If you have been working overseas for a U.S. contractor, and you have been injured or a loved one has been killed, you may have a Defense Base Act claim. The Defense Base Act (DBA) is a federal workers’ compensation program for those injured working overseas on military bases, public works projects and other U.S. sponsored projects. How It Works …
Strict Liability: What Is It and When Does it Apply?
In previous articles, we talked generally about negligence and the types of claims associated with receiving compensation for injury or wrongful death. Conversely to claims that require proving negligence, strict liability can be described as being held legally responsible for an injury without any proof of actual negligence, carelessness, or fault being required. In the simplest terms, strict liability is …
What Evidence Is Used to Determine if a Doctor Acted Negligently?
Medical malpractice cases alleging negligence by doctors and other healthcare providers can be especially difficult, particularly if you are also dealing with severe injuries and medical bills at the same time. The complexity of these cases, and the uphill battle required to win them, requires an experienced medical malpractice attorney. Burden of Proof According to Florida law, the existence …
What Is The Difference Between Economic and Non-Economic Damages?
“Damages” is a term in the legal field that typically refers to monetary compensation for loss or injury. The law typically seeks to make a claimant “whole” for a wrong through monetary compensation or damages, and there are both economic and non-economic damages that can be awarded. Economic Damages According to Florida state law, economic damages means financial losses that …
Failure to Diagnose–When Not Acting is Medical Malpractice
Getting injured or dealing with a family member’s injury as a result of a healthcare provider can be a very difficult experience. Recently, statistics revealed that hospital medical errors are now the third leading cause of death in the United States. Many people do not realize that a medical malpractice claim in Florida can involve not only a mistake that …
How is Damage calculated in an Injury Case?
We sometimes hear about huge settlements in personal injury cases, but the details of these agreements are often missing from the picture. If an injury case goes to court, a jury decides on the “damages, ” a term used to describe monetary awards to be paid as compensation for loss and/or injury. What Factors Go Into Calculating Damages? Under standard …
Comparative Negligence in Florida – What if we are both at Fault?
If you are in an accident your chances of receiving compensation can be reduced if you are found to be partially at fault for the accident. Fortunately, even if this is the case, you can still recover damages related to your injuries. This legal principle is known as comparative negligence, and it allows the system to allocate fault between parties …
Why Trucking Lawsuits Pose Special Challenges
Motor vehicle accidents cause the death of approximately 30, 000 people per year and cause injury to millions more, but few collisions are as dangerous as those involving an 80, 000 pound fully loaded tractor-trailer. Collisions involving semi-trucks are more likely to cause catastrophic injury and death because a small passenger car might weigh no more than 3,000 pounds. Based …
Statutes of Limitations for Injury Claims
You may be aware that if you have been injured there is a time limit imposed by law on how long you have to bring suit against the party who caused your injury. This is known as the Statute of Limitations. Usually, once the time limit set out in the statute has expired you can no longer validly bring a …
Benefits Under the Longshore & Harbor Workers Compensation Act
You may be aware that if you are injured while working as a longshoreman or harbor worker, or if a loved one has been killed while working, you may be entitled to benefits under a federal workers compensation system known as the Longshore & Harbor Workers Compensation Act (LHWCA). Longshoring or working in a harbor can be very dangerous and …