Port Saint Lucie

Florida Personal Injury Laws

Filing A Florida Accident Or Injury Claim?

If you have been injured and seeking a lawyer to file a negligence claim you should be familiar with the Florida  laws that govern accident, injury and death lawsuits.

Important Deadlines

You have four years from the date of the accident to file a lawsuit. There are ways to file for an extension.

Comparative Negligence

The amount of compensation you re entitled to receive will be reduced by an amount that is equal to your percentage of fault for the accident.

Florida No-Fault

This means that your insurance policy ( personal injury protection coverage) will provide compensation for medical expenses and lost income, no matter who was at fault for the accident.

Personal Injury Lawsuits Are Filed For:

  • Permanent injury
  • Significant and permanent scarring or disfigurement,
  • Significant and permanent loss of a bodily function.

Liability Limits

Florida limits punitive damages to three times the amount of compensatory damages, or $500,000 whichever amount is greater. This law can be found at Fla. Stat. Ann. section 768.73.

Speak to a personal  injury lawyer to protect your rights

What Is A Florida Medical Malpractice Lawsuit?

Medical Malpractice Overview

You may be able to  file a  medical malpractice lawsuit if a  health care professional  neglects to provide appropriate treatment, omits to take an appropriate action, or gives substandard treatment that causes severe injury, or death.
A malpractice or negligence lawsuit is an action due to a  medical error. This could be missed or misdiagnosis, medication dosage, health management, treatment, or aftercare. Medical malpractice lawyers help to recover compensation from any harms that result from sub-standard treatment. An error, negligence, or omission can lead to a malpractice lawsuit against a hospital, doctor, or other health care professional.

Can I File A Florida Medical Malpractice Lawsuit?

What Is The Criteria?

  1. The injury must be serious with permanent lasting consequences.
  2. You must show that the injury or harm caused by the medical negligence resulted in considerable injury or death
  3. You  must show that the physician acted negligently in rendering care, and that such negligence resulted in injury.
  4. A  breach of professional  duty must be shown
  5. injury caused have been caused by  this  breach
  6. There must be resulting damages or injury.
  7. There must be an act of omission or a negligence.
  8. It is only malpractice when there is negligence and injury and negligence causes the harm or injury.

Examples Of  Malpractice

  • Misdiagnosis or failure to diagnose,
  • Unnecessary or incorrect surgery,
  • Premature discharge from a medical facility,
  • Failure to order appropriate tests,
  • Failure to act on results of tests,
  • Not following up on a medical issue,
  • Prescribing the wrong dosage ot medication,
  • Prescribing the wrong medication,
  • Giving the wrong medication,
  • Leaving things inside the patient s body after surgery,
  • Operating on the wrong part of the body,
  • Persistent pain after surgery,
  • Pressure ulcers, or bedsores in a nursing home or other facility

The Most Common Medical Malpractice Lawsuits

  • Misdiagnosis,
  • Delayed Diagnosis,
  • Childbirth Injuries,
  • Medication Errors,
  • Surgery Errors,
  • Anesthesia Error Malpractice

If you feel you or a loved one has been a victim of medical malpractice or doctor- hospital negligence contact us immediately

Nursing Home Abuse Lawyer | Nursing Home Neglect Lawyers

Get a Nursing home abuse lawyer to file a nursing home abuse lawsuit.

What Is A Nursing Home Abuse Lawsuit?
A nursing home abuse lawsuit is a lawsuit against a nursing home due to a specific incident or a number of incidents that harmed an elderly resident and are considered to be abuse. This can be physical, emotional, sexual or financial abuse. A nursing home abuse lawsuit assumes an intentional infliction of physical harm, pain or mental harm.

What Is A Nursing Home Neglect Lawsuit?
A nursing home neglect lawsuit is filed when a nursing home has injured a patient due to sub-standard care.  Bedsores, dehydration, malnutrition that are neglected results in harm to your loved one. Neglect is a failure to provide the elderly resident with the care and services they are obligated to provide by law. The result is injury and/or emotional or physical harm. Nursing home neglect is defined as a breach of duty to your loved one.

What Do Home Abuse Or Neglect Lawyers Do?
Nursing Home abuse and neglect  lawyers file  lawsuits for abuse, neglect, injury and unexplained death that occurs in a nursing home, assisted living facility, skilled nursing facility, long term care facility, hospice or by home health care employees.

Inferior Vena Cava Filters

Our IVC Filter Helpline continues to get calls on a daily basis for injury, death and complications from both the Bard and Cook IVC Filters. Our IVC Filter Helpline can connect you with an experienced IVC Filter lawyer. We also keep you updated on the IVC Filter lawsuits and offer interesting and helpful information and resources. The following overview of IVC filters was found online. We hope it will be helpful to our readers.

Inferior Vena Cava (IVC) Filters
The Vascular Surgery team at the University of Michigan is dedicated to providing exceptional patient care in the U-M Cardiovascular Center (CVC), our new state-of-the-art clinical building.

Our vascular surgeons have extensive experience in placing inferior vena cava (IVC) filters to help prevent pulmonary emboli and we are continuing to investigate and research new advances for treatment in this area.

What is an IVC filter?
The inferior vena cava is the largest vein in the body. It carries de-oxygenated blood from the lower extremities to the right atrium of the heart and then to the lungs.
An inferior vena cava filter or IVC filter is a small cone-shaped device that is implanted in the inferior vena cava just below the kidneys. The filter is designed to capture an embolism, a blood clot that has broken loose from one of the deep veins in the legs on its way to the heart and lungs.

Without the IVC filter in place, there would be the potential for the embolism to cause a blockage of the pulmonary artery. The pulmonary arteries carry deoxygenated blood from the heart to the lungs. Blockage of one or both arteries is referred to as a pulmonary embolism (PE) and can cause difficulty breathing, chest pain, and death.

The IVC filter works by permitting blood flow to continue around the trapped clot. Over time, natural anticoagulants in the blood will help to break the clot down.

Who is a good candidate to receive an IVC filter?
You are a good candidate for the placement of an IVC filter if:You continue to develop deep vein thrombosis (DVT) or pulmonary emboli despite the monitored use of anticoagulants (e.g. Coumadin, low-molecular-weight heparin).
You are at risk of a pulmonary embolism, but cannot tolerate anticoagulation therapy due to another condition that puts you at the risk of bleeding.
You develop significant bleeding complications from anticoagulation
You have large clots in the inferior vena cava or iliac veins

How do I prepare for the placement of an IVC filter?
Your doctor will give you detailed instructions as to how to prepare for the procedure. These may include a suggestion to eat a light meal the night before the procedure and to not eat or drink anything after midnight before the procedure. If you regularly take any important medicines, your physician may ask you to take them on the day of surgery with a sip of water.

Follow your doctor s instructions about not smoking before and after the procedure. Smokers heal more slowly after surgery. They are also more likely to have breathing problems during surgery. For this reason, if you are a smoker, you should quit at least 2 weeks before the procedure. It is best to quit 6 to 8 weeks before surgery. Also, your body will heal much better if you do not smoke after the surgery.

Other Considerations
Plan for your care and transportation after the procedure and during recovery at home.
Before the procedure tell your health care provider if you have had any kidney problems or reactions to iodine-containing foods or chemicals, such as seafood or kidney contrast dye.
Before surgery, your health care provider will ask you to sign a consent form for angioplasty, bypass surgery, and angiography. Angiography is an x-ray study of the blood vessels using dye. This consent form is needed in case problems arise during the procedure and emergency surgery is needed.
You will have imaging studies, blood tests, and an electrocardiogram (ECG) before the procedure.
Someone at the hospital will shave and wash the area where the catheter will be inserted (neck or groin). This is to help prevent infection.
What happens during the procedure?
IVC filter placement is an endovascular procedure, meaning that the filter is inserted via a blood vessel. Typically, the femoral vein in the groin, or the internal jugular vein in the neck, is used.

You will be given a local anesthetic to numb the area where the catheter will be inserted. You will stay awake during the procedure, but will be sedated for comfort.

Your vascular surgeon will thread a thin guide wire through a needle inserted into a blood vessel in your neck or groin. A contrast dye will be injected into and x-rays will be taken as the dye moves through the bloodstream. Using these x-ray images, an IVC filter catheter will be advanced along the guidewire to the location of the placement. The IVC filter is then pushed through the catheter and deployed in the desired location. Once complete the catheter is then removed.

What happens after the procedure?
You will go back to your hospital room and rest in bed for 12 to 24 hours. You will most likely be able to go home the next day. You can usually resume normal activity within a day or two. Your doctor will let you know when you can return to work.

What are the risks?
You may have an allergic reaction to the local anesthetic or x-ray dye.
You may bleed a lot and need medicine or a blood transfusion.
The vein may be damaged. For example, the vein might be perforated during the procedure. Emergency bypass surgery or repair of the perforation (hole) would then be needed.
Although rare, the IVC filter itself may cause clots to form.
The IVC filter may shift following surgery, which would require that it be captured and repositioned.
Clots can still bypass the filter causing pulmonary embolism, however the risk is significantly reduced.
There is a risk of injury to the neck or groin where the catheter was inserted.
There is risk with every treatment or procedure. Talk to your surgeon for complete information about how the risks apply to you.

How can I take care of myself following surgery?
Do not smoke.
Eat a healthy diet that is low in fat and cholesterol.
Exercise according to your health care provider s recommendation.
Keep your appointment for your scheduled post-discharge office visit.
When should I call my health care provider?
Call your health care provider right away if:

You have chest pain.
You have constant or worsening pain or numbness in your arm or leg.
You have a fever.
You have shortness of breath.
Your leg becomes blue and cold.
You have bleeding, excess bruising, or a lot of swelling where the catheter was inserted.

Child Sexual Assault Lawyer For Florida, N.Y, Georgia

Get a Child Sexual Assault Lawyer

Was your child sexually assaulted?

Sexual Assault and Harassment Lawyers For Florida, New York and Georgia

Child sexual assault, sexual abuse and abuse are crimes which include:

voyeurism

exhibitionism

sexual photographing or videotaping,

forced touching in a sexual manner,

forcing your child to engage in sexual touch while under their care,

coerced and/or forced sexual intercourse,

physical violence

Date rape

Sexual assaults can happen in schools, daycare, with anyone whom you trust with the care of your child.

Then the abuserwill often make your child feel guilty and your child, the true victim will not come forward and break their silence.

As a parents or guardian you may bring a lawsuit on behalf of a child. Child sexual abuse lawsuits are sensitive issues and require an experienced attorney.

Did you know that every two and a half minutes, If your is sexually assaulted they may be afraid to say anything but, you will know something is not right. Approximately 1 in 4 females and 1 in 7 males are reported to have been sexually abused by the age 18.

If your child has been injured in a sexual assault call our Sexual Assault Lawyer Helpline today.

Were You Denied Your Social Security Disability Claim? Get A Lawyer, File An Appeal

Get A Social Security Disabilty Lawyer For A Georgia Or Florida Appeal

Our lawyer can help you file an appeal at no cost to you. We have lawyers covering all of Florida and Georgia. Let one of our experienced disability lawyers help you get your disability benefits.

Should I hire a Social Security Disability Lawyer?

Of Course You Should.

Having an experienced lawyer on your side may make all the difference. And it costs you nothing.

If you have been denied on your Initial Claim, an experienced social security disability lawyer can help you with your claim for continuing and past due benefits . Free Legal Shield has experienced social security disability lawyers for you thru-out Florida and Georgia.

Claims Are Often Denied The First Time Around

Initial claims are typically denied 60 to 70 percent of the time, depending on the state in which you filed, so chances are you’ll end up in a hearing.

For further information, contact us now for a social security disability lawyer.

We are here 24hrs, 7days.

Florida Mesothelioma Lawyers, Florida Mesothelioma Division Launched

Free Legal Shield has launched a Florida Mesothelioma Lawyer Helpline for victims of asbestos. There is funds for asbestos victims in various trusts that were set up for the purpose of compnesatin mesothlioma victims.

Mesothelioma and Asbestos Lawyer Helpline

What you need to Know

  • A trust fund allows the companies responsible for the asbestos exposure to plan their expenditures for compensation.
  • The trust fund is funded by mandatory contributions from the companies who built their profits on asbestos.
  • The trust fund is part of a Chapter 11 proceeding for the companies who have declared bankruptcy
  • Congress introduced special treatment for companies facing an overwhelming burden from asbestos litigation.
  • The company must commit at least 50% of their reorganized equity to a trust fund which will be used to pay asbestos claims.
  • The trust funds from which benefits will be drawn will be funded by contributions from several dozen companies who have caused victims to get mesothelioma from asbestos.
  • The contribution is set by the law.
  • The contribution is determined by the liability and capacity to contribute
  • Filing an asbestos bankruptcy trust claim requires showing evidence of an asbestos related injury.
  • Most trusts identify categories and levels of diseases that are eligible for various amounts of compensation.

Evidence Of An Asbestos Related Injury

Medical Documentation of Asbestos Disease Claim

  • Reports showing that the claimant has been diagnosed with an asbestos-related .
  • Documentation describing to what extent asbestos contributed to your disease.
  • A statement from a treating doctor regarding the diagnosis.
  • Evidence that you were exposed to asbestos at the company’s facilities or from the company’s products

It is best to get help from an asbestos lawyer with experience in these claims to make sure they are done correctly and to help gather the information. This is a tedious process which you and your family should not have to deal with on your own.

Fort Lauderale School Bus Accident Lawyer

If your child is injured in a school bus accident you may have recourse against the school or the driver that caused the accident. Call and speak to one of our school bus accident attorneys.

Your child rides on the school bus every day to go to school. You think nothing of it and put your trust in the driver. But, children sustain injuries each year in school bus related accidents.

Having your child injured in a school bus accidents can be devastating.

Let our school bus accident lawyers evaluate the accident and severity of the school bus injury and determine the liability.

School Bus Accidents Can Happen Because Of

  • There may be dangerous driving conditions
  • Roadsmay be in need of repair
  • A careless driver
  • A malfunctioning school bus
  • Insufficient upkeep of the school bus
  • An Inattentive driver

Common school bus accident injuries

  • Internal bleeding
  • Brain injuries
  • Severe skin burns
  • Lacerations
  • Spinal injuries
  • Death

If your child is injured call us for an experienced and compassionate lawyer

Fosamax Lawyers for Women Injured By Fosamax, Femur Fractures

Fosamax Femur Fracture Lawyers

Our Fosmax lawyers are filing lawsuits for Femur faracture from Fosmax.

Fosamax (alendronate) is a part of the class of bisphosphonates. Fosamax alters the cycle of bone formation and breakdown in the body. Fosamax slows bone loss while increasing bone mass, which may prevent bone fractures.

Fosamax is used in men and women to treat or prevent osteoporosis that is caused by menopause or by taking steroids. Fosamax is also used to increase bone mass in men who have osteoporosis, and to treat Paget s disease of the bone in men and women.

However, Fosamax has been a central focus of lawsuits. Fosamax has been linked to a number of severe side effects that has required many revisions of the Fosamax Warning label. These side effects have brought about a wide range of Fosamax lawsuits. Fosamax has been shown to cause Osteonecrosis of the Jaw Injury, Femur Fractures, and Severe Musculoskeletal Pain.

FDA Issues Fosamax Warning

On Oct. 13, 2010, the U.S. Food and Drug Administration issued a Fosamax safety about the risk of atypical femur fractures. The victims of Fosamax are mostly post menapausal women who lose bo have osteoporosis due to loss of estrogen. Fosamax has caused what it was prescibed to help, femur fractures.

Reports from the Hospital for Special Surgery and Columbia University Medical Center have reported that Fosamax changes bone remodeling in an unknown manner and may contribute to Fosamax Femur Fractures. Many medical journals have reported Femur faractures from Fosamax. According to the geriatric social worker who runs the helpline" Our concern is with the elderly who have been prescibed Fosamax. Femur fractures heal slower as we age and usually require long periods of rehabilitation and physical therapy."

The femur is one of the largest, and strongest bones in the body. The femur is the thigh bone. The femur extends from the hip joint down to the knee joint. Because the femur is such a strong bone, it can take tremendous force to cause a femur fracture. Spontaneous femur bone fractures are extremely unusual and serious for anyone but, especially serious for older women."

For the most part Femur fractures are caused by extremely high impact accidents like car accidents or Falls from a height although they can happen to the fragile elderly from a fall.

It is interesting to note that womwn may also have bone that is weakened by osteoporosis thae exact medical condition Fosamax was to help.

Femur fractures include:

  • Hip Fractures
  • Femoral Neck Fractures
  • Intertrochanteric Femur Fractures

Femur fractures almost always require surgery and long periods of rehabilitation and Physical therapy. Sometimes they result in a length variatopn due the a potential hip rotation during surgery and cam lead to poor balance. In some cases the pre- fracture level of functioning does not return completely.

Fosamax MDL Update

All Fosamax lawsuits alleging that the victim sustained an atypical femur fracture as a result of taking the bisphosphonate Fosamax, can also include victims who took similar medications such as Reclast or Boniva as long as they did, in fact, take Fosamax.

If you a family member or someone you are a caregiver for has a spontaneous femur fracture and is on one of these medications contact our Fosamax Helpline to find out if you can be included in the current Fosamax litigation underway.

Current Fosamax News

A U.S. District Court judge has ordered hundreds of Fosamax lawsuits returned to the state courts and out of the MDL.Judge John Keenan ordered that 200 Fosamax cases a month be returned to the state courts where they were filed.

Florida Unpaid Time and Half Claims, Unpaid Overtime Lawyers

If you have not been paid time and a half in Florida for overtime worked you may have a wage and hour claim against your employer.  You deserve to get paid according to Florida law for the hours you put in. You may have a class action lawsuit for unpaid wages. Our lawyers for unpaid wages offer legal help for:

  • Lawyers for time and a half pay for overtime,
  • Lawyers for Fair Labor Standards Act,
  • Labor Emplyment Lawyers ,
  • Class actions  for Unpaid Overtime Wages,
  • Lawyers for Wage and Hour Claims,
  • Lawyers for FLSA and Unpaid Commissions,

Overtime pay of time and a half is due once an employee has worked forty (40) hours in a work week.

The Fair Labor Standards Act ( FLSA )

The FLSA establishes the rules for  governing employees rights to minimum wage and overtime pay which include:

  • Time and a half wages for employees for all hours over 40 worked in a workweek.
  • A minimum wage of at least $7.25 for all hours worked.

What can I expect if I win a wage and hour claim against my employer?

  • Back pay for all unpaid overtime, beginning two (2) years before the lawsuit is filed.
  • Double the amount of unpaid wages, in some instances
  • Your employer will be liable for the attorneys fees

For the full details about your Florida unpaid wages, to file an unpaid wages claim and to see if you have a claim for unpaid overtime call our wage and hour claim hotline today

In Florida you deserve to get paid your full WAGES FOR HOURS WORKED and all overtime back pay for unpaid wages claims.