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Monthly Archives: February 2020

Who Can Bring A Wrongful Death Suit In The State Of Florida?

By David M. Benenfeld, P.A. |

A wrongful death occurs when a person dies as a result of another individual’s negligence. Under the jurisdiction of many states, the wrongful death suit benefits the deceased individual’s children, parents, or spouse. However, under the Florida Wrongful Death Act, these surviving family members are not automatically beneficiaries of the claim. Any given case… Read More »

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While Riding My Bicycle On A Major Street I Was Run Off The Road By A Dangerous Driver. I Suffered Major Injuries That Required Surgery. Is This Considered A Hit And Run Accident? What Are My Rights?

By David M. Benenfeld, P.A. |

If a bicyclist is run off the road by another driver, whether it is from a car, truck, or motorcycle, then he is entitled to compensation for any injuries. If the reckless driver flees the scene of the accident, try to recover as many details as possible including license plate and witness testimony that… Read More »

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I’m A New Bicycle Enthusiast. I Ride My Bike To Work Every Day. What’s The Most Important Thing I Can Do To Avoid Getting In A Bicycle Accident?

By David M. Benenfeld, P.A. |

Although bicyclists may have many of the same rights as motorists, it’s important for them to remember that they are not a car, and are not viewed as having the same rights as a car driver. Below is a list of helpful suggestions that will help you avoid being the next bicycle accident statistic…. Read More »

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What Type Of Financial Recovery Can I Expect To Receive Following The Death Of My Wife After A Drunk Driver Hit And Killed Her While She Was Riding Her Bike?

By David M. Benenfeld, P.A. |

When someone’s negligence or wrongful actions causes the death of another, the victim’s family can pursue a wrongful death lawsuit in Florida. There are two types of damages that families of victims can collect including economic and non-economic damages. Economic damages include compensation for hospital bills, medical treatment, and other medical expenses related to… Read More »

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What Recovery Is Available In A Wrongful Death Case?

By David M. Benenfeld, P.A. |

A: When your loved one suffers due to someone else’s negligence, it may be considered wrongful death.In the case of medical malpractice, when a doctor’s mistakes leads to a patient’s death, a wrongful death case should be pursued. A spouse of a victim, the victim’s children, and the estate can recover damages and losses…. Read More »

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What Is Wrongful Death?

By David M. Benenfeld, P.A. |

A: The idea behind a wrongful death lawsuit is that the wrongful death, in addition to injuring the person who died, also injured people who depended upon the deceased for financial or emotional support. The wrongful act may be: A negligent or careless act such as careless driving A reckless act An intentional act… Read More »

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What should I look for when researching a bus company prior to buying my ticket?

By David M. Benenfeld, P.A. |

There are many good bus companies that follow the federal guidelines, hours-of-service rules, and make sure their buses are well-maintained and serviced regularly. However, there are many motorcoach companies that don’t enforce the laws set by the Federal Motor Carrier Safety Administration (FMCSA). As a result, they allow their drivers to drive too many… Read More »

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I was injured in a bus accident. Can I sue the bus company or the government for not requiring busses to have seat belts?

By David M. Benenfeld, P.A. |

It is unfortunate that there has not been a law requiring buses to have seat belts. As a result, many passengers have suffered needless injuries. Because thousands of people suffer injuries in bus accidents every year, the government has decided to improve bus safety by passing a new law that will require seat belts… Read More »

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How Do I Know If I Have A Wrongful Death Case Against A Pharmacy For My Husband’s Death?

By David M. Benenfeld, P.A. |

Pharmacists have a duty of care to provide the correct medications to their customers. When they fail to do this, they can be held liable for the consequences of their actions. If the pharmacy technician or pharmacist dispensed the wrong medications, labeled the prescription incorrectly, provided the wrong instructions, or filled the wrong dosage… Read More »

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A Car Turned Out In Front Of Me Causing Me To Hit Another Car And Crash. Am I Liable For Damages Because I Changed Lanes To Avoid Another Car That Turned In Front Of Me?

By David M. Benenfeld, P.A. |

Not necessarily. Liability for damages will be affected by the investigation of the police, the insurance investigator, or both. Depending on the accident specifics and whether the driver of the car that turned out in front of you stuck around at the accident scene and admitted fault will depend on what happens in terms… Read More »

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