injury will occur is also sufficient. Verbal expressions may constitute an assault, if under the circumstances a reasonable person would be apprehensive of imminent harm or injury. However, mere words are not sufficient to constitute an assault, but if the words are combined with an appearance of rage and a shove, an assault will exist. To prove a reasonable apprehension, the plaintiff’s fear of bodily harm must be reasonable under the circumstances. In a trial for assault, the trier of fact which is usually a jury will decide the reasonableness of one’s apprehension of further contact and harm.

If you believe you were assaulted do not hesitate call an experience West Palm Beach intentional torts attorney. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.

Establishing a Cause of Action for Battery

Wed, 02 Mar 2011 08:00:00 EST

To maintain a cause of action for battery and recover damages, a plaintiff must prove the following elements:

• The defendant intended to touch or make contact with the plaintiff’s body;
• The defendant actually touched the plaintiff; and
• The contact was harmful or offensive.

A defendant may only be liable for a battery if the court finds that he or she acted intentionally. A defendant must have actually intended to cause harmful or offensive consequences, or the consequences must have been substantially certain to occur, therefore the intent to cause them may be implied. In determining if a battery occurred, the court will decide whether the defendant’s conduct was objectively certain to cause the injury In determining if a battery occurred, the court will decide whether the defendant’s conduct was objectively certain to cause the injury. Additionally, it is the intent to perform the act that results in harm, and not the intent to cause harm that is dispositive in establishing whether there is intent to accomplish a battery.

To establish a cause of action for battery it is essential that you have an experienced and skilled intentional torts attorney. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

The Difference Between Assault & Battery Actions

Tue, 01 Mar 2011 08:00:00 EST

Have you recently been a victim of an assault or battery? You may think that your only recourse is in criminal court. However, if you have an experienced West Palm Beach intentional torts attorney you may be able to commence a cause of action for damages for an action of assault and/or battery. Assault and battery are two distinct intentional torts. The term assault refers to an intentional unlawful threat of physical harm to another that creates in the victim a reasonable apprehension or fear of imminent harm. The term battery refers to an intentional infliction of harmful or offensive contact on the person of another. A cause of action for an assault or a battery does not necessarily give rise to the other. However, in certain situations a defendant may be liable for both an assault and a battery. For example, if a defendant commits a battery by intentionally and physically touching the plaintiff in a harmful or offensive manner and the plaintiff was fearful or substantially certain that injury was imminent, the defendant may also be liable for an assault.

Although assault and battery may also constitute criminal acts, the elements for establishing a civil cause of action for either assault or battery are different. A Florida intentional torts attorney should have the experience and skill to establish a cause of action for either assault or battery. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Complying with Procedural Requirements of a Survival Action

Fri, 25 Feb 2011 08:00:00 EST

A survival action by its very nature requires a deceased party to an action, and a surviving plaintiff to continue the action. When the party dies, the death must be “suggested” or noted on the record. The parties must be served with a statement of the fact of the death. Notice must be served on all parties in the same manner as other pleadings in an action. Nonparties should be served notice in the manner provided for service of a summons. A motion for substitution may be made by any party to the action, the survivors, or personal representatives of the decedent. A motion and notice of hearing must be served on all parties and interested persons that are non-parties in the same manner proscribed for a summons. The motion for substitution must be made within 90 days after a Suggestion of Death, filed with the court, and served on all interested parties, or the action will be dismissed as to the deceased party. The court has discretion to extend the 90 day period if a party properly requests an extension prior to the expiration of the period. The motion for substitution may be filed by the decedent’s attorney and the personal representative may be appointed later then the 90 day period. However, a motion for substitution is not necessary in an action if, after the death of one or more of the plaintiffs or defendants, the cause of action sought to be maintained survives only to the surviving plaintiffs, or only against the surviving defendants.

The procedural requirements necessary to maintain a survival action require a qualified attorney. An experienced West Palm Beach plaintiff’s attorney can handle the complexities of your survival action. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.

Determining the Remedies under the Federal Employers' Liability Act

Fri, 25 Feb 2011 08:00:00 EST

A claim for workers’ compensation may be covered by a federal statute, depending on the accident that the claim arises from. A claim for death resulting from employment on a railroad that engages in interstate commerce or commerce between a state and any foreign nation is covered under the Federal Employer’s Liability Act (FELA). Liability under the FELA arises, if the death results in whole or in part from either of the following conduct:

• the negligence of the carrier’s officers, agents, or employees; or
• any defect or insufficiency, due to the carrier’s negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharves, or other equipment.

The FELA will expressly impose liability and award damages for injury or death against a railroad employer, if the employer was either wholly or partially negligent in decedent’s death. The FELA considers any person as an employee, if the duties of the person were in furtherance of interstate or foreign commerce or if the employee in any way directly or closely and substantially affects the transportation of commodities between states or between a state and a foreign nation. However, the FELA provides no exclusive remedy for the survivors in an action of a negligent injury or death of an employee who is working in furtherance of the interstate business of a railroad. There are three classes of beneficiaries under FELA. Damages may be recovered by a decedent’s surviving spouse and children, but if there are none, then damages are paid to the employee’s parents. However, if the decedent had no surviving parents, then the damages are paid to the next of kin who were dependent on the decedent. The employer may only be liable to one of these three classes of relatives under the FELA. On the other hand, an adult child of the decedent will be entitled to recover as a next of kin, but only upon a showing of dependency on the decedent.

If your cause of action arises from a claim covered by the FELA, you need a West Palm Beach attorney that can handle the complexities of your case. Call Sharmin & Sharmin P.A. 1-800-74-trial.

The Viability of a Survival Action

Fri, 25 Feb 2011 08:00:00 EST

If a plaintiff dies prior to commencing a cause of action for a personal injury unrelated to his or her death, the personal representative of the decedent can bring a survival action on behalf of the statutory survivors and the estate. Additionally, there is no abatement of a personal injury action if the plaintiff dies after the rendition of a verdict, but before the entry of a final judgment. Moreover, if a plaintiff dies while the personal injury action is pending appeal, or while post-trial motions remain undecided, the action will not abate. The personal representative will be awarded no more or less than the decedent would have received, had he or she lived. However, the survival statute does not apply to a cause of action for personal injuries that result in death.

If you have recently lost a loved one and believe you may have a survival cause of action, Call the attorneys at Sharmin & Sharmin P.A. 1-800-74-TRIAL.

Determining Remedies for Death Arising from Employment on the Sea

Fri, 25 Feb 2011 08:00:00 EST

There are several Federal Statutes that constitute the exclusive remedies for wrongful death occurring as a result of employment on the sea or navigable waters. An action arising from the death of a crew member of a seagoing vessel, killed in the course of employment as a result of the employer’s negligence is covered by the federal Jones Act and not under the Florida Wrongful Death Act. Under the Jones Act, the provisions of FELA are applicable to crew members. The Jones Act gives concurrent jurisdiction to the federal and state courts. To determine venue the court will look at the district in which the defendant resides or in which the defendant’s principal office is located.

An action arising from an injury on navigable waters of the United States may be brought under the Longshoremen’s and Harbor Worker’s Compensation Act (LHWCA), which provides compensation for the death of a longshoreman, harbor worker, or other such employee.

The DOHSA constitutes the exclusive remedy for deaths caused by negligence on the high seas. Under the DOHSA, an action for damages may be maintained when a death results from a wrongful act, neglect, or default, and occurs on the high seas beyond a marine league from the shore of the United States or any of its territories or dependencies. The decedent’s personal representative must initiate the action in the U.S. District courts, in admiralty, for on behalf of the decedent’s surviving spouse, parent, child or dependent relative. DOHSA cases must be brought in the U.S. district courts, and not a state court.

Additionally, the U.S. Supreme Court recognizes a cause of action and remedy under general maritime law for death resulting from a violation of certain maritime duties. The Court’s intention was to create a uniform remedy for dealing with claims of unseaworthiness as a basis of liability in territorial waters.

Any action arising from an injury or death resulting from the negligence of another should be handled by an experienced and qualified attorney. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Determine the Statute of Limitations for a Survival Action

Thu, 24 Feb 2011 08:00:00 EST

A survival action may be commenced by a decedent's personal representative on behalf of a deceased plaintiff, but the personal representative must do so within the time limit that would have been applicable to the action had it been brought by the decedent. if a person who is entitled to maintain a cause of action dies prior to the expiration of the time limit for initiating the action, so that the cause of action survives, the action may be commenced by the decedent’s personal representative before the later of the expiration of the time limited for the commencement of the action or 12 months after the decedent’s death.

Your survival action should be handled by a West Palm Beach plaintiff’s attorney that can handle the complexities of your cause of action. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Determining Whether an Unborn Child is Considered a Person Under the Wrongful Death Act

Wed, 23 Feb 2011 08:00:00 EST

Does an unborn child who dies as a direct or proximate cause of someone else’s negligence constitute a person within the definition of a “person” of the Wrongful Death Act?

In order to be considered a person, the child must be born viably alive, and acquire a separate and independent existence from the mother. To prove that the child has a separate and independent existence from the mother, there must be a showing of evidence that the child’s body was expelled from the mother or removed and that the umbilical cord was cut and the infant had independent blood circulation. An experienced wrongful death attorney may present evidence by an medical expert to testify regarding whether the child had attained a separate and independent existence prior to the child’s umbilical cord being severed, and to the death.

However, the Florida Supreme Court has recognized an exception to the rule that the unborn child is not a person, an emotional distress cause of action for a negligently caused stillbirth. The parents of an unborn child are not barred from bringing a cause of action for wrongful death based on emotional distress resulting from the negligently caused stillbirth. The surviving parents may recover damages for mental pain, anguish, medical expenses resulting from the incident to the pregnancy.

If you have questions regarding whether your action is valid under the Wrongful Death Act, you should call Sharmin & Sharmin P.A. 1-800-74-TRIAL.

Possible Remedies Under Workers' Compensation Act

Wed, 23 Feb 2011 08:00:00 EST

Did your loved one die as a result of an injury that occurred within the course of his or her employment? Do you know that under the Florida Workers’ Compensation Act, the decedent’s survivors are usually limited to those remedies available under the governing statute?

The Worker’s Compensation Act provides that the employer’s liability is exclusive and the employer has no additional liability to any third party tortfeasor, to the employee, the employee’s personal representative, statutory survivors, or to any other person entitled to recover damages at law or in admiralty for the decedent’s death. Generally, the employer is exempt from an action at law or in admiralty damages resulting from the death of an employee. To be considered within the Act’s coverage, an injury or death must result from an injury that occurred in the course of the employee’s employment and in furtherance of the employer’s business. A person must be a statutory beneficiary and a dependent of the decedent to be eligible to receive compensation for the death of an employee injured within the scope of the Act. Pursuant to section 440.16 of the Workers’ Compensation Act, statutory beneficiaries must be dependents of the decedent. The Act includes the following people as statutory beneficiaries as long as they can prove dependency on the decedent: the surviving spouse who has not remarried; the employee’s child or children; the parents of the decedent, but they are only entitled to death benefits during the continuance of the dependency; the siblings; and the grandchildren.

Therefore, if your loved one died as a result of an injury that occurred in the course of his or her employment you need an experienced attorney to answer your questions and assist you in your recovery. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.

Intentional Torts Excluded by Workers' Compensation Act

Wed, 23 Feb 2011 08:00:00 EST

Does your wrongful death action arise from an accident within the scope of the Worker’s Compensation Act?

There are exceptions to the exclusivity of the Workers’ Compensation Law coverage. When the death of an employee is caused by an intentional tort committed by the employer, the action will be deemed to be an intentional tort and outside of the scope of the Worker’s Compensation Law. The personal representative, however, must prove by clear and convincing evidence that the employer purposely intended to injure the employee; or the employer engaged in conduct that he or she knew, based on prior similar incidents or explicit warnings specifically identifying a known danger, which was substantially certain to result in injury or death to the employee. Additionally, the employee was not aware of the risk because the danger was not evident and the employer purposely concealed or misrepresented the danger to prevent the employee from exercising informed judgment about whether to perform the work.

Although there is no statutory test for determining whether an employer’s knowledge that its conduct is substantially certain to result in injury, nonexclusive factors that a court may consider in determining if the conduct constituted an intentional tort are:

• The employer had knowledge of previous similar incidents or accidents resulting from such conduct; or
• Had received explicit warnings specifically identifying a known danger arising from the conduct.

Additionally, if the employer conceals from the employee its knowledge that its conduct resulted in a defect or hazard that presents a great threat of injury, the employer is presumed to have known that the harm was substantially certain to result from its conduct.

If your loved one died as a result of an injury that occurred in the course of his or her employment and you believe the conduct was intentional, you should know your rights. Make sure Florida your wrongful attorney is a knowledgeable in the area Workers’ Compensation Law and Florida’s Wrongful Death Act. Call Sharmin & Sharmin P.A.
Sharmin & Sharmin P.A. 1-800-74-TRIAL.

What is Comparative Negligence and how can it affect your wrongful death case?

Tue, 22 Feb 2011 08:00:00 EST

defendant in a wrongful death case may claim a defense of comparative negligence against a particular survivor for their fault or negligence in causing the decedent's death, which may reduce or bar the recovery of that survivor. However, the defense will not affect the recovery of any other survivors. A defendant may also assert a defense of comparative fault negligence to reduce the recovery of the decedent’s estate and of his or her survivors. The Florida Supreme Court has adopted a defense of comparative negligence in a wrongful death action. The Florida Supreme Court has also adopted the theory of strict liability in a products liability case, which allows the defense to assert decedent’s comparative negligence as a defense to a strict liability action. Further, the Wrongful Death Act only bars the reduction of recovery of one survivor by the comparative fault of another survivor, but has no effect on the defense of decedent’s comparative negligence. In other words, if a defendant asserts that the decedent was comparatively negligent, it may reduce or bar the recovery of all of the survivors and the estate. The Seatbelt Defense has been approved for use in a wrongful death action arising from a motor vehicle accident. The defense is a subspecies of the doctrine of avoidable consequences, or the duty to mitigate damages. Therefore, the defendant may claim that the decedent was comparatively negligent in failing to wear a seatbelt,and bar or reduce the recovery of the estate and/or the statutory survivors.

In order to recover the amount you deserve in your wrongful death action, you need a qualified wrongful death attorney that is willing to fight for your rights. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Survivor's Right to Wrongful Death Action

Tue, 22 Feb 2011 08:00:00 EST

Do you have a right to maintain a wrongful death action? A wrongful death cause of action is a derivative of the decedent’s right to maintain his or her own action and recover damages had the death not occurred. Therefore, if the decedent had no right to an action at the time of death, the decedent’s survivors have no right to a wrongful death action. If the decedent’s personal injury action had expired at the time of death, the wrongful death action based on the same tortious conduct is also barred.

However, when the wrongful death action does survive and proceeds to trial, evidence disputing damages may be presented by the defense to reduce or bar damages against a survivor. For instance, a defendant may present evidence that a surviving spouse remarried subsequent to the decedent’s death, or evidence of domestic discord to rebut a close marital relationship between the decedent and the surviving spouse. In Florida, evidence that a plaintiff left his wife and children to live with another woman, and had not provided them with any contact information or means to contact him in an emergency, was admissible in the plaintiff’s wrongful death action arising from the death of the plaintiff’s son.

The complexities of a wrongful death action should be handled by an experienced wrongful death attorney. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.

Effect of Survivor's Death Before Final Judgment | Florida Wrongful Death Action

Mon, 21 Feb 2011 08:00:00 EST

The death of a survivor during the litigation of a wrongful death action prior to the rendition of the final judgment, effects the amount of damages the deceased survivor's personal representative may collect on his or her behalf. The survivor's damages are limited to only lost support and services up until the date of his or her death.

Additionally, The damage awards that are distributed amongst any of the living and deceased survivors are excluded from gross income for federal income tax purposes, and are not considered taxable income.

A wrongful death action is a complex cause of action, therefore it is essential that you choose a qualified, experienced, and skilled, West Palm Beach wrongful death attorney. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.

How Collateral Sources Reduce Damage AwardS

Mon, 21 Feb 2011 08:00:00 EST

The damages awarded to the plaintiffs in a wrongful death action are determined by the jury, but are reduced by the court for any collateral sources paid for the benefit of the claimant. However, the court cannot reduce the awarded amounts by collateral sources if a subrogation or a reimbursement right exists. If a subrogation right exists, a defendant is not entitled to a setoff even if the entity that holds the subrogation right expressly waives the right.

The court must also reduce the plaintiff's award by the litigation and attorneys fees incurred during the litigation. Litigation expenses are paid by the personal representative of the decedent from the awards of the plaintiff or plaintiffs and the estate in proportion to the amounts awarded to them. However, if the expenses are incurred for the benefit of an particular plaintiff, the expenses shall be paid directly from the amounts awarded to that plaintiff. If the survivors have competing claims and are represented by different attorneys, the court must determine the attorneys’ fee awards by compensating the personal representative’s attorney out of the total settlement proceeds, and deducting the amount necessary to compensate the other plaintiffs’ attorneys for their services.

A West Palm Beach wrongful death attorney will ensure that the jury receives the appropriate jury instructions, since the jury determines the total amount of damages and the court reduces the collateral source benefits from the jury’s award. For an experienced wrongful death attorney call Sharmin & Sharmin P.A. 1-800-74-TRIAL.

Florida Wrongful Death Action | Determining Comparative Fault

Fri, 18 Feb 2011 08:00:00 EST

In a wrongful death action, where there is more then one defendant, the comparative fault statute provides that the defendants in a wrongful death action may be held liable based on each defendant's percentage of fault, and not on the basis of joint and several liability. When determining the defendant’s percentage of fault, that defendant’s fault should be compared to all of the other defendants or non-party entities who contributed to the wrongful act, regardless of whether they have been or could have been joined as defendants. Under the Wrongful Death Act, the comparative negligence of third parties who are not survivors of the decedent will reduce the recovery of the estate and survivors.

To assign any fault to a nonparty, a defendant must affirmatively plead at trial, by a preponderance of the evidence, the fault of the nonparty and absent a showing of good cause, identify the nonparty, if known or describe as specifically as possible, either by motion or in the initial responsive pleading when defenses are first presented, subject to amendment any time before trial in accordance with the Florida Rules of Civil Procedure.

To ensure that you recover the full amount of damages that you deserve for the loss of your loved one, you need a West Palm Beach wrongful death attorney. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.

Determining Plaintiff's Economic Damages

Fri, 18 Feb 2011 08:00:00 EST

Generally, the jury in a wrongful death case determines the amount of damages awarded to the plaintiff. Although some mathematical formulas are used in calculating the damages awarded in wrongful death actions, there is an element of speculation and discretion on the part of the jury, in formulating the final awards. The court generally allows the jury's verdict to stand, unless the award is clearly unreasonable and arbitrary in relation to the injury and damages. When awarding economic damages such as lost support and services, lost earnings, and net accumulations, the jury may consider many factors such as:

• The age and life expectancy of the surviving dependents;
• The age, earning capacity, and life expectancy of the decedent;
• The relationship of the decedent to the survivors;
• The amount of support contributed by the decedent when living to each of his or her dependents;
• The probable net income of the decedent that would haven available to contribute to a particular survivor;
• The decedent’s response to the obligation to contribute to the support of the dependents;
• The probable increased needs of the dependents;
• The likelihood that the decedent would have contributed to the increased needs of the dependents;
• The potential increases in decedent’s income, including the likelihood of promotions;
• The education, health, habits, morals, social status, standard of living, intelligence, personality and skills of the decedent;
• An award for future economic damages such as loss of future support and services and lost net accumulations must be reduced to present money value.

During a wrongful death trial, the parties may present experts such as forensic economists, accountants, or annuity experts to testify about the calculation of economic damages and the reduction of those damages to present value.

Although the jury determines the ultimate award of damages, it is the responsibility of the wrongful death attorney to present the sufficient and appropriate evidence to obtain the best result and recovery for the plaintiff. It is crucial that you have an experienced West Palm Beach wrongful death attorney. Call Sharmin & Sharmin, P.A. 1-800-74-TRIAL.

Loss of Companionship | Florida Wrongful Death Action

Thu, 17 Feb 2011 08:00:00 EST

If you are a surviving spouse or child of a decedent that died due to someone else's wrongdoing, you may be entitled to damages individual to the spousal relationship and the parent/child relationship. Specifically, a surviving spouse may recover damages for loss of companionship and protection of the decedent. The loss of companionship is often defined as “consortium” and is the conjugal fellowship of the husband and wife relationship. This type of damages includes the past and future loss of intangibles such as love, sex, companionship, society, comfort and solace, and help in performing tasks around the household.

A minor child may recover damages for lost parental companionship, instruction, and guidance from the date of the injury of the decedent. The minor child’s damages for lost parental companionship, instruction, and guidance are not limited to the period of his or her minority. The damages are instead,based on the life expectancies of the minor child and the deceased parent. Additionally, adult children may also be entitled to damages for lost parental companionship, instruction, and guidance from the date of the injury, but only if there is no surviving spouse. For the purpose of determining whether there is a surviving spouse, when both spouses die within 30 days of each other as a result of the same wrongful act or accident, each spouse is considered to have predeceased the other. This provision allows adult children to recover damages for mental pain and suffering, lost parental companionship, instruction, and guidance if both parents die as a result of the same wrongful act. However, in a wrongful death action arising from a medical malpractice claim, the surviving parents of an adult child decedent cannot recover for lost parental companionship, instruction, guidance, and mental pain and suffering.

If you want to be knowledgeable about your legal rights and recover all the damages you are entitled to, you need an experienced Florida wrongful death attorney. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.

Recover Punitive Damages for Your Wrongful Death Action

Thu, 17 Feb 2011 08:00:00 EST

Punitive damages are recoverable in a wrongful death case, as long as the claimant has established one or more of the elements of compensatory damages. A plaintiff may only assert a claim for punitive damages if he or she obtains leave from the trial court to assert the claim. The plaintiff may obtain such leave by establishing a reasonable evidentiary basis to support a claim for punitive damages. However, if a wrongful death plaintiff does not obtain leave of court to assert a claim for the punitive damages, a defendant may move to dismiss or strike the claim. The Defendant may only be held liable for punitive damages for wrongful conduct one time. Therefore, if punitive damages have previously been awarded against a defendant, the plaintiff will not be able to recover punitive damages.

Recovery of punitive damages against a defendant requires a qualified wrongful death attorney to establish the evidentiary basis for the damages. Therefore, you need the experienced attorneys of Sharmin & Sharmin P.A. call 1-800-74-TRIAL.

Recoverable Damages on Behalf of Decedent's Estate

Thu, 17 Feb 2011 08:00:00 EST

The damages recovered by the decedent's estate in a wrongful death case include medical or funeral expenses and lost earnings and net accumulations. Medical or funeral expenses are generally only recoverable by the personal representative on behalf of the decedent’s estate, unless another survivor has proof of the expense. The recovery would then be reduced by survivor’s recovered amount. However, any recovery of medical and funeral expenses is subject to the claims of creditors, who have complied with Florida’s probate law to establish a claim.

The estate may recover lost earnings from the date of the injury to the date of the death,less the amounts for lost support of the survivors, plus interest. An amount reduced to present value for loss of the decedent’s prospective net accumulations is also recoverable in either of the following situations:

• The decedent’s survivors include a surviving spouse or lineal survivors, or
• The decedent is not a minor child, there are no lost support and services damages,and there is a surviving parent.

The estate may also recover net accumulations, which are the portion of the decedent’s expected net business or salary income, including pension benefits, that decedent would have likely retained as savings and left as part of the estate, had he or she lived the normal life expectancy. Net business or salary income is the portion of the decedent’s probable gross income after taxes that remain after deducting the decedent’s personal expenses and support for survivors, excluding contributions in kind. Net business income does not include any income investments that the decedent held at the time of death, and that would continue to accrue. A Florida wrongful death attorney may present expert testimony to establish a recognized methodology for calculating net accumulations. However, the damages for accumulations do not have to be determined with mathematical certainty.

Protect your recoverable damages and call Sharmin & Sharmin P.A. 1-800-74-TRIAL.

Determining Your Damages for Lost Support and Services | Florida Wrongful Death Action

Thu, 17 Feb 2011 08:00:00 EST

Do you know what damages you are entitled to? Are you entitled to damages for the decedent's lost support and services?
If you are the surviving spouse, child, and parent, of a decedent, you are entitled to damages for lost support and services, from the date of the decedent’s injury to the date of the decedent’s death, plus interest, and future loss of support and services from the date of the decedent’s death, reduced to present value.

Other blood relatives are not entitled to recover damages for lost support and services, unless they prove they were dependent on the decedent. Additionally, the parents of a deceased minor child cannot recover lost support and services unless the decedent had extraordinary income producing attributes. Under the Wrongful Death Act, support is defined as the contributions that the decedent would have made for the living expenses of the survivors, which includes the contributions of the property and money. The definition of services refers to the tasks that were performed by the decedent, and will become an expense to the survivor. There are specific factors that should be considered by the trier of fact when determining the amount recoverable for loss of support and services: There are specific factors that should be considered by the trier of fact when determining the amount recoverable for loss of support and services:

• The survivor’s relationship to the decedent;
• The amount of the decedent’s probable net income available for distribution to the particular survivor; and
• The replacement value of the decedent’s services to the survivor.

To recover all of your damages for the death of your loved one, you need an experienced Florida wrongful death attorney. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.

Wrongful Death Case | Verdict Forms

Wed, 16 Feb 2011 08:00:00 EST

Bringing a wrongful death action to trial is complex and difficult if you do not have a qualified wrongful death trial attorney. An experienced West Palm Beach wrongful death attorney will have the court instruct the jury to individually consider damage awards for the estate and each survivor. The damages in a wrongful death case must be apportioned on the verdict form for each clamaint according to the following: amount of compensation for economic losses; amount of compensation for noneconomic losses; amounts awarded for punitive damages, if any. In a wrongful death case based on a medical malpractice claim, an experienced West Palm Beach, Florida wrongful death attorney will ensure that the economic and noneconomic damages are further itemized into subcategories. The economic damages should be itemized into amounts to compensate the claimant in the following categories: for past economic losses; and future economic lasses, not reduced to present value, and the number of years or partial years the award is intended to cover. Likewise, noneconomic damages should be further itemized into amounts compensate the claimant for: past noneconomic damages; and future noneconomic losses and the number of years or partial years the award is intended to cover.

To ensure that you recover the all of the damages you deserve for the loss of your loved one, make sure your attorney is an experienced trial attorney, call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Court Approval for Wrongful Death Settlements

Wed, 16 Feb 2011 08:00:00 EST

A settlement in a typical wrongful death action does not need court approval unless there is a minor survivor, an incompetent survivor, or any survivor objects to the settlement. When a wrongful death action involves a minor or incompetent survivor, court approval is necessary for the settlement to ensure that the minor or incompetent survivor’s awarded settlement proceeds are protected pursuant to the Florida Guardianship Law. An experienced wrongful death attorney would advise that a guardian ad litem be appointed to review the case file, the settlement, and prepare a report to the court advising the judge whether the settlement is in the best interest of the minor or incompetent ward.

Likewise, if any survivor objects to the settlement, the court’s approval is required, and the survivor is entitled to a noticed hearing to state his/her objections. The jurisdiction where the wrongful death action is pending has the jurisdiction to approve a settlement. When the court approves of a settlement, it must consider whether there was comparative fault on behalf of any of the survivors in order to apportion the proceeds properly. Additionally, if the defendant or defendants chooses to offer a lump sum settlement, a qualified and experienced Florida wrongful death attorney should ensure that the defendant designate in the settlement the specific amount for each claimant. However, if there is no specific designation of settlement amounts, the personal representative of the decedent will have to proportion proceeds for the survivors and the estate, with the approval of the court.

Do not accept any settlement without consulting a qualified attorney. If you have questions regarding your wrongful death case, call Sharmin & Sharmin P.A. 1-800-74-TRIAL.

Mental Pain and Suffering Damages | Wrongful Death Action

Wed, 16 Feb 2011 08:00:00 EST

If you have lost a loved one due to someone else's wrongdoing, you likely want to recover all of the damages that you are entitled to. First, you should have an experienced Florida wrongful death attorney on your side to ensure you recover all of your entitled damages. Second, it is important that you know what damages you are entitled to, which depends on your relationship with the decedent. For instance, if you are a surviving spouse, child, or parent of the decedent you may be entitled to mental pain and suffering damages.

The surviving spouse and minor child may recover damages for mental pain and suffering from the date of the decedent’s injury. Additionally, adult children may also be entitled to mental pain and suffering damages from the date of the injury, but only if there is no surviving spouse. For the purpose of determining whether there is a surviving spouse, when both spouses die within 30 days of each other as a result of the same wrongful act or accident, each spouse is considered to have predeceased the other. This provision allows adult children to recover damages for mental pain and suffering, lost parental companionship, instruction, and guidance if both parents die as a result of the same wrongful act. However, in a wrongful death action arising from a medical malpractice claim, the surviving adult children over the age of 25 years cannot recover for mental pain and suffering, lost parental companionship, instruction and guidance.

The surviving parents of a deceased minor child under the age of 25 years of age may recover individually for mental pain and suffering from the date of the decedent’s injury. All children under the age of 25 are considered minor children regardless of their marital status, for the purpose of determining if a parent is a “surviving parent.” Additionally, the parents of an adult child may also recover for mental pain and suffering, but only if there are no other statutory survivors, such as a spouse, children, or another blood relative partly or wholly dependent on the decedent for support. However, in a wrongful death action arising from a medical malpractice claim, the surviving parents of an adult child decedent cannot recover for mental pain and suffering. Additionally, the wrongful death action generally eliminates the decedent’s claim for mental pain and suffering, however in an action for violation of a nursing home resident’s rights, if the resident died as a result of a violation of their rights, the decedent’s damages may include an award for pain and suffering pursuant to Florida Statute § 400.023(1).

To ensure that you recover all the damages you deserve, hire an experienced Florida attorney. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.

Determining Venue and Choice of Law in a Wrongful Death Case

Tue, 15 Feb 2011 08:00:00 EST

Where your case is heard and which state's law governs the case may be crucial to the outcome of your case. Therefore, you need a skilled Florida wrongful death attorney to handle your case.

Venue for a wrongful death case is determined by the general venue statute the cause of action must be brought in the county where the defendant resides or action accrued, which is where the decedent died. However, where there are multiple defendants residing in different counties, venue lies in any county where any defendant resides. In the case of a nonresident defendant, they may be sued anywhere if the court has personal jurisdiction over that defendant. Additionally, a party can request a change of venue pursuant to Florida Statute 47.122, which requires the court to take into consideration the convenience of the parties, witnesses, and the venue that would best further the interests of justice.

When the decedent’s death occurred in another state or jurisdiction, or when the parties are from different jurisdictions,a court must determine which jurisdiction’s substantive law will govern the cause of action. Florida courts use the significant relationships test and consider several factors to determining choice of law: the place where the injury occurred; the place where the wrongdoing that caused the injury incurred; the domicile, residence, nationality, place of incorporation, and place of business of the parties; and the place where the relationship, if any, between the parties was based. Typically, the court will look to the jurisdiction where the injury occurred to determine which state’s law will be applied, but other factors may outweigh the place of injury for the purpose of choice of law.

When these procedural issues or other issues arise in your wrongful death case it is crucial you have a skilled West Palm Beach wrongful death attorney call 1-800-74-TRIAL.

Ensuring That The Statute of Limitations Does Not Expire on Your Wrongful Death Case

Tue, 15 Feb 2011 08:00:00 EST

In a wrongful death cause of action as in most lawsuits, there is a limited time frame in which you may commence your case, time is of the essence. Generally, the lawsuit must be commenced within two years after the cause of action accrues which is on the date of the decedent’s death. A wrongful death action is initiated by the filing of a complaint. There are several exceptions, however to the two year statute of limitations. In a wrongful death action against a governmental entity the statute of limitations is four years. In a wrongful death case arising from alleged medical malpractice acts, the medical malpractice statute of limitations applies, which is two years from when you knew or should have known of the possibility of malpractice, but no longer then 4 years. If the cause of action arises from navigable waters and is deemed a maritime claim, it may be governed under the three year federal maritime statute of limitations.

You cannot waste valuable time by taking your case to an inexperienced attorney. Failure to commence your case in a timely manner may bar your cause of action and your chances for recovery of damages for the death of your loved one forever. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Abatement of Personal Injury Claims

Tue, 15 Feb 2011 08:00:00 EST

Do you have a wrongful death action based on the personal injury claim of the decedent? Did you know that the personal injury claim will likely be eliminated?

In a wrongful death cause of action, if a personal injury results in the death of the decedent, the cause of action for personalinjury on the behalf of the decedent is eliminated. Additionally, if a personal injury action is pending at the time of the decedent’s death, the action will be abated. The decedent’s personal injury action or the right to bring an action merges with the surviving beneficiaries’ right to bring a cause of action for wrongful death. If the decedent claimed damages for pain and suffering, those claims will be transferred to the survivors.

However, there are some exceptions to the merging and abatement of the decedent’s personal injury claim. The personal representative of the decedent can bring a survival action under Florida Statute § 46.021, if the decedent’s death was caused by conduct other than the conduct alleged in the underlying personal injury action. Additionally, there is no abatement of a personal injury action if the plaintiff dies after the rendition of a verdict, but before the entry of a final judgment. Moreover, if a plaintiff dies while the personal injury action is pending appeal, or while post-trial motions remain undecided, the action will not abate.

These complexities may arise in your wrongful death case; therefore, you need a qualified Florida wrongful death attorney. Call Sharmin & Sharmin P.A. 1-800-74-TRIAL.

Determining the Surviving Beneficiaries

Mon, 14 Feb 2011 08:00:00 EST

When filing a wrongful death case you may have questions regarding who is considered a survivor of the decedent. The decedent’s statutory survivors are considered to be the spouse, children, parents, any blood relatives, and adoptive brothers and sisters. If there is a surviving spouse, a Florida wrongful death attorney should verify that the spouse was legally married to the decedent, by obtaining marriage certificates and divorce decrees for any previous marriages. The decedent’s surviving spouse may recover for mental pain and suffering and the loss of the decedent’s support, services, companionship, and protection. Additionally, if a husband and wife die as a result of the same accident or incident, the spouse that dies later is the survivor.

The parents of the decedent are also considered survivors and may recover damages as the result of the decedent’s death. This includes the parents of an illegitimate child and adoptive parents. However, stepparents who have not formally adopted the child will not be able to recover damages. Additionally, grandparents without a legal guardianship are not considered survivors and will not recover damages. Any other blood relative or adopted sibling of a decedent may also recover certain economic damages if he or she can demonstrate actual dependency. Finally, the personal representative may recover economic damages on behalf of the estate. Recoverable damages include loss of earnings, loss of prospective net accumulations of the estate, and medical or funeral expenses.

If you have questions regarding your wrongful death case. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Wrongful Death Case | The Surviving Children's Recovery Rights

Mon, 14 Feb 2011 08:00:00 EST

When determining the survivorship rights of a decedent's child or children in a wrongful death case, there may be some complex issues that arise. You need an experienced wrongful Death attorney to handle your case.
A “minor child” of the decedent is any child under the age of 25 years of age. A minor child is a survivor and is entitled to recover damages. The issue of a posthumously born child can be complex. A posthumously born child is a survivor of the decedent and entitled to recover damages, only if the action on behalf of the posthumously born child is prosecuted within two years from the death of the decedent. However, a posthumous illegitimate child is not automatically considered a survivor. The wrongful death act does not consider a posthumous illegitimate child a survivor of the decedent, unless the father has taken responsibility for the child’s support. An experienced West Palm Beach wrongful death attorney can prove the decedent recognized a responsibility for the child’s support and sustain the child’s recovery for damages without the need for an adjudication or a statutory acknowledgment of paternity. Proof of the child’s support may be established by demonstrating that the child lived in the decedent’s home, the decedent treated the child as his child, and the child enjoyed the decedent’s support. Another issue that may arise is a child who already has a legal father but attempts to maintain a wrongful death action as the biological survivor of the decedent. To be considered a survivor of the decedent, the minor must take a legal action which terminates the rights of all interested parties, but at the same time recognizes the biological father’s rights.

Additionally, an adopted child may qualify as a survivor of the decedent if a judgment of adoption was entered either by a Florida court or another jurisdiction. Adult children over the age of 25 are considered survivors and may recover damages for lost support and services, if there is no surviving spouse, and if the wrongful death claim is not based on medical malpractice.

If you have any questions regarding your wrongful death case call the experienced attorneys at Sharmin & Sharmin P.A. 1-800-74-TRIAL.

The Survivorship Rights of the Decedent's Children

Mon, 14 Feb 2011 08:00:00 EST

When determining the survivorship rights of a decedent's child or children in a wrongful death case, there may be some complex issues that arise. You need an experienced wrongful Death attorney to handle your case.

A “minor child” of the decedent is any child under the age of 25 years of age. A minor child is a survivor and is entitled to recover damages. The issue of a posthumously born child can be complex. A posthumously born child is a survivor of the decedent and entitled to recover damages, only if the action on behalf of the posthumously born child is prosecuted within two years from the death of the decedent. However, a posthumous illegitimate child is not automatically considered a survivor. The wrongful death act does not consider a posthumous illegitimate child a survivor of the decedent, unless the father has taken responsibility for the child’s support. Proof of the child’s support may be established by demonstrating that the child lived in the decedent’s home, the decedent treated the child as his child, and the child enjoyed the decedent’s support. Another issue that may arise is a child who already has a legal father but attempts to maintain a wrongful death action as the biological survivor of the decedent. To be considered a survivor of the decedent, the minor must take a legal action which terminates the rights of all interested parties, but at the same time recognizes the biological father’s rights.

If you have any questions regarding your wrongful death case call, the experienced attorneys at Sharmin & Sharmin P.A. 1-800-74-TRIAL.

The Statutory Beneficiaries of the Decedent

Mon, 14 Feb 2011 08:00:00 EST

If you have questions regarding your wrongful death case. Call Sharmin & Sharmin P.A. at 1-800-74-TRIAL.

Determing all of the Defendants in your Wrongful Death Action

Sat, 12 Feb 2011 08:00:00 EST

Identifying the defendants is crucial to maintaining a wrongful death cause of action. A plaintiff may file suit against any individual whose conduct caused a wrongful act, negligence, default, or breach of contract or warranty. A Florida wrongful death attorney must undertake the task of investigating the facts and circumstances surrounding the decedent’s death. The wrongful death attorney’s pre-suit investigation will allow him or her to identify all potential defendants, co-defendants, third party defendants, and any other individuals, corporations, or entities that may share in the responsibility for the decedent’s death. The wrongful death attorney may name a third party defendant such as an employer or principal, if the person was vicariously liable for the defendant's wrongful act. Additionally, if a defendant dies before the pendency of the wrongful death action, the personal representative of the defendant becomes a defendant.

No matter who caused your loved one’s death, you need an experienced Florida wrongful death attorney who is familiar with the complexities of your case to recover damages from the parties responsible. Call Sharmin & Sharmin at 1800-74-Trial.

Proving Your Wrongful Death Case

Fri, 11 Feb 2011 08:00:00 EST

Under Florida's Wrongful Death Act, a wrongful death action consists of essential elements. To succeed in your wrongful death case, the Florida plaintiff's attorney must prove that the defendant committed a tortious act which resulted in the death of the decedent. The attorney must demonstrate that the wrongful death action would have entitled the decedent to recover damages had the death not occurred. Additionally, the decedent's personal representative may recover damages on behalf of the decedent's survivors and/or the estate.

To recover damages in a wrongful death action, the plaintiff's attorney must establish that the defendant breached a legal duty of care which resulted in the decedent's death. The attorney must prove that the defendant owed a duty to the decedent and he/she wrongfully breached the duty. Additionally, the attorney must establish causation by demonstrating that the defendant's wrongful conduct was either the actual or proximate cause of the decedent's death. Failure to establish causation will result in a directed verdict for the defendant. Call a Florida wrongful death attorney right away to secure your rights at 1800-74-TRIAL.

Appointing a Personal Representative to initiate a Wrongful Death action

Fri, 11 Feb 2011 08:00:00 EST

Under Florida's Wrongful Death Act, the personal representative of the decedent must file the wrongful death action on behalf of the survivors and the estate. This requirement reduces the chance of multiple lawsuits by multiple survivors. To become a personal representative, any interested person may file a verified petition for administration of the decedent's estate. However, preference is given to an individual nominated in the decedent's will, and there is an order of preference for intestate estates.

Any Florida resident who is not under legal disability is qualified to act as a personal representative. However, minors, convicted felons, and individuals who are mentally or physically unable to perform the duties will be disqualified. Non-residents and foreign individuals may also qualify, as long as they meet the criteria pursuant to Florida Statutes 733.304.

Once a personal representative has been appointed, that individual owes a fiduciary to the survivors of the decedent and the estate. For example, the personal representative owes a duty to apportion any proceeds received in a nonspecific settlement in a reasonable manner. The personal representative will be held liable for acting improperly or in bad faith. Therefore, appointing an appropriate personal representative may effect the outcome of a wrongful death action. Call a Florida wrongful death attorney right away to secure your rights 1800-74-TRIAL.

When Does a Wrongful Death Action Accrue?

Thu, 10 Feb 2011 08:00:00 EST

A wrongful death cause of action accrues upon the death of the decedent. The wrongful death action allows the decedent's surviving beneficiaries to recover damages for the loss of their loved one. A personal representative is appointed to institute the action on behalf of the decedent's surviving beneficiaries. Florida's Wrongful Death Act does not preserve the decedent's right to recover for personal injury, but it creates a new right of action for the surviving beneficiaries to recover for the injuries they have sustained as a result of the decedent's death. However, if the decedent had no valid cause of action at the time of death, the surviving beneficiaries will not be able to recover damages. To ensure that you recover damages for your wrongful death action call Sharmin & Sharmin P.A. for answers right away. 1800-74-TRIAL.

Statutory Authority for Wrongful Death Cases

Wed, 09 Feb 2011 08:00:00 EST

If you have a wrongful death claim in West Palm Beach, Florida you probably want to know whether Florida law will recognize your case. Although there is no common law cause of action for wrongful death cases in Florida, you have a statutory right under Florida's Wrongful Death Act to bring your wrongful death claim. A West Palm Beach, Florida court will liberally construe the Wrongful Death Act to ensure that the remedial function of the law is fulfilled. Therefore, it is important that you have an experienced West Palm Beach wrongful death attorney to ensure that your losses are remedied by the wrongdoer.

Florida DePuy ASR lawsuit attorney for Monetary Damages

Tue, 08 Feb 2011 08:00:00 EST

Wow! DePuy ASR has already started to send out letters attempting to limits it's exposure by offering to pay some money for it's victims but leaving out monies whihc could be awarded by a Jury after evidence of a life care plan is presented.

Please call your Florida DePuy ASR lawyer to get help in find out what your legal rights are before you sign anything sent to you by DePuy.

See: http://www.sharminlaw.com/library/depuy-recall-reimbursement-guidlines-do-not-agree-unless-you-consult-and-attorney-first-call-18.cfm

DePuy ASR Letter from the Doctor | Call your lake worth DePuy ASR attorney today

Sun, 06 Feb 2011 08:00:00 EST

If you had a DePuy ip implant and received a letter from your doctor please do not do anything untill you speak to a Lake Worth DePuy implant lawsuit lawyer by calling 1855-HIPS-911. The letter was prepared by the manufacturer and sent to doctors and does not fully advise you of your potential damages. If you want to read the letter follow the link below.

DePuy ASR doctor letter:
http://www.sharminlaw.com/library/depuy-asr-physician-recall-letter-florida-depuy-asr-lawsuit.cfm

West Palm Beach Florida DePuy ASR lawsuit attorney

Sat, 05 Feb 2011 08:00:00 EST

Perhapse, the most important in the DePuy ASR time line was July 17th, 2010 when the FDA notified the public that Depuy is recalling the ASR, this was followed by an August 2010 Depuy worldwide recall of the ASR. On August 19th 2010 the FDA sent a letter to DePuy warning them of noncompliance and on August 26th , 2010, J&J/DePuy issues a worldwide recall of both the ASR Hip Resurfacing System and the ASR XL Acetabular System. The decision is the result of a determination that the failure rate for both systems was over 12%. For a full timeline of the DePuy Events please call 1855-HIPS-911 and ask to speak to a West Palm Beach Florida DePuy lawyer.

Who is considered a Minor in a Florida Wrongful death action

Fri, 04 Feb 2011 08:00:00 EST

Although we think of minors as anyone under the age of 18, under the Florida Wrongful Death Act a minor is anyone under the age of 25. This is probably closer to reality in terms of how long children receive financial support from their parents. Another interesting issue is can boilogical children who have never been adopted or recognized by the biological father make a claim from rongful death if their biological father dies. For more information go to:
http://www.sharminlaw.com/library/florida-wrongful-death-lawyer.cfm

Florida Wrongful Death - Who must bring the calim

Thu, 03 Feb 2011 08:00:00 EST

Typicall once there has been a wrongful death in Florida the person's estate is represented by a "personal representative", known as the PR for short. The wrongful death claim is presented by the PR who is considered to have standing to bring the claim under Florida law.

If you have lost a loves one, time is not your friend. Call a Florida wrongful death attorney right away and secure your rights.

DePuy Hip Lawsuit | how to calculate damages

Thu, 03 Feb 2011 08:00:00 EST

Well, in order to calculate your DePuy Hip lawsuit damages, your attorney will have to hire an expert to prepare what in the law is called a life care plan. Here is what a DePuy life care plan typically includes.

Here is what a life care plan for a failed DePuy Hip product case will typically include:

1. The future cost of routine orthopedic care,
2. The future cost of Physical Therapy
3. The future cost of orthopedic equipment and supplies
4. The future cost of Orthopedic surgery and household services.

We think the cost of a life care plan for a DePuy Hip victim can be as much as 1.1 million dollars. Possibly even higher.

Call 1855-HIPS-911 today for a DePuy Hip Lawsuit attorney.

Florida Wrongful Death Act and protection for Minors

Wed, 02 Feb 2011 08:00:00 EST

Section 768.25 of the Florida Wrongful death act state that if there are beneficiaries that object to amount or apportionment of any settlement or if there are minors or a person who is incompentent, that the court shall approvel the settlement before one is agreed upon by the personal representative of the estate.

West Palm Beach Car Accident Final Pretrial Order

Tue, 25 Jan 2011 08:00:00 EST

Prior to your West Palm Beach car accident trial, the judge will issue a final pretrial order whch identifies the trial date for your West Palm Beach car accident and sets final deadlines for discovery completion and exchange among the parties. Typically, the final pretrial order would contain language regarding when the parties shall exchange all exhibits, that all exhibits must be pre-marked, all curriculum vitaes for experts must be exchanged, pre-trial briefs must be filed with the clerk and a joint stipulation of uncontested facts must be filed, any objections to witnesses or exhibits must be stated in the pre-trial brief and the grounds and authority for the objections must be cited, proposed jury instructions and voir dire questions must be submitted along with any deposition transcripts. A fina pre-trial order may contain various other designations, but these are among the more common ones.

$50, 591, 035.87 Verdict in a case where Worker Falls from Scaffolding

Sat, 22 Jan 2011 08:00:00 EST

Congratulations to David Golomb, Esq. of the Law Offices of David Golomb in New York, New York for the verdict he obtained on behalf of a worker who fell 20 feet from scaffolding. The plaintiff sustained multiple injuries, including a spinal cord contusion with T11 paraplegia, skull fractures, an occipital subdural hematoma, blood within the 4th ventricle and bilateral frontal and left temporal cortical contusions, which later developed into encephalomalacia. The verdict included $10,000,000 for past pain and suffering and $25,000,000 for future pain and suffering.

Mr. Golomb used multiple MediVisuals exhibits, including the ones shown below, to help demonstrate the plaintiff's initial injuries and the progression of his brain damage. Click here to read what the jurors and one of the defendant's experts told Mr. Golomb about the exhibits used in this case.

West Palm Beach Car Accident Master Trial Preparation Checklist 60 days

Fri, 21 Jan 2011 08:00:00 EST

Once a trial order has been sent out to your West Palm Beach car accident lawyer, he/she will have a list with deadlines to meet with regard to certain pretrial preparation strategies and issues. Your West Palm Beach car accident attorney will probably prepare a checklist of tasks to accomplish before the trial. Some of the things he/she might do 60 days from trial include:

all motions for summary judgment
all experts identified and deposed
all discovery responses reviewed and supplemented if needed
all of the defendant's discovery reviewed and requests for supplementation if needed
motions to compel if needed
outline of proof for liability and any defense
legal research list prep
all plaintiff's and defendant's potential subjects for motion in limine identified

30 days from trial, your West Palm Beach car accident attorney should:

have all motions in limine set for hearing
draft final trial brief
complete all witness and exhibit lists
subpoena all witnesses
argue all motions
prep witnesses
draft agreements for stipulations with the defense counsel
prepare exhibits

at the pre-trial conference, your Wet Palm Beach car accident lawyer will:

discuss jury selection
pre-marking exhibits
time limits on opening and closing statements
discuss daily court schedule
discuss equipment available in the courtroom

West Palm Beach Car Accident Stipulation Regarding Medical Bills

Thu, 20 Jan 2011 08:00:00 EST

Sometimes the parties in a West Palm Beach car accident lawsuit may agree prior to trial and enter into a stipulation as to the Plaintiff's medical bills. A stipulation as to medical bills would be signed by both the attorney for the West Palm Beach car accident plaintiff and the defense attorney and might include the following information:
a statement that the medical services reflected in the attached medical expenses totaled x amount and that they were reasonable necessary to treat the West Palm Beach car accident plaintiff;s injuries or medical condition and that the charges for such treatment were fair and reasonable and the statments are ture and accurate copies of the originals.

West Palm Beach Car Accident Stipulation Regarding Medical Records

Wed, 19 Jan 2011 08:00:00 EST

Usually prior to your West Palm Beach car accident trial, the attorneys for the West Palm Beach car accident plaintiff and defendant will be required by the court to prepare a joint pretrial statement and identify any stipulations of agreements the parties may have to save time at trial and simplify the issues for the judge and jury. Most parties will stipulate to some facts in the case like when the accident occurred and as to some evidence such as business records or medical records. A typical stipulation for medical records in a West Palm Beach car accident case might say that the parties agree to the entry of the plaintiff's medical records which include identifying the source of the reocords and type of records and then it would say that the records were kept in the ordinary course of business for that particulae health care provider's business. The records must be made at or near the time of the event or transaction and that the copies are true and genuine reproductions of the originals.

A stipluation as to medical records only means that no other testimony is required to qualify them as business records. The records are still subject to other substantive and procedural objections.

$4,800,000.00 Verdict - Multiple Traumatic Injuries from Fireworks Show

Tue, 11 Jan 2011 08:00:00 EST

$4,800,000.00 Verdict - Multiple Traumatic Injuries from Fireworks Show

Congratulations to Scott Surovell of Surovell, Markle, Isaacs & Levy, PLC in Fairfax, Virginia for the verdict he obtained on behalf of a woman who was injured during a firework display.

The plaintiff was watching the display when one of the rockets jetted into the crowd and exploded on her left side. Her injuries included: first and second degree burns, multiple penetrating wounds, a fracture of her left lower arm, and a >50% perforation of the tympanic membrane in her left ear. She underwent extensive surgical excision and debridement to clean and extract fireworks wadding from her multiple wounds. A tympanoplasty was performed to repair the left tympanic membrane perforation defect, using a graft from her temporalis fascia. Her distal radius fracture was fixated; however, the hardware later became painful and was removed.

Mr. Surovell used multiple MediVisuals exhibits, including the ones shown below, to help demonstrate the plaintiff's most significant injuries and surgeries.

West Palm Beach Car Accident Affidavit Certifying Business Records

Fri, 07 Jan 2011 08:00:00 EST

In a West Palm Beach car accident case, an affidavit certifying business records usually includes the person's name and that they are swearing under oath before a notary public in sound mind that they are the records custodian for whatever agency/business and that attached are the records requested which include the number of pages and who or what they pertain to and that they are kept in the regular course of business and are kept to transmit information in the record as to an act, event, condition, opinion, or diagnosis at or near the time of the act, event or condition. Lastly, the affidavit might state that the records are exact duplicates of the original.

West Palm Beach Car Accident Notice of Intention to Introduce Business Records

Thu, 06 Jan 2011 08:00:00 EST

Typically, when a West Palm Beach car accident lawyer wants to get business records into evidence, rather than having to call the records custodian to testify as to the authenticity of the records, the custodian can sign an affidavit under oath certifying authenticity and under certain rules of evidence and procedure this is sufficient to get the records into evidence. This saves the jury and Court time by not having to hear testimony from the custodian. Testimony can be focused on the more important issues such as the injuries, treatment, medical bills, past, present and future lost wages, medical costs, etc. Also, by giving the opposing West Palm Beach car accident lawyer notice, there is no surprise and if he/she wants to file an objection they are free to do so. The Court may then decide if all or part of the records come into evidence.

West Palm Beach Car Accident Trial Notebook Checklist

Wed, 05 Jan 2011 08:00:00 EST

Before your West Palm Beach car accident lawyer assembles his/her trial notebook, he/she may prepare a checklist of items to be included and deadlines for each item. The checklist typically has the West Palm Beach car accident client's name and the case name and hthen deadlines for the following tasks to complete:

mediation, amended pleadings, pretrial conference, trial date, jury intructions, interrogatories, expert reports, exchange deadlines, discovery deadlines, witness deadlines, exhibit deadlines, subpoena deadlines, amended pleadings, medical records, research, medical bills summary and bills, label exhibits, power points, visuals, direct exam, cross exam, interview witnesses, subpoena witnesses, deposition designations, voir dire, jury instructions, verdict forms, closing argument.

West Palm Beach Car Accident Trial Notebook Outline

Tue, 04 Jan 2011 08:00:00 EST

Most West Palm Beach car accident trial lawyers will prepare a notebook to have with them during your West Palm Beach car accident trial. Usually the notebook is categorized and organized with the following information:

West Palm Beach car accident case summary, police reports, investigator reports, expert reports, pretrial memos and/or orders, pleadings and any amended pleadings, statutes, pleadings summary and index for complex cases, interrogatories with answers, request to produce with answers and documents, deposition summaries, request for admissions and responses, and other discovery that may be relevant. The West Palm Beach car accident trial notebook will also include motions with responses in chronological order, motion fomrs and stipulation forms, reqeusts for judicial notice, proof list for elements of claims/defenses, witness and exhibit lists for plaintiff and defendant, juror profile and questions, jury instructions, voir dire questions, opening statement outline, direct exam of each witness, cross exam of each witness, closing argument outline, blank pages for notes, rules of evidence, objections, foundation and expert checklist.

$7,366,252.00 Verdict | Paraplegic victim of car accident

Thu, 30 Dec 2010 08:00:00 EST

$7,366,252.00 Verdict – Severe Spinal Trauma Resulting in Paraplegia from a Multiple Vehicle Collision
Congratulations to David R. Lira and Christopher T. Aumais of Girardi & Keese in Los Angeles, California for the award they obtained on behalf of a woman who was severely injured in a multiple vehicle collision.

The defendant, who was operating his employer's van, caused a six car collision on State Route 180 in Frenso, California. The plaintiff, who was wearing her seat belt, was the second vehicle hit in the collision and sustained the following injuries: left ankle contusion, abdominal wall contusion, and a T11 vertebral fracture with prevertebral edema. Even though her spinal cord was not severed during the collision, there was irreparable nerve damage, which rendered her an incomplete paraplegic. She now has limited physical mobility and self-care deficits.

Mr. Lira and Mr. Aumais contended that the defendant's employer negligently entrusted their vehicle to the defendant and that he was negligent in the operation of the vehicle. They claimed that the plaintiff was entitled to past medical costs totaling over $224,998 and future medical care costs, including 12 hour/day attendant care, totaling $2,800,000. Since the plaintiff would not be able to return to work as a traveling caregiver, they sought lost past and future earrings (to age 67) of $131,530, as well. The defendant's pre-trial offer was $450,000. After a four and one half week trial, and two and one half days of deliberations, the jury returned a verdict in favor of the plaintiff.

MediVisuals developed the exhibits shown below to demonstrate the plaintiff's most significant injuries.

see Medivisuals link

West Palm Beach Car Accident Motion to Sever

Fri, 24 Dec 2010 08:00:00 EST

The Court can sever any claim, cross-claim or third-party claim or separate issue in a West Palm Beach car accident case for convenience or to avoid prejudice. Typical grounds for filing a Motion to Sever include that the main claim and the counter-claim are not factually related; different causes of action should be tried separately; there may be prejudice to a party if the issues are consolidated; a claim could delay trial or there has been an improper joinder of parties. Courts are sometimes hesitant to grant motions to sever because of the cost associated with multiple lawsuits and trial. Having a memorandum of law in support of the motion might help. If the Court grants a Motion to Sever it becomes an independent action with its own proceedings, trial and judgment.

West Palm Beach Car Accident Motion to Bifurcate

Thu, 23 Dec 2010 08:00:00 EST

The Florida Supreme Court established a trial procedure whereby the issue of the amount of punitive damages is separated from determining liability, damages and entitlement to punitive damages. If a party files this type of motion it has to be granted. If a motion to bifurcate the issue of punitive damages is in your favor and your West Palm Beach car accident lawyer fails to do so it could prejudice your case. Usually, it is the defendant who would most benefit from bifurcation as the defense does not want evidence of his/her net worth to come in during the liability and damages phase of the trial. This motion should be done early on in litigation so that the opposing party cannot argue that you waited too late and thereby waived your right to bifurcate.

West Palm Beach Truck Accident Juror Questionnaire

Wed, 22 Dec 2010 08:00:00 EST

A juror questionnaire in a West Palm Beach truck accident case helps the Court select a jury. You might find the following questions on a West Palm Beach truck accident juror questionnaire:

1. name, address, age?
2. Rent/own home?
3. Age?
4. health (any physical or medical problems)?
5. education and training, skills?
6. employer and your duties?
7. retired? disabled? unemployed?
8. military?
9. marital status? spouses's education and employment background?
10. hobbies/interests?
11. social/civic/political involvement?
12. ever served on a jury before?
13. ever been a party to a lawsuit?
14. ever been imprisoned?

These are just a few of the many questions a potential juror in a West Palm Beach truck accident might expect to answer before jury selection begins. They help the Court and the West Palm Beach car accident attorneys gather a profile of the jury pool in an attempt to get the most fair and impartial jury possible.

West Palm Beach Car Accident Wrongdul Death Plaintiff's Opening Statement

Tue, 21 Dec 2010 08:00:00 EST

In a plaintiff's opening statement in a West Palm Beach car accident wrongful death case, you would first expect the West Palm Beach car accident attorney to introduce himself/herself to you and identify their client/clients. You would also expect for him/her to acknowledge the victim and that he/she diede as a result of a West Palm Beach car accident. The West Palm Beach car accident lawyer might then go on to explain what the case is about and how the the accident occurred. If for instance, the West Palm Beach car accident lawyer is representing a woman and her children for the loss of their husband and father respectively, you would hear also about the damages they have suffered such as loss of benefit of employment, and earnings and income, loss of benefit from services around the home, loss of training and guidance for the children, cost of funeral and medical expenses. The attorney might then tell you briefly what the evidence in the cae will be and the kind of person the deceased was and how his death has impacted the plaintiffs.

West Palm Beach Car Accident Defense Motion in Limine

Sat, 18 Dec 2010 08:00:00 EST

A Motion in Limine is filed to prevent the opposing counsel from introducing evidence that is improper or highly prejudicial to the other party. The goal is to have the judge limit any evidence from coming in that might be confusing or misleading to jury in a West Palm Beach car accident trial. If the defense counsel files a motion in limine before your West Palm Beach cafr accident trial begins, your West Palm Beach car accident lawyer will ahve to respond and there will need to be a hearing before the judge to determine what evidence can come in and what stays out. Some of the the things the defense counsel might try to keethe jury from hearing in your West Palm Beach car accident case are: that fact that there was liability insurance to indemnify the defendant, injuries not being causally related to the accident, whether the defendant consumed alocoholic beverages the day before the accident, defendant's prior accidents, plaintff's lost wages storage charges for plaintiff's vehicle, statements by the plaintiff as to the speed the defendant may have been driving and any mention of plaintiff's future lost wages and future complications from injuries.

West Palm Beach Car Accident Impeachment by Omission

Fri, 17 Dec 2010 08:00:00 EST

In the courtroom, it's not always about what someone did but sometimes it comes down to what someone did not do. When you are trying to impeach a witness in a West Palm Beach car accident trial, you sometimes have to back them into admitting that they failed to do something which may have caused harm to the Plaintiff. For instance, if you see a nurse at a hospital and give her your medical history including your current medications and she fails to list the medications on your records or ask you and document when you last took your medication and the lack of documentinf the answers to these questions cause the doctor to make decision regarding your treatment that he/she might not otherwise have made, then the nurse failed to properly document your medical history by omitting pertinent information that she may remember and testify to at trial but that cannot be found in any medical records.

$9,075,000.00 Settlement - Injuries from a car acident

Thu, 16 Dec 2010 08:00:00 EST

Congratulations to Charles G. Monnett, III of Charles G. Monnett, III & Associates in Charlotte, North Carolina for the settlement he obtained on behalf of a family who were injured in a motor vehicle collision.

The case involved a family who was traveling on a road when an underage and impaired driver struck their car, shortly after purchasing alcohol at a convenience store. The collision resulted in the severe traumatic brain injury to a 4-year-old child, death of an unborn child, and multiple orthopedic injuries to the mother and other family members in the car.

It woudl be interesting to find out if there was a caim brought against the store that sold the alcohol to the minor, or to the minor's parents for the conduct of their child. Needless to say the Florida law may differ from North Carolina law in these regards.

Mr. Monnett used multiple MediVisuals exhibits, including the ones shown below, to help demonstrate the plaintiffs' most significant injuries and surgeries. To view additional exhibits similar to these, please click the following keywords: traumatic brain injury, pregnancy, personal injury.

Stuart v. Hertz - Florida car accident lawyer

Thu, 16 Dec 2010 08:00:00 EST

The case of Stuart v. Hertz, 351 So2d 703 (Fla. 1977); Dungan v. Ford, 632 So.2d 159 (Fla. 1st DCS 1994), which is a landmark case stand for the proposition that If a Jury finds from the evidence that a plaintiff suffered injuries as a result of a defendant's negligence and that any of Plaintiff's injuries or damages were aggravated or increased as a result of the negligence, mistake, or lack of skill of plaintiff’s treating physicians, then, as a matter of law, that defendant is legally responsible for any aggravation or increased injury or damage that resulted from the negligence, mistake, unskillful, or unsuccessful treatment provided by any of plaintiff's treating physicians.

West Palm Beach Car Accident Cross Exam Concession from West Palm Beach Car Accident Expert

Thu, 16 Dec 2010 08:00:00 EST

Medical terminology can often be misleading which in the courtroom, lawyers will take advantage of if they can. Your West Palm Beach car accident lawyer should have a good understanding of your injury and what your diagnosis is, what your long-term prognosis is, etc. For instance, you have a mild brain injury, there is not really anything "mild" about a brain injury. Your West Palm Beach car accident attorney should carefully examine any experts as to what this means and what types of events can cause brain injuries and whether they are always identifiable through diagnostic imaging such as MRIs, X-rays, and CT scans. You could be profoundly disabled and have a "mild" brain injury. It is your West Palm Beach car accident attorney's job to insure that any testimony regarding your injuries is not misleading to the jury so that there is a clear understanding of what your long-term prognosis and care will involve.

Sharmin & Sharmin New web site

Sun, 28 Nov 2010 08:00:00 EST

Our new website should be launching in a week or two. We are very excited about it and hope that it will be a reat resourse for our existing and potential clients.

Motorcycle rider without PIP coverage|Florida car accident

Sun, 28 Nov 2010 08:00:00 EST

Can a Motorcycle rider without PIP coverage who get's hurt in a Florida car accident get covergae for PIP benefits, if they are hot by aother driver who has PIP coverage and negligantly injued the motorcycle rider? The answer is no, not under the PIP policy of the other driver. This is unfortunate because there are no laws compelling motorcycle riders to purchase PIP insurance, whihc is particularly ironic given that fact that the motorcycle riders is probably at a much higher risk of getting hurt in an accidetn than an auto passenger.

Sharmin & Sharmin News

Sat, 13 Nov 2010 08:00:00 EST

We are gogin to launch our new web site next week.... looking forward to it.

West Palm Beach Car Accident Cross Exam Concessions from Defense Radiologist

Tue, 09 Nov 2010 08:00:00 EST

If you have been injured in a West Palm Beach car accident and have sustained injuries, chances are you will probably have at least one MRI done. MRIs typically show disc bulges and herniations in the neck and back which are two of the most common areasof injury to a person in a West Palm Beach car accident. MRIs have to be interpreted by a radiologist trained in reading them and drawing medical conclusions based upon the reading of the image. Radiologists almost never actually see or examine the West Palm Beach car accident victim or review their medical history or even see previous MRIs if the person has had them. Therefore, their opinions and testimony are limited and they should not testify as to a patient's symptoms, pain, prior injuries, etc. unless they have met with the patient and have a basis for doing so.

West Palm Beach Car Accident Cross Exam of Qualifications of West Palm Beach Car Accident Expert

Mon, 08 Nov 2010 08:00:00 EST

Once you haven entered the trial phase of your West Palm Beach car accident case, it essentially becomes a battle of the experts. One of the ways in which your West Palm Beach car accident lawyer can limit the credibility of the defense doctor is to attack his credentials/qualifications. Your West Palm Beach car accident attorney will want to study the defense doctor's resume and maybe depose hime/her prior to trial. Sometimes, doctors practice in the field of internal medicine which is a more general or broader area than say a neurosurgeon. Your West Palm Beach car accident attorney may be able to cast doubt on the doctor's ability to form opinions as to your injuries esepcially if you have undergone surgery and the doctor is not a surgeon and has only a general understanding of your symptoms and injuries.

West Palm Beach Car Accident Hearsay Exceptions II

Sun, 07 Nov 2010 08:00:00 EST

There are several other hearsay exceptions your West Palm Beach car accident attorney will have to be familiar with during the course of your West Palm Beach car accident trial. An excited utterance is an exception to the hearsay rule concerning an out-of-court statement concerning a startling event that is made while the declarant is under the stress of the excitement caused by the event. The bodily condition or state of mind exception is a statement about the declarant's then existing state of mind, emotion, sensation, or physical condition that goes to plan, intent, motive, design, mental feeling, pain, and bodily health. Statements made for medical diagnosis or treatment and past recollection recorded are also exceptions to the hearsay rule that may be used during the course of your West Palm Beach car accident litigation.

West Palm Beach Car Accident Hearsay Exceptions I

Sat, 06 Nov 2010 08:00:00 EST

If your West Palm Beach car accident case proceeds to trial, your West Palm Beach car accident lawyer will undoubtedly have to deal with issues of hearsay during the course of the trial. Hearsay is an out-of-court statement offered for the truth of the matter asserted.Generally, these statements are not allowed to some into evidence at trial due to reliability issues. However, there are exceptions to the hearsay rule.

1. Admission--this is an out-of-court statement made by a party that is being offered as evidence against that party at trial

2. statements of co-conspirators

3. prior inconsistent statements where the out-of-court statement is inconsistent with what is being offered at trial

4. prior consistent statements--out-of-court statement consistent with declarant's testimony at trial and offered to rebut charge of recent fabrication or improper influence or motive

5. identification out-of-court when identification is made after perceiving the person

6. present sense impression--particular event where declarant made statement while experiencing the event or shortly thereafter

West Palm Beach Car Accident Defendant's Motion for Directed Verdict

Fri, 05 Nov 2010 08:00:00 EST

The defense may also ask the Court to enter a directed verdict in your West Palm Beach car accident case at the close of all evidence by stating to the Court that no evidence was offered or received which raises to the jury an issue on allegations of negligence in West Palm Beach car accident plaintiff's petition or that no evidence was offered or received upon trial tending to prove that the defendant was guilty of negligence and that the West Palm Beach car accident plaintiff was contributorily negligent which was the sole cause of the injury.

West Palm Beach Car Accident Plaintiff's Motion for Directed Verdict

Thu, 04 Nov 2010 08:00:00 EST

If your West Palm Beach car accident case proceeds to trial, your West Palm Beach car accident lawyer may move for a directed verdict in your case at the close of evidence on the issue of contributory negligence if it is being raised by the defense by filing a motion with the court asking the court to enter a directed verdict in your favor and against the defendant if the following occurs: no evidence is offered which raises to the jury the issue of contributory negligence in the defendant's answer or no evidence was offered to prove West Pam Beach car acccident plaintiff was guilty of contributory negligence.

West Palm Beach Car Accident General Jury Instructions

Wed, 03 Nov 2010 08:00:00 EST

At the beginning of your West Palm Beach car accident trial, the judge will give the jury general instructions which are designed to outline the legal rights and duties of the parties and how the law applies to the facts the jury will have to decide. The judge will go over opening statements which is the opportunity for each side to tell the jury what they expect the evidence will be and that this is not proof, the West Palm Beach car accident attorneys may go over what the evidence will be such as testimony, exhibits, pictures, objects. The judge will then go over objections and what those are and how his/her ruling should not influence the jury and that if he/she sustains the objection the jury cannot consider the evidence, but if he/she overrules the objection, then the jury can consider the evidence. The jury will be asked to keep an open mind and not to engage in nay preliminary discussions among themselves or with anyone else inlcuding the lawyer and parties. After closing arguments and final jury instructions, the jurors will be allowed to dleiberate and consider the evidence and review their notes if they took any. Juror notes are destoryed after the verdict is read.

West Palm Beach Car Accident--Final Jury Instructions

Tue, 02 Nov 2010 08:00:00 EST

The judge at your West Palm Beach car accident trial will give general jury instructions at the beginning of your trial and at the end he/she will give specific jury instructions that explain the law of your West Palm Beach car accident case to the jury. He/she will explain what negligence means in your jurisdiction, that they can only rely on the evidence presented in the case and reasonable inferences drawn from it, he/she will discuss fault and percentage of fault if the defense is claiming contributory negligence, he/she will discuss determining whether the defendant directly caused or contributed to your injuries and then determing a total amount to fairly and justly compensate the plaintiff for his/her personal injuries.

West Palm Beach Car Accident Trial Notebook

Sun, 31 Oct 2010 08:00:00 EST

Once your West Palm Beach car accident case has been set for trial, your West Palm Beach car accident lawyer will begin to prepare your case to be presented to a jury. This is a very time consuming endeavor and most West Palm Beach car accident trial attorneys use a notebook to keep track of what they will need in a trial. It will usually include the following:

1. a case summary
2. reports--police, investigators, experts
3. pretrial orders
4. pleadings and amended pleadings
4. applicable statutes
5. discovery--interrogatories, request to produce, depsition summaries, and requests for admission
6. motions and orders
7. stipulaitons
8. requests for judicial notice
9. proof list--elements, claims, defenses
10. witness list
11. exhibit list
12. juror profile
13. voir dire questions
14. jury notes
15. outline for direct exams and cross exam
16. outline opening and closing statements
17. jury instructions/verdict forms
18. rules of evidence/objection checklist

West Palm Beach Car Accident Plaintiff's Motion in Limine on Defendant's Closing Argument in Wrongful Death Case

Sat, 30 Oct 2010 08:00:00 EST

Your West Palm Beach car accident attorney will want to limit what information the defense attorney references in your West Palm Beach car accident trial. Some of the issues your West Palm Beach car accident lawyer may want to prohibit the defense counsel form mentioning are the following:

1. no mention of insurance (Medicare, Medicaid, health insurance, any other major insurance
2. whether you smoke or drink
3. problems in your marriage or work
4. not following prescriptions ordered by the doctor
5. not subject to income tax
6. the effects of a judgment on the future of the defendant

Depending upon the facts of your particular West Palm Beach car accident case, your West Palm Beach car accident lawyer may want to limit other issues as well.

West Palm Beach Car Accident Defense Motion in Limine Closing Argument

Fri, 29 Oct 2010 08:00:00 EST

West Palm Beach car accident lawyers will try to limit the other side's evidence as much as possbile once a trial is imminent by filing a Motion in Limine. These motions ask the Court to rule on evidentiary issues before a trial, so that both sides get fair treatment and reduce the prejudice to their client. Some of the types of things a defense attorney might try to prohibit your West Palm Beach car accident lawyer from introducing is information regarding the existence of an insurance liability policy, the types of injuries you as the West Palm Beach car accident plaintiff sustained, alcohol consumption by the defendant the day before the accident, whether the defendant has been involved in prior accidents, the plaintiff's lost wages and any future medical complications. The burden is on the moving party to demonstrate the prejudice to their client if this information os made known to the jury.

West Palm Beach Car Accident Special Verdict Form

Thu, 28 Oct 2010 08:00:00 EST

If the defendant claims that you, the West Palm Beach car accident plaintiff, was partially at fault in the West Palm Beach car accident and the case goes to the jury, you might see the following questions on the verdict form:

1. Was the defendant negligent in one or more ways as claimed by the West Palm Beach car accident plaintiff?
2. Was the defendant's negligence the proximate cause of injuries and damages to the West Palm Beach car accident plaintiff?
3. Was the West Palm Beach car accident plaintiff negligent?
4. Was the West Palm Beach car accident plaintiff's negligence the proximate cause of the plaintiff's injuries and damages?
5. Using 100% as the total, what percentage at fault was the defendant and what percentage at fault was the plaintiff.

If the jury finds you were some percentage at fault, the judge will reduce the jury award by the percentage of fault the jury finds you.

West Palm Beacg Car Accident Plaintiff's Motion for Judgment Notwithstanding the Verdict

Wed, 27 Oct 2010 08:00:00 EST

When a defendant answers a complaint in a West Palm Beach car accident, they also have to raise any affirmative defenses they believe apply to the case. Usually the defendant will assert contributory negligence by saying that the plaintiff was somehow partially at fault for the West Palm Beach car accident. If your case proceeds to trial, the defendant will have to prove this as a matter of law. Your West Palm Beach car accident lawyer upon conlcusion of the trial may ask for a directed verdict on the issue and the judge may grant or deny it. If the case proceeds to the jury and they render a verdict findding you to be some percentage at fault, your West Palm Beach car accident attorney may file a Motion for Judgment Notwithstanding the Verdict stating that the defendant failed to prove that had you been more careful you could have avoided the accident.

West Palm Beach Car Accident Motion for Remittitur or New Trial

Mon, 25 Oct 2010 08:00:00 EST

If your West Palm Beach car accident lawyer takes your West Palm Beach car accident case to trial and you are successful against the defendant, depending upon the amounts the jury awards you in damages, the defendant might file a motion for remittitur or for a new trial. Remittitur is where the judge reduces the amount awarded by the jury. You might expect to see this if the damages the jury awards for past medical, lost wages, and future medical is disproportionate to the amount of non-economic damages awarded given the nature of the injuries.

West Palm Beach Car Accident Plaintiff's Motion for Prejudgment Interest

Sun, 24 Oct 2010 08:00:00 EST

The demand period in a West Palm Beach car accident case is important because if the insurance company fails to settle with you and you later receive a verdict in excess of th policy or demand amount, you may be entitled to prejudgment interest. The demand period is the time from which your West Palm Beach car accident lawyer sends a certified letter along with certian documents usually doctors reports and medical records and MRI's which state to the insurance adjuster your position and demand for settlement for a certain amount which may be the policy limits depending upon your case and the nature of your injuries. Once the demand is made, the insurance company has a certain time in which they can accept, reject, or make a counteroffer. If your West Palm Beach car accident lawyer does not settle with them and has to file a lawsuit and a jury renders a verdict in your favor, you could be entitled to prejudgment interest if your West Palm Beach car accident lawyer can show that you made a demand by certified mail, you received a verdict in excess of the demand. The interest accumulates and is calculated from the day the demand period expires.

West Palm Beach Car Accident Defendant's Motion for Costs

Sat, 23 Oct 2010 08:00:00 EST

Prior to commencing trial, the defense attorney usually serves on your West Palm Beach car accident lawyer an offer of judgment for some amount of money. Your West Palm Beach car accident attorney will then discuss it with you and you have to either accept it or reject it. If you reject it and proceed to trial and the jury comes back with a verdict less favorable than what the defendant offered, then they have the legal right to pursue you for their costs under the Florida Rules of Procedure. They will file a motion asking the Court to award them costs and the judge will have to listen to argument and make a decision.

Wesr Palm Beach Car Accident Plaintiff's Motion to Increase Preemptory Challenges

Fri, 22 Oct 2010 08:00:00 EST

If your West Palm Beach car accident case proceeds to trial, your West Palm Beach car accident lawyer will have to choose a jury in a process known as voir dire. This is the most important part of your West Palm Beach car accident trial, since you want to have an impartial and fair jury. Jury pools are selected randomly usually through DMV registration, so you never know who is on your jury until the West Palm Beach car accident attorneys read the jury questionnaires. It is possible that you could end up with a jury pool that consists of a lot of doctors and/or engineers. People with this kind of specialized training, can pose problems to your case when it involves engineering and medicine because they might unduly influence the other jurors and then you would essentially be trying your case to one juror instead of six. If this turns out to be the case, your West Palm Beach car accident lawyer may motion the court to have more preemptory challenges to disqualify jurors. Each party in a case only gets so many challenges to a jury and then they can only be dismissed for cause. Your West Palm Beach car accident lawyer wants to insure you get the most fair jury possible.

West Palm Beach Car Accident Jury Questionnaire

Thu, 21 Oct 2010 08:00:00 EST

Prior to commencing your West Palm Beach car accident trial, your West Palm Beach car accident lawyer and the defense lawyer will have to select a jury to serve on your case. The potential jurors will complete a jury questionnaire made up of questions that are designed to determine whether a person can be fair to both sides when making a decision in your case because people have attitudes and opinions that shape their life experiences and jurors are required to return a verdict based upon the law and not their emotions. A judge will give the jurors instructions about deciding the case which they are required to listen to and follow. Some of the types of questions a potential juror in your West Palm Beach car accident case might expect to answer are the following:

age, sex, language, residence, hoe long resided there, type of residence, where born, own/rent, own/lease/drive a car, year/make/model of car, employment status and occupation and responsibilities, level of education, marital status, information about spouse, children, ever been involved in a lawsuit involving personal injuries or know someone who has, and then there will be a series of statements that the juror must agree/disagree/ or state whether they are unsure about.

West Palm Beach Car Accident Cross Exam of Defense Doctor Qualifications

Wed, 20 Oct 2010 08:00:00 EST

Your West Palm Beach car accident lawyer will request a copy of an potential defense expert witness's C.V. in anticipation of trial. He/she will probably research it extensive and pull any articles the doctor may have written or research any medical complaint or malpractive claims to prepare for trial and try to create some doubt as to whether this is the appropriate doctor to draw conclusions about your injuries from your West Palm Beach car accident case. Your West Palm Beach car accident attorney may also questions the doctor about errors and remissions as sometimes a person's pain may subside and then come back or rise and fall. He/she may also inquire as to the fact that pain is subjective and there are patients who can have injuries without objective evidence to verify it.

West Palm Beach Car Accident Cross Exam of Defense Doctor Examination of Plaintiff

Tue, 19 Oct 2010 08:00:00 EST

If your West Palm Beach car accident case end up in a trial, the defense will call their own expert witness doctor to testify about your injuries and his conclusions after examining you. Your West Palm Beach car accident lawyer will have an opportunity to ask the defense doctor some questions on cross-examination. Here are some of the questions your West Palm Beach car accident attorney might ask the doctor regarding your injuries and exam:

1. when did the doctor first see you?
2. who asked that the doctor see you?
3. how long did the exam take?
4.what records were reviewed?
5. has the doctor seen you since?
6. only saw one time?
7. did not see you for treatment of injuries but to report findings in anticipation of trial?
8. how much being paid to testify
9. how much paid to review records?
10. speak with defense representative prior to testimony?
11. talk to treating doctors?
12. what percentange of your income is from doing defense medical examinations?

West Palm Beach Car Accident Closing Argument Automobile Collision

Tue, 19 Oct 2010 08:00:00 EST

Every West Palm Beach car accident case is unique on its own facts; however, the typical West Palm Beach car accident case involves a claim of negligence. If your West Palm Beach car accident lawyer proceeds to trial on your case, he/she will have to deliver a closing argument to the jury. Closing arguments can some in many forms depending upon the West Palm Beach car accident attorney giving them, but they essentially have common components such as a claim for negligence that the defendant failed to use a reasonable degree of care (the act does not have to be intentional), eyewitness testimony summary of injuries to the plaintiff with testimony from doctors and their reports and records damages (medical expenses, future medical expenses lost wages, future lost wages, mental anguish and pain and suffering).

West Palm Beach Car Accident Plaintiff's Motion in Limine to Bar Defendant from Offering Evidence Concerning Prior Injury

Sun, 17 Oct 2010 08:00:00 EST

On of the factors that will and can impact your West Palm Beach car accident case is whether you have had any prior injuries to the same area you received injury to as a result of the West Palm Beach car accident. Insurance companies will always try to minimize your injuries and blame it on a pre-existing injury. Your West Palm Beach car accident lawyer will want to know all of your prior injuries particularly if they are to the same area you currently have injuries to. Depending upon the time passed since the other injury and whether you fully healed and had not long-term or ongoing issues from that injury, it may or may not be relevant to the current injury. Your West Palm Beach car accident attorney will know how to handle any suggestions from the insurance company that your injuries are pre-existing depending upon the particular facts of your case. If the defense insists on trying to introduce this evidence to a jury and your West Palm Beach car accident lawyer feels it is irrelevant, prejudicial and potentially misleading to a jury, then he/she will file a Motion in Limine to have the judge rule on the issue before it proceeds to trial.

West Palm Beach Car Accident Plainitff's Motion in Limine to Exlcude Defendant's Expert Testimony

Sun, 17 Oct 2010 08:00:00 EST

When expert witness testimony is offered in a West Palm Beach car accident case, the expert must be qualified and have sufficient training, knowledge and experience about the issue to which they will testify. If your West Palm Beach car accident case proceeds to trial and the defense wants to call as an expert a biomechanical engineer to discuss that causation of motor vehicle accidents and in the course wants to have that expert testify about your injuries, your West Palm Beach car accident lawyer is going to object unless the engineer is also a trained medical doctor who has experience with physical injuries as they are related to West Palm Beach car accidents. Most likely they do not however. The expert's opinions must also be valid and reliable and based upon some accepted method of testing to reach his/her conclusion. If the defense in your West Palm Beach car accident case attempts to have their expert testify about things they are not qualified to render an opinion on, your West Palm Beach car accident attorney will file a Motion in Limine to limit or exclude this testimony form being heard by the jury.

West Palm Beach Car Accident Plaintiff's Brief in Support of Motion to Exlcude Photographs

Sat, 16 Oct 2010 08:00:00 EST

There is no question that the first thing an insurance company looks at in a West Palm Beach car accident case is property damage. So if there is minimal property damage, they are going to fight hard to correlate your injuries with the property damage. If they try to do this through photographs, your West Palm Beach car accident lawyer will file a motion to exlcude them if there sole purpose is to try to induce the jury to believe that your injuries could not be bad because the property damage was minimal. The problems is that this is misleading and there is no scientific certaintly that minimal property damage means minimal injuries. Therefore, your West Palm ebach car accident attorney will fight to force the defense to call in an expert witness who will have to qualify his opinions and lay a proper foundation for the photographs. It really takes someone who is trained in the science of motor vehicle crashes to make an inference regarding property damage and extent of injuries in a car accident.

West Palm Beach Car Accident Request for Admissions to Defendant Uinsured Motorist Case

Thu, 14 Oct 2010 08:00:00 EST

If you are involved in a West Palm Beach car accident case with an uninsured motorist and you have UM coverage on your own policy, you will have to seek payment for your injuries under your own policy. If your insurance company does not offer to settle your case for an amount you and your West Palm Beach car accident lawyer feel is fair, then a lawsuit will have to be filed against your insurance company for your benefits. If this happens, your West Palm Beach car accident attorney will send a request for admissions to your insurance carrier and ask them to admit the following information:

1. that on X date the defendant negligently operated his motor vehicle in such a manner that caused a collision with plaintiff's car
2. that at the time of the accident, the defendant was operating an uninsured motor vehicle
3. that defendant was uninsured at the time of the accident
4. plaintiff had a UM policy in effect at the time of the accident

West Palm Beach Car Accident Request for Admission to Defense Nature of the Accident

Wed, 13 Oct 2010 08:00:00 EST

Some of the statements your West Palm Beach car accident attorney might ask the defendant to admit involve facts about the accident itself such as admitting the following are true:

1. defendant hit the rear of plaintiff's car on such a date
2. defendant had no obstructions to his/her vision
3. defendant was traveling at a speed that would not allow him/her to stop in time to avoid hitting plaintiff's vehicle
4. defendant did not apply brakes in time to avoid hitting plaintiff's car
5. there was no sudden emergency to cause the defendant to hit plaintiff's car
6. defendant was 100% at fault
7. defendant has no defenses
8. plaintiff sufferd jaw and knee injuries

West Palm Beach Car Accident Plaintiff's Request for Admission to Defendant

Tue, 12 Oct 2010 08:00:00 EST

If your West Palm Beach car accident case requires the filing of a lawsuit and preparation for a potential trial, your West Palm Beach car accident lawyer will probably send the defendant what is known as a Request for Admission with regard to certain things about your case. It could deal with how the accident happened or your injuries. If the Request for Admission involves admitting things regarding the nature of your injuries, it might include questions such as the following:

1. admit that the plaintiff suffered a broken leg
2. admit the plaintiff required surgery
3. admit screws were placed in the plaintiff's leg that will be permanent
4. admit the plaintiff suffered enough pain that prescription narcotics were required
5. admit that the plaintiff was in so much pain, he/she could not sleep normally
6. admit plaintiff was required to wear a cast and could not work
7. admit plaintiff plaintiff will suffer physiological problems
8. admit plaintiff has a limited range of motion
8. admit plaintiff cannot walk without a limp
9. admit plaintiff will be more susceptible to arthritis

West Palm Beach Car Accident Production of Documents and Other Tangible Things

Mon, 11 Oct 2010 08:00:00 EST

Your West Palm Beach car accident lawyer will want to request certain documents and things from the defendant in your West Palm Beach car accident lawsuit. Such things might include estimates, invoices, and other documents pertaining to the value of property damage your car sustained in the West Palm Beach car accident;invoices for repairs, copies of all documents reflecting costs for your car, medical records (hospital, doctor,lab, pharmaceutical); documents evidening lost wages, medical disability,W-2 statements, tax returns, payroll records, health and disability insurance, photos/videos of the injuries sustained in the West Palm Beach car accident.

West Palm Beach Car Accident Plaintiff's Request for Production of Documents

Sun, 10 Oct 2010 08:00:00 EST

In the course of conducting discovery on your West Palm Beach car accident lawsuit, your West Palm Beach car accident attorney will request the defendant produce certain documents. This is known as a request to produce and may include a request for copies of things such as the defendant's license, registrations, complete car insurance policy covering the vehicle involved in the West Palm Beach car accident, any statements the defendant has given to anyone other htan his/her attorney, the names and addresses on all witnesses, any photos, videos, or any other tangible evidence in the defendant's possession, all reports done by anyone acting on the defendant's behalf, all repair estimates, any and all surveillance reports, logs, bills, payments, etc.

West Palm Beach Car Accdient Stipulation for Videtaped Deposition

Sat, 09 Oct 2010 08:00:00 EST

It is becoming more common practice to videotape depositions as people move, work, or may otherwise be unavailable to attend a trial. Usually the parties in a West Palm Beach car accident case will stipulate or agree to the terms of videoptaping the deposition before hand and have the judge sign it so there are no misunderstandings regarding the procedures. The types of things you might find in such a stipulation are where the deposition is going to take place, time, , who will be designated the deposition officer in charge of recording the depo, who will supply all the equipment and the procedures for videotaping such as turning the camera off/on, objections, the date and time, etc.

West Palm Beach Car Accident Subpoena for Deposition

Fri, 08 Oct 2010 08:00:00 EST

Anytime your West Palm Beach car accdient lawyer wants to depose someone or have them testify at a hearing or trial, unless they agree voluntarily your West Palm Beach car accident lawyer will have to subpoena the person which means a process server will have to hand deliver a subpoena to the person notifying them of the deposition date, time, locations, and whether they are expected to bring certain documents with them. If the subpoena is to a corporate officer, the corporation may desginate the person with the most knowledge of the facts in the case to appear for the deposition. The subpoena may also state that the documents will be inspected and/or copied.

West Palm Beach Car Accident Notice of Taking Deposition

Thu, 07 Oct 2010 08:00:00 EST

If your West Palm Beach car accident case ends up in a lawsuit, it is verly likely at some point that your West Palm Beach car accident lawyer will have to depose the other party and maybe even critical witnesses in the case before proceeding to trial. If your West Palm Beach car accident attorney feels this is necessary, his/her office will prepare and send out a Notice of Taking Depostion to the person being deposed. It will include the name of your attorney who is requesting the deposition, the location, time, possibly the duration, and may ask the person to bring certain documents or things which is known as a deposition duces tecum. The deposition is taken before a court reporter who types what is being said and who swears in the deponent. The rules of perjury apply and if your attorney wants a copy of the deposition heshe will order it from the court reporter.

West Palm Beach Car Accident Plaintiff's Interrpgatories and Request to Admit DIrected at Defendant's Notice of Non-Party Fault

Wed, 06 Oct 2010 08:00:00 EST

In some cases, the defendant in a West Palm Beach car accident case will file a notice that someone else who was not named as a party the lawsuit was at fault. If this happens, your West Palm Beach car accident lawyer will probably send the defenant some interrrogatories and request to admit asking the defendant to identify people and evidence to support such a claim. Your West Palm Beach car accident attorney will want to know who filed the Notice of non-party fault, all tangible and other evidence that would support the defendant's contention that another perosn was at fault, what witnesses can testify at trial as to the theory, are there pictures, statements, diagrams, etc. in the defendant's possession to support the claim. Your West Palm Beach car accident lawyer may also ask the defendant to admit that there are no people or evidence to support the defendnt's position.

West Palm Beach Car Accident Daubert or Kumho Interrogatories

Tue, 05 Oct 2010 08:00:00 EST

Daubert or Kumho interrogatories may be helpful to your West Palm Beach car accident lawyer or the defense lawyer too if your West Palm Beach car accident attorney feels you need to hire an expert in your West Palm Beach car accident case. These interrogatories are used for the purpose of challenging an expert witness's testimony at trial and your West Palm Beach car accident lawye will know whether your jurisdiction has adopted them or some form of them. In general though, you might find the following questions in such interrogatories:

identify anyone who may be called as an expert at trial and provide their name, profession, educations, licenses, publications, lectures/speeches, and all prior court testimony, their resume and the purpose for which he/she was retained, all professionals assisting the expert, whether the scientific method was followed, etc.

West Palm Beach Car Accident Defendant's Contention Interogatories

Mon, 04 Oct 2010 08:00:00 EST

Some of the typical contention interrogatories your West Palm Beach car accident lawyer may receive from the defense attorney might include questions regarding:

what the defendant did or did not do that entitles you as the West Palm Beach car accident victim to seek the relief described in the complaint, describe all laws, codes, and regulations applicable to any claims or defense in your West Palm Beach car accident case, identify all witnesses to the events described in the complaint, identify each expert you intend to call at trial and include a copy of their resume, if you are injured, describe your injuries and damages and the elemnts of them that entitle you to the recover and all theories under which the defendant may be liable other than those in the complaint and identify all persons who may have a subrogation interest in your case and all discovery your West Palm Beach car accident attorney may need and the time estimated to complete it.

West Palm Beach Car Accident Plaintiff's Contention Interrogatories

Sun, 03 Oct 2010 08:00:00 EST

Once your West Palm Beach car accident lawyer has filed suit and the defendant has answered the complaint in your West Palm Beach car accident case, your West Palm Beach car accident attorney may have questions based on the defendant's answers to the complaint and may send him/her contention interrogatories which might ask the following questions:

if the defendant was inproperly identified, then properly identify him/her and whether you will accept service of an amended complaint, describe in detail the factual basis for all defenses raised in your answer, if you are contending someone else may be liable then state who and the basis for believing that, identify all laws, codes, standards which support your defenses, identify each expert you intend to call and include a resume, identify all insurance policies that provide coverage relating to the matters in the complaint, identify all discovery you anticipate is necessary to prepare for trial and how long you estimate it will take to complete

West Palm Beach Car Accident Expert Witness Interrogatories

Sat, 02 Oct 2010 08:00:00 EST

If you and your West Palm Beach car accident lawyer find yourselves having to file suit against the insurance company in your West Palm Beach car accident case, you will likely at some point deal with experts on your case. These may be doctors, specilaists, car accident experts, or any other professionals who may be relevant and provide pertinent testimony on your case either for you or against you. If it appears the defense counsel is goig to hire an expert or has consulted with an expert, your West Palm Beach car accident attorney will probably send out expert interrogatories to the defense attorney to be answered under oath by the expert. Such questions might inlcude:

identifying anyonwe who may potentially testify as an expert at trial
identifying anyone who has been retained or employed in anticipation of litigation
all West Palm Beach car accident experts you intend to testify
the facts and opinions they have made
the grounds for their opinions
their qualifications as an expert
whether they are available for a deposition voluntarily or whether your West Palm Beach, Florida car accident lawyer will have to see a court order to depose them.

West Palm Beach Car Accident Defendant to Plaintiff Interrogatories

Fri, 01 Oct 2010 08:00:00 EST

The typical request for information you would expect the defendant to ask you in your West Palm Beach car accident interrogatories might include but not be limited to:

Name, address, marital status, occupation, witnesses to the accident, names of all people who have provided statements to your West Palm Beach car accident lawyer, accident reports, memos,police report, experts and their opinions, how accident occurred, whether you were drinking or taking drugs at the time, nature and location of injuries, doctors, treatment and charges, hospitals, lost employment, all empoyment since high school, all benefits received any MRIs, X-rays, Cat Scans, therapy, and all damages claiming as a result of the accident

West Palm Beach Car Accident Plaintiff Interrogatories to the Defendant

Thu, 30 Sep 2010 08:00:00 EST

Once your West Palm Beach car accident lawsuit has been filed and served upon the defendant, your West Palm Beach car accident lawyer will begin a process known as discovery wher your West Palm Beach car accident attorney and the defense attorney will exchange information about both sides of the case. One of the discovery tools available is called interrogatories which are questions sent to the defendant that he/she must answer under oath. If she/he objects to a question, they must state so and provide a legitimate reason. Some of the questions you might expect to see in a set of interrogatories are:

name, occupation, marital status, all witnesses to the accident and the names of all people who gave statements and in whose possession are the statemens, the statement dates for the accident report, whether the defendant has an criminal convictions/arrests and the dates and nature of the charges, all expert witnesses the defendant has consulted and all he/she intends to call to trial, their opinions, whether the defendant will claim the plaintiff is partly at fault for the accident, how the accident occured, any drugs/alcohol consumed prior to the accident, all photos, videos, films, voice recordings of the plaintiff taken since the accident.

West Palm Beach Car Accident Plaintiff's Motion to Compel Discovery of Surveillance Evidence

Wed, 29 Sep 2010 08:00:00 EST

In the course of conducting discovery in your West Palm Beach car accident case, your West Palm Beach car accident lawyer may find that the defendant is refusing to turn over surveillance evidence of you with regard to your claim for injuries and damages. Should this happen, your West Palm Beach car accident attorney will probably file a motionto compel the defense attorney to turn over the surveillance evidence. The defense may try to caim it is protected information either because it is work product or for impeachment at trial. However, surveillance evidence is generally discoverable and the defense will usually have to turn it over so long as the defense attorney has an opportunity to depose you as the plaintiff in the case regarding your injuries/disability prior to turning over the evidence and if they are intending to use it at trial they will have to turn it over as well.

West Palm Beach Car Accident Surveillance Call Discovery

Fri, 24 Sep 2010 08:00:00 EST

Sometimes the defense in a West Palm Beach car accident case will hire an investigator to conduct surveillance on the West Palm Beach car accident victim and also conduct interviews with the plaintiff's neighbors, co-workers, family and friends regarding the plaintiff's injuries and damages. Your West Palm Beach car accident lawyer will request any and all surveillance conducted on you or other regarding you including but not limited to videos, audio recordings, photos, statements, etc. Your West Palm Beach car accident attorney will want to know the dates/times of the surveillance and will request all video/audio records taken form the plaintiff's friends, neighbors, co-workers, etc. The defense will usually fight turning over these records; however, the court will generally require the defense attorney to turn over the records especially if they intend to use them at trial as evidence against you.

West Palm Beach Car Accident Videotaped Deposition

Thu, 23 Sep 2010 08:00:00 EST

A deposition is a discovery tool used by a West Palm Beach car accident lawyer to gather information about your West Palm Beach car accident case. In a deposition your West Palm Beach car accident lawyer asks the deponent questions under oath and the penalties of perjury apply. The deponent may be the defendant or some other witness or critical person in the case like an expert doctor or accident reconstructionist. The defedant's attorney will also likely be present. There is a court reporter who types what is being said in the event your West Palm Beach car accident attorney wants to use the deposition at a later date in court. Your West Palm Beach car accident attorney may also want to videotape the deposition. This may be necessary if the person being deposed may be unavailable at trial and you want to admit the testimony into evidence at trial. Most West Palm Beach car accident lawyers also ask the deponent to bring documents such as a resume, all records on the case, reports, literature and journals, and any other records pertinent to the case.

West Palm Beach Car Accident Plaintiff's Motion to Preserve Evidence

Sun, 19 Sep 2010 08:00:00 EST

It is possible during the course of litigating your West Palm Beach car accident case that your West Palm Beach car accident lawyer may need to get a court order requiring certain evidence be preserved so that an expert can examine the evidence and write a report and/or form an opinion as to how the evidence may or may not have contributed to your West Palm Beach car accident. The evidence has to be relevant to your case such as maybe the steering wheel malfunctioned and your West Palm Beach car accident attorney wants an accident reconstructionist to look at it. The motion should descirbe the evidence in detail and state who will be examining it.

West Palm Beach Car Accident Petition for Perpetuation of Testimony

Sat, 18 Sep 2010 08:00:00 EST

In the course of litigating a West Palm Beach car accident case, your West Palm Beach car accident lawyer may find that one of your key witnesses will not be available for trial for a number of reasons maybe medical or travel or some other legitimate reason. In this instance, your West Palm Beach car accident attorney will likely file a petition to perpetuate the testimony of the witness ans ask the court for permission to enter ther person's deposition testimony at trial rather than having the person testify in court. It is in the judge's discretion to allow this form of evidence and the reason the person will be unavailable has to be legitimate.

West Palm Beach Questionnaire for Bad Faith Expert

Fri, 17 Sep 2010 08:00:00 EST

If your West Palm Beach car accident lawyer pursues a bad faith case agaisnt the insurance compnay, they will need to call a bad faith expert to tesitfy at trial. Some of the information your West Palm Beach car accident attorney might need from the potential expert witness is: background, education including degrees, teaching postitions, all licenses held, employment, jobs, duties, job experience, consulting work, studies, books written, journals, reports, and porfessional memberships. Expert witnesses also have to be paid so your West Palm Beach car accident lawyer will want to knwo what the expert charges for attendance at depositions, trial, for evaluations and consultations.

West Palm Beach Bad Faith Complaint Refusing Reasonable Settlement

Thu, 16 Sep 2010 08:00:00 EST

Sometimes a person involved in a West Palm Beach car accident who is believed to be at-fault will become at odds with their insurance company during the course of negotiations to settle a claim for a West Palm Beach car accident case. The person at-fault may then file a lawsuit against their own insurance company for bad faith in failing to settle the claim within the policy limits after a judgment which exceeds the policy limits is entered against the person at-fault. Typically, there is evidence that the insurance company's refusal was unreasonable and without justification given the circumstances and that there was a breach of duty by the insurance company to the insured under the law. There may also be claims made for statutory violations, mental distress and wrongful and malicious conduct. An insured may assign their right to pursue bad faith to the person who received a judgment against them. If you have been in a West Palm Beach car accident, make sure you seek immediate legal consultation with a West Palm Beach car accident lawyer to protect your rights and properly manage your claim.

West Palm Beach Two Injury Accidents Shut Down I-95 Overnight

Wed, 15 Sep 2010 08:00:00 EST

Last night two separate Palm Beach county car accidents shut down both sides of I-95 for hours. One accident involved a Broward County Sheriff Deputy. One person was trauma alerted to Delray Medical Center and there is no report on his/her condition. One hour before that accident, a tow truck driver was struck while assisting a car in need of help. One person had to be extracted from the car in that accident and two people were trauma alerted to local hospitals. There was no report on their condition at this time. Police are still investigating the causes of both accidents. If you or a loved one has been involved in a West Palm Beach car accident case and suffered injuries, contact a West Palm Beach car accident lawyer as soon as possible to protect your legal right and receive the justice you deserve.

West Palm Beach Car Accident Complaint for Refusal to Defend/Indemnify

Wed, 15 Sep 2010 08:00:00 EST

If you are found to be at fault in a West Palm Beach car accident and your insurance company fails to properly defend or indemnfiy you, you may have a bad faith against them. You may face greater financial liability due to this and if you successfully bring a claim for bad faith against the insurance company you may be awarded punitive damages as well. It's not unlikely that when your insurance company fails to defend you, this may place and enormous psychological and emotional burden on you, so your West Palm Beach car accident lawyer may also bring a claim for inentional infliction of emotionl distress for the mental anguish you suffered as a result of the insurance company not properly defending or indemnifying you.

West Palm Beach Car Accident Complaint for Wrongful Claims Handling

Tue, 14 Sep 2010 08:00:00 EST

If you are making a claim under your own car insurance policy after being injured in a West Palm Beach car accident case, under your UM policy, and your West Palm Beach car accident lawyer feels the adjuster in not properly handling the claim, you may have a case for bad faith agaisnt your insurance company. If your West Palm Beach car accident lawyer determines there is a case for bad faith, you might expect the complaint for wrognful claims handling to include the following information:

identify you as the plaintiff in a West Palm Beach car accident, your insurance company as the defendant carrier, that there was a policy in effect and that you gave notice of the clam to the defendant ant requested coverage, that you were contacted by an adjuster who delayed the investigation in an effort to delay or avoid payment, that you cooperated with the adjuster in every request and provided detailed information, interviews, etc. Your claim was then denied without explanation and therefore the defendant did not process the claim properly and consistent with their own claims and practices procedures and they did not act fairly or in good faith and that the defendant was not objective and made no reasonable effort to settle the case with the plaintiff and give consideration to the plaintiff who suffered injuries and damages as a result of a West Palm Beach car accident and therefore, the defendant violated the terms of the policy and breached the contract with the plaintiff.

West Palm Beach Car Accident Bad Faith Insured to Insurance Carrier Interrogatories

Mon, 13 Sep 2010 08:00:00 EST

Sometimes in the course of litigating a West Palm Beach car accident case, the insurance company may mishandle a claim or fail to settle when they should have and put the insured at greater risk of loss than had the insurance company settled or handled the claim appropriately. This is known as bad faith and the insured can sue the insurance company in bad faith whether it is a first party or third party case. If your West Palm Beach car accident lawyer proceeds with a bad faith case against the insurance carrier, he/she will send out interrogatories during the discovery phase of the lawsuit to help build the case. Typical questions you might see include:

address, name, business address, date of birth and capacity in which the person is answering the questions on behalf of the insurance carrier, the title of the person answering the questions in relation to the insurance carrier, how long the person has been at their present job, detailed description of their job, all previous jobs and titles held with defendant with dates and descriptions of job, every employer worked for in the last 10 years with dates and job descriptions, educational background including high school, college, professional or trade school, every bad faith case brought agaisnt the defendant in the last 10 years with the name and address of the plaintiff with civil case number, each and every car accident bad faith case, every bad faith case you have ever answered interrogatories under, every policy the plaintiff had with defendant in the last 10 years and copies, date received notice of the this claim, manner received the notice, communication with plaintiff once received it, all investigations done after receiving the complaint, and description of every settlement demand made by plaintiff and the basis for denying coverage.

West Palm Beach Car Accident Insurance Carrier Interrogatories to Insured

Sun, 12 Sep 2010 08:00:00 EST

If you as the insured are served with interrogatories by the insurance carrier you may expect to see the following questions or request for information:

name, address, date of birth, social security number, business address, insurance policy number
description of the facts of the West Palm Beach car accident, defense and coverage under the policy at issue, any indication of negligent handling of the clim, breach of contract, bad faith other wrongful conduct on the part of the defendant carrier, date first received notice of the claim that arose from the West Palm Beach car accident, date first gave notice to the defendant, identify all documents used to answer the questions, who has possession of the documents, identify who helped prepare the response and identify all experts you intend to call at trial and their opinions, qualifications, basis of their opinions and any documents they relied on in forming their opinions.

West Palm Beach Car Accident Plaintiff's Request for Admissions to Defendant

Sat, 11 Sep 2010 08:00:00 EST

During the discovery phase of your West Palm Beach car accident lawsuit, your West Palm Beach car accident lawyer will probably send the defendant a Request for Admissions asking him/her to admit the truth of certain facts/statements or authenticate certain documents. Such things that may be included are the authenticity of the insurance policy, correspondence from the insurance adjuster to the plaintiff, and denial of coverage letter. If the defendant fails to provide an answer other than a qualified admission, then the request will ask that the defendant state the facts which support the defendant's refusal to admit and all documents which support the refusal. It may also ask that the defendant identify all facts which support the refusal and to identify the custodian of all records supporting the refusal and the names and addresses of all persons who have knowledge of the facts supporting the refusal.

West Palm Beach Car Accident Defendant's Request for Admissions to Plaintiff

Fri, 10 Sep 2010 08:00:00 EST

Once your West Palm Beach car accident lawyer has filed suit on your injuries resulting form a West Palm Beach car accident, there will be an exchange of information between plaintiff and defendant through a process known as discovery. One of the discovery tools available to West Palm Beach car accident attorneys is a request for admissions wherein the plaintiff or defendant is asked to admit or deny the truth of certain statements or the genuineness of documents. These could include any number o things depending upon the your case facts, but they might include whether you have engaged in settlement discussions with the defendant previously, the genuineness of your insurance policy, letters and denial of coverage. You must answer these questions within 30 days of receipt r you will be deemed to have admitted them.

West Palm Beach Car Accident Injury and Pain Questionnaire

Thu, 09 Sep 2010 08:00:00 EST

After you have retained your West Palm Beach car accident lawyer, he/she will likely have you complete a questionnaire regarding your injuries and pain connected to your West Palm Beach car accident. Typical questions may include, details about your West Palm Beach car accident and the circumstances leading up to it, when and where your pain first began and the body parts which are affected. You will be asked to describe your pain then and now and how severe the pain is and whether it is constant or intermittent and what makes it better or worse. A lot of times, the pain leads to other physiological and/or psychological problems like nausea, dizziness, depression, and anxiety. You will want to also detail how your pain interferes with your ability to perform daily activities ad whether you have had to stop any activities or take time off work due to pain.
It is also important that you describe what makes the pain better or worse, what medications or injections you have received to alleviate the pain and whether they were successful. Your West Palm Beach car accident attorney will also want to know all of your physicians and all of the activities and hobbies that have been impacted by your pain.

West Palm Beach Car Accident Physician's Determination of Effects of Pain Associated With West Palm Beach Car Accident

Wed, 08 Sep 2010 08:00:00 EST

After you have received all of the treatment and tests and rehabilitation your physician feels will get you to your maximum level of improvement, he/she will review your file and prepare a final report which will require him/her to review all of your medical/diagnostic records, your complaints of pain associated with the West Palm Beach car accident, detailed findings if all physical examinations, neurological examinations and all diagnostic studies reviewed such as X-rays, MRIs, RT sonography, ultrasound, SPECT scan, lumbar puncture, EEG, EMG, etc. He/she will also review any psychiatric or psychological exams you underwent and form an overall impression of your level of pain associated with the West Palm Beach car accident and summarize your functional capacity (what you can and cannot do) and will finally assign you a level of impairment based on your physical disability. Once this is done, the report will be sent to your West Palm Beach car accident lawyer and he/she will attempt to settle your case or proceed to a trial.

West Palm Beach Car Accident Information Request from Department of Motor Vehicles

Tue, 07 Sep 2010 08:00:00 EST

As a victim of a West Palm Beach car accident, your driving record will no doubt come into question from the defense attorney for the insurance company. They will try to find every way thy can to make the accident your fault or find some amount of fault on your part to eliminate or reduce their having to pay you any money for your injuries. Your West Palm Beach car accident lawyer will need to know if you have been involved in any prior car accidents, the dates, injuries, and treatment if any along with your driving history, citations issued, license restrictions, accumulated points, and assessments and fines against you. He/She will probably ask you to sign a release allowing him/her to request copies of your driving records from the Department of Motor Vehicles.

West Palm Beach Car Accident Information Request from Veteran's Administration

Sun, 05 Sep 2010 08:00:00 EST

If you are a United States veteran and have received veterans benefits for injuries, your West Palm Beach car accident lawyer will probably need to see your medical records and any other records related to your military service to properly prepare your West Palm Beach car accident case. He/She may ask that you sign a release directed to the VA which would allow them to send photocopies of all documents, opinions, diagnoses, medical records, X-rays, photographs, summaries, hospital records or other information in possession of the VA or any other department or agency of the U.S> government under the auspices of the VA that relate to your military file. This information may be important if you have any pre-existing injuries that were affected by the West Palm Beach car accident.

West Palm Beach Car Accident Information Request from Worker's Compensation Commission

Sat, 04 Sep 2010 08:00:00 EST

If you were involved in a West Palm Beach car accident while on the job, you may have a worker's compensation claim as well as a personal injury case. It is important to inform your West Palm Beach car accident lawyer as to whether you were injured on the job and if a worker's compensation claim has been filed because benefits received under worker's compensation are required to be paid back from any settlement proceeds. You may also have to see a worker's compensation lawyer to insure you get the benefits you deserve. The worker's compensation lawyer will have to work with your West Palm Beach car accident attorney to make sure you get everything you are entitled to including appropriate medical care under worker's compensation.

West Palm Beach Car Accident Information Request from Director of Bureau of Criminal Information

Fri, 03 Sep 2010 08:00:00 EST

If you have any sort of criminal background, your West Palm Beach car accident lawyer will probably ask that you sign a release in order for him/her to obtain your criminal background information. This information might include records of arrest or convictions, probation, deferred sentence, or any diversionary programs you may have attended. This is important because your West Palm Beach car accident attorney needs to know the type of person you are and what types of things might come up at the request of the defense counsel. The more information your West Palm Beach car accident lawyer know about you, the less likely he/she is to be caught off guard by defense counsel, at a deposition or even in court.