Tuesday 22 July 2014

Slip and fall lawyer | Personal Injury | Premises liability

Slip and Fall Lawsuits are a Tricky Business in Fort Lauderdale

If you have been injured as a result of a fall on somebody else's property you will want to consult a slip and fall lawyer in Fort Lauderdale to determine if you have the makings of a lawsuit under Florida's premises liability law. Of course not all falls warrant a lawsuit but if you have suffered a financial loss or pain as a result of the fall you should explore your options.

Falls or trips are one of the most common causes of injury in America. In fact according to the National Floor Safety Institute (NFSI) trips and falls are the leading cause of emergency room visits as well as the primary cause for missed work days. 

A 2010 change in law put the burden of proof on the plaintiff where prior to that time a property owner had to "prove" their innocence.

As a result of this change, defendants and their insurance companies are far more likely to want to litigate a claim rather than settle as their odds of succeeding in court are far better today than they were prior to 2010.
It's imperative that you contact a qualified slip and fall attorney as soon after the accident as possible.

Because the burden of proof is now on the plaintiff (you) it's important to initiate investigation quickly to gather physical evidence and testimony that may not be readily available if a significant amount of time is allowed to pass.

Slip and fall suits is a tricky business in Florida. Make certain you select an experienced legal team to press your case: Read more

Wrongful death lawyer Fort Lauderdale: wrongful death law in Florida

Tips From a Wrongful Death Lawyer in Fort Lauderdale

If you have suffered the loss of a family member and you believe it was the result of somebody else's actions you need to consult with a wrongful death lawyer in Fort Lauderdale. In Florida the definition of wrongful death appears to be pretty simple. In order to initiate a wrongful death lawsuit you have to show cause and in Florida that means:
  1. The conduct of the defendant amounts to a wrongful act, negligence, default, or breach of contract or warranty.
  2. The conduct upon which the lawsuit is based must have caused the death of the decedent.
  3. The conduct that is the basis of the lawsuit would have entitled the person injured to file a lawsuit and recover damages if they had not died.
One of the greatest hurdles to initiating a wrongful death lawsuit and/or carrying the case through litigation are challenges from the defendant that "cause" has not been proven. Each of the elements can be picked apart and creative defense theories claiming there is no cause can be argued.

Generally speaking, wrongful death suits seek significant financial awards which serve to motivate the defendant's lawyer to test every argument he or she may have and to drag out the negotiations in hopes that the plaintiff will settle for less.

If you find yourself in the unfortunate position of needing a wrongful death lawyer make certain that the firm has extensive experience in this type of lawsuit. :Read More