Question 1

What damages can be recovered in a wrongful death lawsuit?

Accepted Answer

The damages that can be recovered in a wrongful death case include economic damages, such as medical costs, funeral costs, the loss of the decedent’s financial contributions, and non-economic damages that can consist of compensation for grief and the loss of companionship. In some cases, punitive damages can be recovered, as well.

Question 2

What do I do if the insurance company denies liability?

Accepted Answer

If an insurance company denies liability, the plaintiff has to prove liability by using the police report or getting help from a specialized attorney who can gather witness statements to clarify liability and medical reports to prove the case. Florida is a no-fault state; thus, the driver who was not at fault does not have to prove that the crash was somebody else’s fault to get compensation. However, there are some cases when an injured person can sue the party at fault.

Question 3

What can I recover from a product liability lawsuit?

Accepted Answer

From a product liability lawsuit, you can recover economic damages, which can include medical care, lost wages, loss of earning capacity, loss of services provided for the family, and noneconomic damages, which usually include pain and suffering, mental anguish, physical impairment and loss of enjoyment of life. Punitive damages can also be awarded in certain cases.

Question 4

When do most boating accidents occur?

Accepted Answer

Most boating accidents occur in the summer months or on holidays, and many have nothing to do with bad weather conditions. They are commonly caused by a distracted and reckless boat operation, alcohol or drug consumption, equipment failure, inadequate passenger behavior, or operator inexperience.

Question 5

Who is liable in a boating accident?

Accepted Answer

In a boating accident, one of the following parties can be held liable: the operator of the boat, the owner, the manufacturer, the rental company, or even a passenger. However, it is important to keep in mind that there are cases when, due to unforeseen circumstances, liability can be difficult or even impossible to determine.

Question 6

What if both drivers have the same insurance company?

Accepted Answer

If both drivers involved in a car accident have the same insurance company then the company will assign two different adjusters to two separate claims that will attempt to come to a liability agreement among themselves.

Question 7

What happens in a car accident when no ticket is issued to either party?

Accepted Answer

If no ticket is issued to either party and there is no substantial evidence of one driver’s fault over another’s, then the insurance company will still investigate circumstances and evidence related to the crash and establish liability for the responsible party.

Question 8

Can you get a larger settlement when in a car accident with a company vehicle?

Accepted Answer

If you were driving a company vehicle and were within the scope of your employment, the damages will be paid through workers’ compensation and will usually amount to less than through a regular claim. If you were hit by a company vehicle, the company could be held liable.

Question 9

What compensation can I receive after a car accident for herniated discs?

Accepted Answer

If your herniated discs result from a car accident, the amount of compensation will be directly proportional to the severity of your injuries and your recovery time. The typical settlements in such cases average $65,000 and cover medical treatments, lost wages, and even pain and suffering. In order to make sure that you receive fair compensation, you should hire a personal injury attorney.

Question 10

How to file a third-party car insurance claim?

Accepted Answer

If you were injured in a car accident that was not your fault, you could submit a third-party auto insurance claim based on the at-fault driver's liability insurance policy. The other driver's insurance company will investigate the accident to determine that their driver was indeed at fault, and negotiations will ensue.

Question 11

Is an auto accident settlement based on impairment rating in Florida?

Accepted Answer

When negotiating the settlement of a car accident, in Florida, impairment rating is a major factor determining the amount of compensation you can receive. However, several other aspects will be discussed as well, including how the impairment affects your body and your working ability, how is pain and suffering valued, and how much insurance coverage the potential defendant has.

Question 12

Can I win a car accident lawsuit without any witnesses?

Accepted Answer

The vast majority of car accident lawsuits require proof of the other driver's negligence for you to win the case. The best way to deal with the lack of third-party witnesses to the accident is to gather as much non-testimonial evidence as possible, such as the police report, physical evidence from the scene, and accident reconstructions.

Question 13

What happens at a deposition in a lawsuit?

Accepted Answer

At depositions, witnesses appear at a predetermined time and place and give testimonies under oath. Depositions typically occur during the discovery phase of a lawsuit and have two purposes: first, to learn what the witnesses know and record their testimonies, and second, to allow both parties to learn all of the facts before their trial so that no one is caught off-guard during the trial.

Question 14

What happens after a case is settled?

Accepted Answer

After a case is settled, meaning that the case did not go to trial, the attorneys receive the settlement funds, prepare a final closing statement, and give the money to their clients. Once the attorney gets the settlement check, the clients will also receive their balance check.

Question 15

What are the benefits and disadvantages of out-of-court settlements?

Accepted Answer

While it may seem more suitable to settle a case before trial, unfortunately, personal injury cases seem to be settling less and less pre-litigation. A fair number of cases in Miami used to get resolved before handling lawsuits. Still, insurance companies seem to force many cases into litigation by not making fair settlement offers unless a lawsuit is filed.

Question 16

What needs to be included in a car accident report?

Accepted Answer

The accidents that you have to report are those that involve any damages whatsoever. It is essential to report a car accident in order to recover any damages. The police report is invaluable in determining fault, facilitating claims with the insurers, providing correct documentation of the crash, etc. It is recommended that to file a report even if the law does not expressly require it.

Question 17

What is the average payout for medical negligence?

Accepted Answer

You, understandably, want an estimate of the potential settlement or trial value of your case. Here is factual information to help you better understand the range of potential payouts you might receive in a medical malpractice settlement or a verdict.

Question 18

Do medical malpractice attorneys work on contingency?

Accepted Answer

Yes, most medical malpractice attorneys work on a contingency fee arrangement or for a reasonable percentage of the settlement or awarded damages. The most common contingency fee is 33% of the settlement or award, but you can negotiate the fee at the outset of your case, for example, during the initial free consultation.

Question 19

Are side airbags (SABs) mandatory for new vehicles?

Accepted Answer

Currently, side airbags are not required by law for new vehicles. However, in the future, manufacturers will be required to offer updated protection performance. It is estimated that side airbags can reduce serious chest injuries in collisions by approximately 25%.

Question 20

How often do airbags fail?

Accepted Answer

Although airbags work in the majority of the cases, there are rare exceptions when an airbag might fail to deploy in a car crash or inflate accidentally. If you suffered injuries because of an airbag failure you should consider hiring a personal injury lawyer who will help you recover a full and fair compensation.

Question 21

What are the estimated long-term costs of an amputation?

Accepted Answer

The long-term costs associated with an amputation are on average between $100,000 and $500,000 because amputees are going to require multiple prescriptions of prosthetics. Ongoing access to high-quality prosthetics is crucial for someone who has suffered amputation. The lawyer representing you needs to have a real expertise, to be able to get the contacts with rehabilitation and prosthetic facilities.

Question 22

How common are ATV accidents?

Accepted Answer

ATV accidents are more common than people think. There are over 100,000 emergency-room visits per year by people involved in an ATV accident, with injuries that range from bruises to very severe fractures. In 2019, the CPSC received reports that around 295 people had died that year in ATV-related accidents, and between 1982-2017 there were 15,250 ATV-related fatalities.

Question 23

What to do if you are involved in an ATV accident?

Accepted Answer

If you are involved in an ATV accident it is important to get medical help as soon as possible, to collect information from all those involved or present, to call the police, to file a report, and to contact a personal injury lawyer. Under his advice, discuss the case with your insurance company.

Question 24

Why do cars catch on fire when they crash?

Accepted Answer

When a vehicle catches fire after an accident, the situation can rapidly turn life-threatening. The most common car defects associated with fires are fuel system or electrical system defects. Both electrical and fuel-fed fires are often caused by manufacturing or design defects.

Question 25

What is the discovery phase of a car accident lawsuit?

Accepted Answer

In the discovery phase, you have the chance to find out the strengths and weaknesses of your case and what evidence the other side has. Additionally, during this period, you can use the so-called means of discovery, such as requests for production of documents, requests for admissions, and depositions. Based on what happens during the discovery phase, you can decide whether to settle the case or go to trial.

Question 26

What is swimming pool poisoning?

Accepted Answer

Swimming pool poisoning is an intoxication that occurs due to the chemicals used to clean pools, such as chlorine. Chlorine-based pool cleaners can cause intoxication when swallowed, touched, or inhaled.  The most common symptoms of swimming pool intoxication are skin burns and irritations or throat and eye irritation.

Question 27

How much you get paid for head-on collision?

Accepted Answer

The compensation that you can receive after a head-on collision generally depends on the severity of the injuries, the financial damages involved, the strength of your evidence, your insurance company and that of the other driver, and the ability of your attorney to make the best case.

Question 28

Do you need a license to ride a motorcycle in Florida?

Accepted Answer

To ride a motorcycle in Florida, if you already have a valid Florida driver's license, you only need a motorcycle endorsement. You can get this by completing the Florida Rider Program. If you want to get a motorcycle-only license, you have to be at least 16 and hold a learner's permit for at least one full year without traffic convictions. If you are over 18, then the learner's permit is unnecessary, but you have to pass the standard class E license test and complete the Basic Rider Course.

Question 29

What is the statute of limitations for a product liability claim in Florida?

Accepted Answer

In Florida, an action for injury to a person caused by a defective product based on the theories of strict liability, negligence, or contract must commence within four years. The statute of repose is 12 years but may be subject to various exceptions. Failure to file within the time limit leads to the inability of suing. For example, if you discovered the injury on January 1, 2020, you must file a Florida product liability claim by January 1, 2024.

Question 30

Is it true that seat belts can trap you inside the car after an accident?

Accepted Answer

No, becoming trapped by a seat belt is a myth. Wearing a seat belt reduces your chances of being killed or injured in a car accident by at least 45% and gives you a much greater chance of remaining conscious and of being able to escape your vehicle in case of danger.

Question 31

Why wear seat belts if the car is equipped with airbags?

Accepted Answer

Seat belts and airbags are interrelated: an airbag without a seat belt can cause severe injury and even death. So, you have to use a seat belt to avoid serious injury. Moreover, according to seat belt legislation, wearing seat belts at all times is mandatory.

Question 32

What is the statute of limitations for aviation accidents in Florida?

Accepted Answer

In most cases, the statute of limitations is two years from the date of the accident, and it applies to cases of product liability or negligence claims against most states or the federal government. For example, if an aviation accident occurred on October 1, 2015, you must file a Florida aviation accident claim by October 1, 2017.

Question 33

Who is responsible for airplane accidents?

Accepted Answer

Individuals who survived an aviation accident can recover damages for their physical bodily injury, pain, and suffering, loss of wages, and medical bills, both past, and future.

Question 34

What is the statute of limitations for boating accidents in Florida?

Accepted Answer

How long you have to file a boat accident claim is ultimately determined by the location of your accident because the location determines the applicable law. The deadline for a boat accident governed by Florida law is 4 years from the date of the accident. By contrast, boating accidents where the Admiralty law takes precedence need to be filed sooner, within 3 years. However, depending on the type of accident and the type of party you're claiming against, some boating accident claims have an even shorter deadline.

Question 35

What are the penalties for boating under the influence (BUI)?

Accepted Answer

The penalties for boating under the influence generally consist of fines that can be up to $5K, suspension or revocation of the boat operating privileges, or even jail terms. It is important to keep in mind that it is illegal to operate any vessel or water skis, sailboard, or similar device while under the influence of alcohol (BAC 0.15 or higher), controlled substances, or drugs.

Question 36

What are the penalties for violating boating regulations in Florida?

Accepted Answer

Everyone onboard a yacht and anyone being towed behind a vessel must wear a US Coast Guard-approved personal flotation device. Violating this regulation and others pertaining to boating are punishable with a $50 - $80 fine, depending on the county.

Question 37

What types of cruise ship accidents can be handled by a lawyer?

Accepted Answer

All incidents that threaten the well-being of cruise ship passengers and crew members can constitute a legal case and can be handled by a lawyer, whether they are due to inattention, failure to warn about dangers, etc. If you suffered a serious personal injury on board a cruise ship, it is recommended that you seek legal advice from a personal injury lawyer as soon as possible.

Question 38

What is the statute of limitations for a cruise ship accident injury in Florida?

Accepted Answer

Usually, the passenger’s cruise ticket informs in its fine print that claims and lawsuits for bodily injury must be brought within one year of the accident in the US District Court for the Southern District of Florida, in Miami-Dade County, Florida. For example, if you were injured on August 1, 2020, you must file a Florida cruise ship accident claim by August 1, 2021.

Question 39

How can The Law Offices of Sean M. Cleary help victims injured after devastating house fires?

Accepted Answer

An experienced personal injury attorney can help you file a burn injury claim to maximize the financial compensation you can recover according to the extent of your damages, severity of the burns, medical services you needed, loss of wages, disfigurement, or permanent scarring.

Question 40

When should I hire a lawyer after a house fire injury?

Accepted Answer

After you, or a loved one, suffered a Miami house fire injury, a personal injury lawyer can help you get the maximum compensation for damages from the individual or company whose negligence caused the injury. This means that personal injury lawyers can negotiate settlements for you, and the case does not always need to go to court.

Question 41

What type of lawyer do I need in the case of a house fire injury?

Accepted Answer

A personal injury attorney is the type of attorney who can help you deal with the person or company responsible for your house fire injury. The manufacturing company of a defective product or any other potential defendant will certainly have a lawyer to minimize liability and damages. That's why you should also be represented by an experienced attorney who can gather and present evidence for your case.

Question 42

Are airbags dangerous for children?

Accepted Answer

Airbags can save lives and are essential car safety features, but they can also be very dangerous for children. Depending on the severity of a car crash, airbags can deploy at speeds up to 186 mph. A child under 12 is at risk when riding in rear-facing seats or when not adequately restrained.

Question 43

Who is liable in an emergency room malpractice case?

Accepted Answer

Hospitals are responsible for malpractice cases involving their employees. In many cases, the doctor, who is not employed, but contracted to administer certain services, is liable for malpractice. In the Emergency Room (ER), hospitals are often held responsible for the medical malpractice of all ER practitioners.

Question 44

What can I do if the hospital wants to settle to avoid a lawsuit in an ER malpractice case?

Accepted Answer

In a case of medical malpractice, your attorney should contact the defense lawyer early on and determine if they are willing to settle and how much they are willing to offer. Settlements are cheaper than court cases; however, losing is a possibility if you choose to go to court. Get your attorney’s advice.

Question 45

Who is liable in a heart attack medical malpractice case?

Accepted Answer

In medical malpractice cases, it is usually the attending physician who should be sued, as they are usually independent contractors and not hospital employees. Other medical practitioners, lab technicians, etc. can also be sued if they contributed to the injury.

Question 46

What assets are untouchable in a high net worth divorce?

Accepted Answer

Separate property acquired before marriage is not typically split up in a high net worth divorce. This includes gifts, inheritances, trust funds, or even real estate, but some exceptions can enter into force and turn such assets into marital property.

Question 47

How do child support guidelines change in a high net worth divorce?

Accepted Answer

Because child support payment is calculated differently in high net divorce cases, the parent who has to offer it will usually have to provide a significantly greater sum of money than one would have to following a regular divorce. Therefore, it is essential to work with a specialized lawyer to avoid paying excessive child support even if you are a high net worth individual.

Question 48

How do Florida courts divide a business in a high asset divorce?

Accepted Answer

Dividing a business in a Florida high asset divorce is a three-step process, requiring methods of identification of marital and separate assets, business valuation, and equitable distribution. Thus, a marital business is either divided by one spouse buying out the other’s interest in the business, splitting the proceeds between the parties after selling the business, or by spouses continuing to co-own the business.

Question 49

How do prenuptial agreements affect high net worth divorces?

Accepted Answer

As a document concerning the ownership of assets should the marriage fail, a prenuptial agreement is often signed by the partner who is not as wealthy as the other before marriage. It is a very simple and effective way to protect one’s hard-earned assets, but it is not foolproof. While not all people married to a high net worth person will sign a prenuptial agreement, this is how it might affect the outcome of a divorce if it exists.

Question 50

How is spousal support awarded in high net worth divorces?

Accepted Answer

Also known as alimony, spousal support refers to money paid by one spouse to the other after their divorce. Whether the wealthier spouse has to pay spousal support depends on many factors. However, in high net divorces, spousal support is often a major concern, as a significant amount of money is involved.

Question 51

Is Florida a no-fault high net worth divorce state?

Accepted Answer

A high net worth married couple that does not get along anymore can file for marriage dissolution in Florida. Either partner can file for divorce without their spouse having committed any fault. Under the no-fault umbrella, it’s enough for one of the partners to prove the marriage is “irreparably broken” and petition for divorce.

Question 52

When does adultery matter in a no-fault high net worth divorce?

Accepted Answer

Even if the no-fault judicial system in place for Florida high net worth divorces relieves the spouses of the burden to address personal issues and lay the blame on each other’s shoulders, there are instances where poor behavior, such as adultery, may affect other elements of the divorce.

Question 53

What does the dissipation of assets mean for your high net worth divorce?

Accepted Answer

In Florida high net worth divorces, all marital property is subject to equitable distribution between spouses. If one of the spouses squanders marital assets before or during divorce proceedings, the disadvantaged spouse will likely receive a larger share of the marital property.

Question 54

What are third-party rights in high net worth divorce proceedings?

Accepted Answer

High net worth divorce litigation is usually a two-party controversy. However, third-party involvement in divorce cases currently occurs in a variety of contexts and needs to be handled appropriately.

Question 55

Do I need expert witnesses for my high net worth divorce?

Accepted Answer

Expert witnesses are often used when a dispute exists. These consulting and/ or testifying experts are frequently utilized and can play a significant role in a high net worth divorce case.

Question 56

What are equalizing payments in a high net divorce?

Accepted Answer

In the absence of other provisions between spouses, an equalizing payment in a high net worth divorce is made by one spouse to the other to ensure an equitable distribution of assets and debts.

Question 57

How is the financial settlement calculated in a Florida high asset divorce?

Accepted Answer

The financial settlement in a Florida high asset divorce is calculated based on the division of marital property through equitable distribution, the allocation of debt, the alimony established on the financial needs of the receiving spouse, and the child support calculations.

Question 58

What does equitable distribution mean for a Florida high net worth divorce?

Accepted Answer

Florida is one of the 41 states that employ equitable distribution as a method for dividing marital property in the event of a high net worth divorce. Equitable distribution does not imply a 50/50 split in assets and debts but rather a fair allocation considering several factors, such as each spouse’s contribution to the marriage.

Question 59

Can I file a wrongful death lawsuit for a death that occurred outside of the United States?

Accepted Answer

If a family member dies outside the US, you may be able to sue for wrongful death in the United States, but the overseas element will make your case more complex.

Question 60

What happens if more than one party shares responsibility for the death?

Accepted Answer

If multiple parties are responsible for the wrongful death, each of them will face a charge based on separate allegations of responsibility.

Question 61

What happens if the deceased signed a Waiver or Release of Liability?

Accepted Answer

Most states recognize the validity of liability waivers, Florida as well, but such documents do not automatically release someone of liability in case of wrongful death.

Question 62

Can I file a wrongful death lawsuit on behalf of an unborn child?

Accepted Answer

In Florida, if you were injured while you were pregnant and your injury led to the death of your unborn child, you cannot file a wrongful death lawsuit.

Question 63

Can I seek compensation in a wrongful death lawsuit on behalf of a minor child?

Accepted Answer

The law enables parents and family members to file a wrongful death lawsuit on behalf of a minor child.

Question 64

What happens in a wrongful death lawsuit if the liable party has no insurance or assets?

Accepted Answer

If the liable party is uninsured and they have no assets they are personally responsible for paying any damages you were awarded.

Frequently Asked Questions & Answers