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.

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.

Safety Tips For A Dog Attack

A Brevard County woman narrowly escaped being attacked by two dogs recently. Police say that the woman was exiting her car when the dogs ran up to her, growling and foaming at the mouth. Fortunately she was able to close her car door before she was bitten.

Thankfully the woman was able to take shelter in her vehicle, but what if that's not a possibility?

• If a loose dog approaches you, stand completely still. Keep your hands at your sides and try to stay calm and quiet. 
• Do not make eye contact with the dog. 
• If you have been knocked to the ground, curl up into a ball. Keep your knees to your chest and your hands over your ears. Keep your face as close to your knees as possible. Again, try to remain calm. 
• Make very slow movements and don't run. This may excite them. 

There are steps dog owners can take to reduce the chance of an attack:

• Studies have proven that spaying or neutering your dog reduces aggression. 
•  Never slap, hit, or hurt a dog.
• Speak to your dog in a calm voice. If you feel yourself getting frustrated, take a time out. 
• Don't bother a dog when it is eating, or chewing a bone. 
• Never leave a child unattended with a dog. 88 percent of fatal dog attacks among two year olds happened when the child was left unsupervised with the dog. 
• 24 percent of fatal dog attacks involved a loose dog that was off their owner's property.
• Obey leash laws. You will be protecting your community and dog by doing so. 
• Do not chain your dog. Chained dogs are almost 3 times more likely to bite. Chaining a dog increases their stress, vulnerability, and protectiveness. Fencing is a safer, better solution. 

For more information on how to reduce your dogs aggression, visit www.americanhumane.org. If you have been attacked by a dog, contact Florida Animal Attack Attorney Jeffrey Sexton at (407) 293-1144.

Is Your Property Poorly Maintained?

Homeowners and businesses have a duty to make sure their property is reasonably safe. Premises liability is based on the concept that when individuals act without regard to their duty of care, the victim of a personal injury caused by that negligence should be compensated appropriately.

Every day, people are injured while on another party's property. This can include injuries that occur in someone's home, on a walkway, in a parking lot, or at a place of business such as a grocery store, department store, restaurant, amusement park, sports stadium, bar, nightclub, fitness center, or hotel. Often, people have the mistaken impression that wherever they suffer an injury, they may have a claim against the person who owns that property. However, unless the property has been negligently maintained, under Florida tort law, a property owner may not be liable.

Injuries resulting from poorly maintained properties are common and can involve:

• Assault at a place of business due to negligent security
• Poor parking lot or sidewalk maintenance
• Unsafe stairways
• Slip and fall accidents
• Falling merchandise (from shelves)
• Unsafe amusement park rides (overnight fairs)
• Dog bites or animal attacks
• Unsafe handrails
• Accidents at construction sites
• Injuries occurring in or around swimming pools, which can include spinal cord injuries, brain damage, or drowning

If you or someone you know has been injured as a result of negligence on behalf of a home or business owner, contact Florida Personal Injury Attorney Jeffrey Sexton

Save A Life By Anchoring And Stabilizing Your TV, Furniture, And Appliances

One child dies every two weeks as a result of an appliance, a piece of furniture, or a TV falling on them. In an effort to prevent tip-over related accidents, the U.S. Consumer Product Safety Commission (CPSC) is encouraging parents to anchor and stabilize their furniture, appliances and TVs. When children decide to scale one of these items in search of a remote or game, the consequences are often tragic.

Between 2000 and 2011, 349 people were killed as a result of a TV, appliance, or furniture items overturning. Of that number, 84 percent were kids younger than 9 years old. Forty-five percent of accidents occur in the bedroom. It's believed that as families integrate flat screen televisions into their living rooms, the older, much heavier TV is moved into the bedroom. Often times we place our TVs on items, such as dressers, that aren't meant to hold a television. This is when disaster happens.

Even our ultra thin televisions can weigh as much as 50 to 100 pounds, which is no match for a small child. Kids that are involved in these types of accidents often sustain severe head injuries and other injuries resulting from being trapped or crushed by the item falling on them.

To help prevent tip-over tragedies, CPSC recommends the following safety measures in homes where children live or visit:

• Anchor furniture to the wall or the floor.
• Place TVs on sturdy, low bases, or anchor the furniture and the TV on top the base, and push the TV as far back on the furniture as possible.
• Keep remote controls, toys, and other items that might attract children off of TV stands or furniture.
• Keep TV and/or cable cords out of reach of children.
• Make sure freestanding kitchen ranges and stoves are installed with anti-tip brackets.
• Supervise children in rooms where these safety tips have not been followed.

Stay safe and have a happy New Year from Florida Personal Injury Attorney Jeffrey Sexton.

More Than Just A Bruised Ego...

It’s happened to all of us. That moment we wish we could erase from our minds. That painfully embarrassing moment you slipped and fell in front of everyone. Maybe it happened when you were in school and that boy or girl you liked saw it. Maybe it happened in front of a co-worker you can’t stand. Maybe it happened at a wedding.

Whenever or wherever it happened, we feel the same two sensations: embarrassment and pain. Often times, the embarrassment is worse than the pain. We just want to stick our head in the sand or wish ourselves away from the situation altogether. We may not even realize how seriously we may have injured ourselves. We don’t want anyone helping us. Some of us would sprint away with a broken leg just to get away from the humiliation.

The truth of the matter is, a bruised ego is far less serious than a broken leg. Human beings are flawed creatures and we trip from time to time; and as the world’s only bipedal creatures it’s understandable. But sometimes, we fall as a result of someone else’s mistake. Often, we are so mortified we fell, we don’t take inventory of why we fell, especially in public. At home, it’s a little less humiliating when we have an accident and we are more inclined to investigate the ‘why’ since we are much more familiar with our current environment.

If you do happen to slip anywhere, take notice of why. Don’t worry about your bruised ego, as it will eventually heal. Take pictures of the place you slipped and/or tripped. A great many times it could be the result of negligence, which could in turn entitle you to damages as well as preventing it from happening to someone else.

So remember, if you trip, slip, or fall, do your ego the favor of gathering information, getting medical attention, and contacting Florida Personal Injury Attorney Jeffrey Sexton.

Steps To Take After A Car Accident

There are no two automobile accidents alike in the State of Florida. Each particular case is comprised of its own set of unique injuries, damages, and losses. Most accidents are caused unintentionally from such distractions as cell phone use, GPS, stereo, or by other unsafe acts such as eating, looking at a map or simply not paying attention.

In other cases, factors include high speed and reckless driving, driving without a license, driving under the influence, or driving while intoxicated. These are not only negligent, but criminal.

Whenever you are in an automobile accident, it’s imperative that you notify the police and seek legal counsel immediately. Many times an accident can seem to be a run-of-the-mill fender bender. Days later, injuries can make themselves known -- and prove to be costly. Make sure no matter how small it is to alert authorities. A small fender bender may expose that the operator of the vehicle was in fact impaired, uninsured, or any one of the previous acts of negligence in the aforementioned paragraph. If that is the case, you may be entitled to an award for the damages incurred as a result of negligence.

Often times, it is just a simple fender bender and the two parties can swap information and go on their way, but better safe than sorry. If you are in an accident small or large, remember:

1. Alert the authorities.

2. Get the other drivers info.

3. Take a picture of their car and yours.

4. Retain legal counsel.

Contact Florida Personal Injury Attorney Jeffrey Sexton if you have been involved in a car accident.