Married or single women in relationships that are plagued by domestic violence or abuse can obtain a Protection From Abuse (PFA) order from a judge or family court. PFAs establish legal protection, authorizing law enforcement officers to intercede on behalf of women or children in danger to prevent abuser harm. The court can order an […]
You’ve found someone you want to live with, but marriage isn’t in the cards right now. Before you move in together, it’s a good idea to think through the legal implications of sharing a life and a home. A little bit of communication about your expectations can go a long way toward avoiding future problems. […]
When you’re starting into the process of adopting a stepchild, there are lots of things to think about and decisions to make. Here’s a checklist of some of the steps to take and things you’ll want to discuss with your attorney: If you’re adopting a stepchild, you must have the other biological parent’s written consent […]
When separation or divorce proceedings don’t go well–and tempers flare–many of our clients have heard bullying and guilt-inducing comments from their spouses. If you hear one of the following comments or anything else that alarms you during your case, take a deep, cleansing breath–then contact your lawyer right away. “Is money all you care about […]
No one should ever drink and drive. Individuals who are separating or divorcing need to be particularly cautious. A driving-while-intoxicated arrest, and especially a conviction, may have serious consequences in marital proceedings. First, there is the potential embarrassment of relatives and friends reading about the incident in a newspaper article or police blotter report. Second, […]
A premarital, or prenuptial, agreement is a legal contract through which intended spouses clarify their respective rights should the marriage fail. The agreement may cover many issues, but most common are property division, spousal support, and bases for divorce filing. Couples who have previously been divorced, who hold significant individual assets, or who marry late […]
Cell phone cameras and minicams in public places have helped law enforcement officers to identify law breakers, such as toll evaders and shoplifters. Anti-terror officials also have used cameras to identify suspicious individuals and criminals. Ordinary people with minicams have filmed tragedies ranging from tsunamis to auto accidents, and happier events such as family celebrations […]
AUTO ACCIDENTS – Seven Slip-ups Time and experience have shown that drivers can make seven mistakes that forfeit rights and limit opportunities for fair restitution in auto accidents. 1. Failing to call the police. Without an official police accident record, it is, unfortunately, one driver’s word against the other’s about what happened. All claims bear […]
It’s so much easier to prevent accidents than to deal with the painful consequences of a chance encounter. However, most motorists spend very little time learning how to drive more safely. Everyone is in such a rush to arrive that we cut corners and take chances. We would like to put a stop to that […]
What is “totaling,” and why is it bad? If you look at your auto insurance contract, you’ll notice a provision that if your car is damaged in an accident, your insurer doesn’t have to pay you more than your auto is worth. If it would cost more to fix the car than a certain percentage […]
When communicating with your own insurance company after an accident: Inform your agent of the accident as soon as possible. Describe the accident honestly, even if you were at fault. Your agent needs to know exactly what happened. Read your insurance policy to see whether you’re covered. Find out whether your claim may be covered […]
In general terms, a wrongful death claim refers to a cause of action that may be brought by certain family members of a decedent whose death was precipitated by the wrongful conduct of another. The wrongful act that resulted in death may have been intentional, reckless, or negligent. In cases where a dangerous product caused […]
A surviving spouse can bring a wrongful death claim. If there is no surviving spouse, the children may bring the death claim. If there is neither a surviving spouse or surviving children, the parents of the decedent may pursue the wrongful death claim. Absent a surviving spouse, surviving children, and surviving parents, the administrator of […]
Yes, even if the decedent never held a job, they may have contributed in some other way to the family. A good example of such a decedent is a housewife, who contributes services, guidance and nurturing to her family. These contributions are quantifiable as “pecuniary losses” in a wrongful death action.
Yes, in addition to the wrongful death, a decedent’s family may recover damages for the pain and suffering that the decedent endured prior to death.
It depends on whether a person dies as a result of injuries from the accident or from unrelated causes. If a person injured in an accident subsequently dies because of those injuries, that person’s heirs may recover money through a lawsuit. If a person with a personal injury claim dies from unrelated causes, the claim […]
Normally, the following are recoverable: expenses associated with the death (medical & funeral); loss of victim’s anticipated earnings; loss of victim’s benefits (pension, medical coverage, etc.); loss of inheritance; pain and suffering of the survivors; and the loss of care, protection, companionship to the survivors.
A criminal case arises when the government seeks to punish an individual for an act that has been classified as a crime. A civil case, on the other hand, usually has to do with a dispute over the rights and duties that individuals and organizations legally owe to each other. The burden of proof is […]
Given that wrongful death claims and survival actions generally involve a variety of complex legal issues, the first step is to consult an attorney. An attorney should be consulted as soon as reasonably possible because there are statutes of limitations and possibly other critical deadlines that may impact the case.
Many attorneys will agree to handle wrongful death cases and survival actions on a contingency fee arrangement. This means that the attorney will not charge an hourly rate for his or her services, but instead will be paid a percentage of the recovery in the event of a settlement or judgment.
The vast majority of all cases, including wrongful death cases, are settled prior to trial. Some cases are settled prior to the filing of a lawsuit, while others are settled during litigation or even on the “steps of the courthouse” just before trial. A wrongful death case, if litigated to trial, could last a number […]
This website is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship.
Holly Gayle Gershon
301 Crawford Blvd., Suite 101
Boca Raton, FL 33432