FLORIDA WRONGFUL DEATH ACT | STATUTE 768.16

FLORIDA WRONGFUL DEATH ACT | STATUTE 768.16

Wrongful death can be defined as the taking of the life of an individual resulting from the willful or negligent act of another person or persons. According to the law, if an individual is killed by the wrongful conduct of another, then the decedent’s heirs and/or other beneficiaries may file a wrongful death action against the person (or persons) responsible for the decedent’s death.

A wrongful death action is a civil form of action and thus separate from any criminal charges that may be pending, with the outcome of one having no effect on the outcome of the other. Therefore, it is not uncommon for one to be acquitted of murder but sued in civil court by the surviving family for wrongful death. lawyers

Wrongful death actions fall under the auspices of tort law, which is governed by statute. Since every state has its own statutory laws, wrongful death tends to vary from state to state in terms of whom may sue, what one can sue for and whether or not there are any limits to a damages award.

The Florida Wrongful Death Act (hereinafter, “Act”) can be found in statutory sections 768.16 through 768.26. The stated purpose of the Act is to shift the losses resulting when a wrongful death occurs from the decedent’s survivors to the wrongdoer. Thus, according to Florida law, remedial damages for wrongful death shall be liberally construed. See this website pls

What Are the Grounds for Wrongful Death?

According to Florida law, when a death is caused by a wrongful act, negligence, default or breach of contract or warranty and, if the person would have survived, the person would have had the right to sue for damages, then there exist grounds for a wrongful death action. More legal help here

Who Can Sue for Wrongful Death in Florida?

An action for wrongful death can be filed by the decedent’s personal representative (such as an attorney), who is responsible for recovering all damages caused by the death for the benefit of the decedent’s survivors. According to Florida law, a survivor includes the decedent’s spouse, children, parents and, in some cases, any blood relatives and adoptive brothers and sisters. The law specifically includes a child born out of wedlock of a mother, but excludes the child born out of wedlock of the father unless the father has taken responsibility for the child’s support.

What Kind of Damages Can Be Recovered?

The Florida Wrongful Death Act allows each survivor to recover the total value of lost support and services from the date of the decedent’s injury or death, with interest and future loss of support and services from the date of death, reduced to present value. When making this determination, the court should consider the following factors:

The survivor’s relationship to the decedent
The amount of the decedent’s probable net income available for distribution to the survivor
The replace value of the decedent’s services to the survivor
The joint life expectancies of the survivor and the decedent and, in the case of a minor child, the period of minority Other forms of optional damages available, dependent on the circumstances of the wrongful death, include:
A spouse may recover for loss of companionship, protection and mental pain and suffering
Minor children may recover for lost parental companionship, instruction and guidance, along with mental pain and suffering
Surviving parents of a minor child may also recover for mental pain and suffering
Medical and/or funeral expenses
Statute of Limitations

In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of death. In other words, if a loved one passes away because of another’s recklessness or negligence on July 1, 2012, you must file a Florida wrongful death claim by July 1, 2014. Failing to file a claim within Florida’s wrongful death statute of limitations may prohibit the deceased’s family from ever recovering compensation for their loved one’s death.

PERSONAL INJURY BASICS

Whether from a car accident, dog bite, boating accident, or slip and fall, if you’ve been injured in Florida, personal injury laws should be at the top of your list of things to investigate, especially if you believe someone else is to blame.

To win money in your case, you must show that another person was careless, or negligent, and that carelessness caused your injury.

If your accident was recent, you’ll want to move quickly to preserve evidence. Here are a few tips to follow after an accident that injures you:

Write down everything you can remember about how the injury occurred
Get the names and contact information of any witnesses to the incident
Report the incident to the proper authorities (for example, animal control for a dog bite or the local sheriff’s or police department for a car accident or boating accident)
Take pictures of any visible injuries to yourself or others and any damages to your property
Contact a personal injury attorney to see if you have a valid claim against the person who injured you before making any statements, written or verbal, to insurance company representatives

In Florida, many personal injury lawyers take cases on contingency, which means that they do not ask for an up-front retainer fee but will take a percentage of any proceeds you collect. This means they will be financially motivated to take solid cases and will be frank with you about your ability to file a successful claim.

The statute of limitations, or deadline by which to file a personal injury lawsuit in Florida, is four years from the date of the injury.If you do not file in this time, you give up your right to sue. Certain types of accidents, such a boat accident in the Atlantic Ocean or Gulf of Mexico, may have a shorter statute of limitations.

Florida Personal Injury Laws

In most cases, to collect money in Florida after suffering a personal injury, you need to show that the other person involved: personal Injury

Had a duty not to injure you but failed to in that duty; and,
The failure of that duty is directly related to your injuries; and,
You suffered damages
However, the big exception to Florida personal injury laws is automobile accidents. Florida is considered a no-fault state, which means each person’s own car insurance will pay for injuries and damages resulting from an accident, no matter who was at fault. Each driver is required to carry a personal injury protection (PIP) policy, covering a minimum of $10,000 per person per crash.

Florida law does allow you to file a personal injury lawsuit after a car accident if the injuries are serious. Florida law defines serious personal injuries as those resulting in:

Significant and permanent loss of an important bodily function
Permanent injury within a reasonable degree of medical probability, other than scarring or disfigurement
Significant and permanent scarring or disfigurement
Death
It is best to speak with a Florida injury lawyer personally about your automobile accident if you believe you have suffered a serious injury and are eligible to file a personal injury lawsuit.

What Kind of Damages Would an Injury Lawsuit Cover?

If you can prove another person was at fault for injuring you, you may be entitled to be compensated for your losses. Those losses include:

Past, current, and future estimated medical expenses
Lost wages from work, including time spent going to and from medical appointments and therapy
Any property damaged because of the incident
Any permanent disfigurement or disability
The cost of hiring someone to do household chores when you could not
Your emotional distress, including any anxiety and/or depression
Interference with your family relationships, called loss of consortium
Any other costs that were a direct result of your injury
What if More Than One Person Is to Blame for Your Injury?

There are plenty of circumstances in which more than one person may be to blame for your injury. For example, if a pet-sitter allows a dog that local officials have already identified as dangerous off a leash, you may have a suit against the pet-sitter and the dog owner. Florida’s joint and several liability rules set up a very structured system for dealing with more than one person at fault.

Any person found to be 10 percent or less at fault will not pay out of pocket for any of your economic losses. Any person found to be more than 10 percent but less than 25 percent at fault will be responsible up to $500,000. Any person between 26 and 50 percent at fault will be responsible for up to $1 million of your damages. And, if a person is found to be more than 50 percent at fault, he or she will owe up to $2 million of your damages. car accident

What Happens if You Are Partially to Blame for Your Injury?

All those numbers change if you contributed to your own injuries. Florida has comparative negligence law, which means if you are partially responsible for the incident that caused your injuries, then your potential award at trial is reduced.

So if you are partially to blame and another person is more than 10 but less than 25 percent at fault, you can only collect up to $200,000. If the other person is between 26 and 50 percent at fault, the most you can collect is $500,000. And if another person is more than 50 percent at fault – but you were also partially at fault – the most you can collect is $1 million.

What Happens if You Are Injured by a Product

How you prove a case against a company which produced a defective consumer produce is different from other personal injury cases in Florida. Instead of showing that the company was negligent, the company has what is called strict liability. This means the company has an absolute duty to make its products safe. If it didn’t, and the defect caused an injury that resulted in your suffering damages, you may have a case. Again, talk to a Florida injury attorney about your product liability case.

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Water Heater Service in San Antonio

Water Heater Service in San Antonio.

Same day service open 24 hours 7 days a week.

Welcome to San Antonio Water Heater Service. We are a locally established Plumbing repair company specializing in any types of Water Heater repairs and services. San Antonio Water Heater Service has more to offer than other local contractors. Call us 24 hours 7 days a week at our toll free number: water heater services

Check out our easy to repair Water Heater tips or let us take care of your Water Heater needs.

At San Antonio Water Heater Service we want to help you manage your busy life by allowing you to schedule your Plumbing repair appointment as conveniently as possible. You can call us

You may now schedule your appointment online. Please send us an Email at [email protected] Antonioplumbingrepairs.com and submit your name, phone number, address and brief description of the problem. We will confirm your appointment in the next 60 minutes

Electric Water Heaters

Electric water heaters can present a number of problems. Their thermostats can go bad, the tanks can leak, the heating elements can burn out, relief valves can pop off, and all sorts of related trouble can come up. Gas and electric water heaters are very different in the ways they work. They both do the same job, but they don’t do it the same way. Let’s begin our troubleshooting lesson with electric water heaters and close it with gas units. I think it goes without saying, but beware of the electrical wires and current involved when working with electric water heaters. As you probably know, there is a lot of voltage running through the wires running of a water heater. Once the access cover of an electric water heater is removed, you must be extremely careful not to touch exposed wires and connections.plumbing services

Relief valves that pop off

Relief valves that pop off signal one of three problems: the relief valve is bad, the water heater is building excess pressure, or the heater is building excess temperature. The problem is usually just a defective relief valve. In such cases, replace the relief’ valve and monitor it to see that the new valve works properly. If the new valve releases a discharge, investigate for extreme temperature or pressure in the tank. The temperature of water in the heating tank can be measured with a standard thermometer. Discharge a little water from the relief valve into a container and test its temperature. If it is too high for the rating of the temperature-and-pressure relief valve, check the thermostat settings on the water heater. Turn the heat settings down and test the water again after the new temperature settings have had time to work. If the reduction on the thermostat settings does not lower the temperature of the water in the tank, replacement of the tank is usually the best course of action. If you suspect the water heater is under too much pressure, you can test the pressure with a standard pressure gauge. The easiest way to do this is to adapt the gauge to a hose-thread adapter and attach it to the drain at the bottom of the water heater. As long as the drain is not clogged, you can get an accurate pressure reading. You could also adapt the gauge to screw into the relief valve and test the pressure by opening the relief valve. Appliance repairs tips and info

Call us 24 hours 7 days a week for fast water heater plumbing repairs in San Antonio at our toll-free number:

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Central Heating Texas | Expert Heating Services

Central Heating Texas | Expert Heating Services.

If you need a plumber in South Texas, please give us a call. Central Heating Texas | The Pros And Cons Of Gas Central Heating
The majority of households uses gas central heating. Do you know the pros and cons of using central heating? This article will help you decide if you want to go down the gas central heating route.Gas Heating System More here

A gas central heating system is basically called a ‘wet system’. This means that the gas heats up your boiler water, which is then dispersed through all the radiators in your home and of course through your taps giving you a lovely hot shower and hot water your dishwasher and washing machine.Central Heating Texas |

The Pros

In terms of the cost of heating your home, gas is relatively inexpensive compared to the other alternatives available. Today, you can install boilers which re-use the hot flue gases which therefore give very high efficiency when warming your home. The old boilers do not use the hot flue gases which are therefore waste of energy.

In addition, nearly every home in the UK has gas piping available. This means you do not have to store any alternative fuel or have any of the transportation costs of receiving alternative fuel such as liquid petroleum gas, which would need to be delivered to your home and also stored in a tank.

As most homes use gas central heating, finding a Texas plumber to fix any problems or to service your boiler is very easy. It is a legal requirement for any plumber in Texas to be registered with the Gas Safe registered scheme, so please remember that when deciding which Texas plumber you may want to use. You can actually check if a Texas boiler engineer is on the Gas Safe registered scheme by calling us. Better safe than sorry!

It is also worth asking your neighbours, friends and family if they can recommend a professional plumber Texas company to perform any work for you.Central Heating Texas |

The Cons

Although gas as a fuel all to warm your home is inexpensive to the alternatives such as liquid petroleum gas, gas prices are pretty high at the moment and are not looking to go down any time soon. The reason gas prices are so high in the UK is that the UK has to buy their gas from other countries at a premium.

Of course, the installation of a boiler and whole house gas central heating system can be very expensive, take a number of days and will disrupt the day-to-day living in your home as you will have workmen in your house warming installation of the radiators, etc.

From a green perspective, gas does produce carbon dioxide which is not good for the environment.Central Heating Texas |Further Advice

If you need any further advice on central heating, other plumbing issues or an emergency plumber Texas, please feel free to give us a call on 01923 827770 for a no obligation conversation. Call Us!

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