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Monthly Archives: February 2020

I Am An Adult Who Lost My Parent In A Wrongful Death Accident In Florida. I Heard That I Cannot Collect Damages Because Of My Age, Is This Right?

By David M. Benenfeld, P.A. |

A: I am saddened to hear of your parent’s passing. As a South Florida wrongful death attorney, I am aware that an untimely and unnecessary death can cause you devastation that could have been preventable. Additionally, a wrongful death can leave you with many expenses. Florida’s discriminatory Wrongful Death Act does outline the restrictions… Read More »

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How Do I Know If I Have A Florida Wrongful Death Claim?

By David M. Benenfeld, P.A. |

Question: What categorizes a Florida wrongful death claim? Answer: A wrongful death lawsuit can be filed against a party that was the cause of the death through negligence.  The lawsuit can be brought by family members of the deceased such as a spouse, child or other family member who depended upon financial or emotional… Read More »

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Effective October 1, 2009, What Are The New Florida Traffic Laws Concerning Red Light Running, Failing To Stop For School Buses, Reckless Driving, And Highway Racing?

By David M. Benenfeld, P.A. |

A: Effective October 1, 2009, first-time offenders of red light running, failing to stop for a school bus, reckless driving, or racing on Florida highways will be required to take a state-approved “driver improvement course.” Under current law, the course is not required until the second offense of red light running in one year…. Read More »

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I Know Many People Who Are Outraged By The Acquittal Of George Zimmerman On Grounds Of Racial Discrimination. How Much Does Race Play A Part In Wrongful Death Lawsuits And Outcomes?

By David M. Benenfeld, P.A. |

You seem to be asking if all victims are treated fairly, without regard to race. In the case of Trayvon Martin who was African-American, countless protesters are having their say when it comes to speaking out against the racial undertones of this highly controversial case. Thousands still speculate that Martin’s death occurred due to… Read More »

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When is death from a car accident considered “wrongful”?

By David M. Benenfeld, P.A. |

Sometimes people die in collisions due to an unavoidable accident; however, other car crashes are no accident at all. In fact, careless, negligent and reckless drivers get behind the wheel every day — putting innocent people’s lives in danger. When a driver is driving recklessly, intoxicated, impaired by drugs, fatigued, or distracted, the death… Read More »

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What Are the Top Misconceptions People Have About Medical Malpractice Cases?

By David M. Benenfeld, P.A. |

Some of the top misconceptions people have about medical malpractice claims is that they are afraid to pursue them because they don’t want to hurt anybody and what they don’t realize is unless they pursue a claim, ultimately they are going to hurt themselves. They need to pursue the claim to make sure of… Read More »

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Why Do Both People and Attorneys Become Hesitant to Pursue a Medical Malpractice Case?

By David M. Benenfeld, P.A. |

People are hesitant to pursue medical malpractice cases because they are afraid of hurting the doctor. Sometimes, for example, they get misdiagnosed and because they have been going to the same doctor for 15, 20 years and they just feel bad about it. If somebody fails to diagnose you and you are going to… Read More »

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Choosing the Right Attorney for Your Medical Malpractice Case

By David M. Benenfeld, P.A. |

It’s very difficult when you have a medical malpractice claim to choose the right attorney for you, because everybody always tells you that this attorney is the best attorney and the next day you’ll meet somebody else and they will tell you that they have the best attorney. So the best thing to do… Read More »

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The First Step You Should Take for Your Pending Medical Malpractice Case.

By David M. Benenfeld, P.A. |

If you believe that you have a medical malpractice claim, the first thing you should do is actually contact a lawyer, tell them why you feel that you have a medical malpractice claim and gather the medical records and present that to your lawyer. A lot of times the lawyer may have to gather… Read More »

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What Are The Time Limits I Have To File A Wrongful Death Claim In Florida?

By David M. Benenfeld, P.A. |

If you have lost your loved one and believe you have a wrongful death claim against a nursing home, legal action may be necessary to recover for your losses and the suffering your loved one went through. When pursuing a wrongful death claim in Florida, it’s good to be aware of the time limits… Read More »

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