WELCOME TO THE BLOG OF ORLANDO PERSONAL INJURY ATTORNEY JEFFREY B. SEXTON, PA.


WE BLOG ABOUT RELEVANT ISSUES IN PERSONAL INJURY LAW, DISCUSS THE MISCONCEPTIONS SURROUNDING PERSONAL INJURY LAW, REPORT ON SOME OF THE MOST POPULAR CASES IN THE NEWS, AND PROVIDE READERS WITH HELPFUL PERSONAL INJURY INFORMATION AND RESOURCES.



PLEASE VISIT WWW.SEXTONLAW.COM FOR MORE INFORMATION.

Wednesday, February 13, 2013

Do You Have A Wrongful Death Suit?

The Florida Wrongful Death Act awards damages to family members for a loved one's wrongful death. For example, surviving family members can recover money for lost support and services with interest from the date of the deceased's injury to their death. Plus, survivors can also collect Florida wrongful death damages for future loss of support and services. In order to determine the amount for lost support, many factors will be taken into consideration including the following...

  • The replacement value of your lost loved one's services
  • Relationship between the survivor and the deceased
  • Amount of the deceased's net income available to the survivor

Also, to determine future losses, the life expectancy of both the deceased and the survivors will be evaluated. When minor children are involved, their ages will be taken into consideration as well.

Under the Florida Wrongful Death Act a surviving husband or wife can collect wrongful death damages for loss of companionship and mental anguish. In addition, minor children and all children, if there is no surviving spouse, can seek compensation for loss of guidance and companionship as well as mental suffering. Parents of a deceased child can also seek compensation for mental anguish. The survivor who has paid for medical and funeral bills can recover these expenses.

If your loved one has died because of another's carelessness or negligence, a knowledgeable wrongful death attorney is what you need to ensure that you are awarded compensation for your loved one's loss. Contact Florida Personal Injury Attorney Jeffrey Sexton at 407-293-1144.

Thursday, February 7, 2013

What To Do If You Are Bitten By A Dog In Florida


Florida, California, and Illinois are among the states that have strict liability laws when it comes to dog bites. If you've sustained a bite or injury from someone else's dog in the state of Florida, you could be entitled to compensation for those injuries.

In the state of Florida, there is a 'strict liability law'. Meaning that a dog owner is responsible for any injury caused by the dog to another person or persons -- regardless of whether the dog had a history of biting. Even if the owner takes preventative measures to avoid future occurrences, he or she can still be held responsible.
A few exceptions that would eliminate owner responsibility is if someone is trespassing and the dog attacks, if a person is maliciously or even annoyingly pestering or provoking an animal, and finally, in the instance that a caregiver is bitten such as a veterinarian.

Florida laws will hold a dog owner responsible if it is determined that negligence was involved and an injury was sustained as a result. For example, if an owner is aware that his or her dog is prone to bite and/or attack, and that dog is running freely throughout the neighborhood biting folks; then Florida will determine if negligence on behalf of the owner is the culprit. If the owner failed to keep the dog properly caged and/or muzzled, then a strong case for negligence exists. To prove negligence, there must be proof that the dog's owner failed to live up to the responsibility of preventing injuries to others. You must also show that there is a direct connection to your injury and the dog owner's irresponsibility, and that you suffered damages and/or financial and emotional loss as a result of the injury. However, if the state of Florida determines that you in fact contributed to some degree to those injuries by means of carelessness, then they can reduce the amount of compensation you are awarded.

If you are a victim of a dog bite, you may be entitled to compensation from the dog's owner or insurance company. Covering the cost of medical bills, surgeries, and any future cosmetic work as well as covering the cost of sustained mental anguish resulting in mental health care. In addition to lost wages, and any and all pain and suffering.

The State of Florida gives you four years to file a claim before the statute of limitations is up. So if you are bitten, seek medical attention right away and be sure to consult Florida Personal Injury Attorney Jeffrey Sexton.