Florida Personal Injury & Criminal Defense Video FAQs
Who can be sued in a Florida boating accident case?
Depending on the facts of the case, the driver of the boat can be sued. Also the owner of the boat. One of the things you have to look at in any boating accident case is how the injury occurred because sometimes an injury can occur as a result of a defective product or a defective boat design. An experienced boating accident lawyer will be able to investigate all potential damages and claims and make sure the at-fault parties justly compensate the injured person.
Can I file a brain injury lawsuit on behalf of a loved one?
If you’re wondering if you can file a brain injury lawsuit on behalf on a loved one, it will depend on your relationship with that person. Additionally, if the person does not have the legal capacity to file an action on their own, certain court documents will need to be put in place before any action can be brought. It is very important for you to speak with an attorney regarding a brain injury case and filing one on behalf of a loved one. Contact us at the Matassini Law Firm, and we can advise on what needs to be done and how to protect you and your loved ones.
I did not feel pain at the scene and refused medical treatment. Now, a few days later, I am in pain. What should I do?
This is not an unusual scenario. Many times after an accident, due to the stress and excitement of the accident, a person may not feel pain immediately and it may develop over the next few days. The most important thing is to get treatment as soon as possible once you feel pain so that we can document the injury and provide proof that you are injured.
In an automobile accident case, it’s extremely important that you seek medical treatment within 14 days. Failure to do so may cause you to lose your auto personal injury protection benefits.
What are some common causes of brain injury?
Traumatic brain injuries do not always involve skull fractures or open head wounds, and oftentimes you may not even lose consciousness. The most common causes of traumatic brain injuries include contact sports, falls, violence caused by another person, motor vehicle accidents, and lack of oxygen. If you have suffered any of these events, it is very important to seek medical attention and contact us at the Matassini Law Firm so we can discuss your injuries.
What are the common indicators and symptoms of a traumatic brain injury?
Traumatic brain injuries, or TBI’s, are one of the most devastating injuries someone can sustain in an accident. One of the common indicators or symptoms associated with TBI is headaches, nausea, dizziness, sensitivity to light and sound, memory loss, fatigue, irritability, or mood changes. One of the most devastating symptoms associated with TBI was recently discovered by the Veterans Health Administration when they performed a cohort study of over 350,000 veterans. The VA discovered that even with a concussion and without a loss of consciousness, you will have a twofold increase in the risk of dementia. Now imagine having memory loss to you or your family members. That’s a tragedy.
What are the main classifications of traumatic brain injuries?
All brain injuries are unique, but brain injuries are typically classified into three categories: mild, moderate and severe. The Glasgow Coma Scale is often used by physicians to measure the degree of the injury. Damages from traumatic brain injuries are often significant. Medical bills pile up and injuries can last a lifetime.
What compensation am I eligible for if I have been injured?
In a traumatic brain injury case, generally there are two types of damages that an injured party can receive compensation for: economic damages and non-economic damages.
Economic damages deal with medical bills, lost wages, future medical expenses, the actual out-of-pocket money that an injured party has suffered as a result of the injury that they sustained.
Non-economic damages deal with pain and suffering, loss of consortium, loss of the ability to enjoy life. You may recover for both non-economic and economic damages when you have been injured by an at-fault party.
Are there parties other than the at-fault driver against whom I can take legal action in a Florida auto accident case?
There are other parties that you could potentially have action against if you are involved in a Florida automobile accident case. One would be the owner of the at-fault driver’s vehicle. Another would be the employer, if the at-fault driver was working within the course and scope of his or her employment. If the driver of the vehicle of which you are a passenger was negligent in any way, you could have a course of action against that driver. And finally, you can seek compensation from your own uninsured motorist insurance.
Can I receive money even if the Florida car accident was my fault?
You may be able to receive compensation even if you were at-fault in the accident. Florida law allows parties to receive compensation for damages that they sustained based on their actual percentage of fault. If you were 75% at-fault in an accident, that does not prohibit you from recovery. An experienced auto accident lawyer will be able to evaluate your claim and let you know what type of compensation you can receive based on the facts of your case.
Can I sue the driver of the car I was riding in if I was injured in a Florida car accident?
Yes, you can. There is no Florida law that prohibits a passenger from suing the driver of the vehicle that they were riding in. What Florida law takes into consideration is who’s at fault. If the driver of your car is at fault, you may be able to recover damages from his auto insurance policy. Contact an experienced lawyer who can evaluate your claim and let you know whether you’re entitled to compensation.
Do I have to give a recorded statement to the insurance company in a Florida auto accident case?
Yes. If the insurance company is your insurance company, but you do not have to give a recorded statement to the at-fault party’s insurance company. Florida law requires that you cooperate with your own insurance company, but it’s best to speak to a lawyer before ever giving a statement or any information to the at-fault party’s insurance company.
How quickly should I contact an attorney in a Florida auto accident case?
If you or a loved one have been involved in an automobile accident in the state of Florida and believe that you are injured. It is important that you call an attorney to discuss the facts and circumstances regarding your case. A qualified attorney can advise you of how to proceed and whom you may have potential claims against.
If I miss work as a result of a Florida car accident, can my lost wages be recovered?
If you have missed work as a result of an automobile accident in the state of Florida, you can recover your lost wages. Contact the Matassini Law Firm. We can help you recover your lost wages through your own insurance company, known as your PIP, Personal Injury Protection. We can also help you formulate a claim against the at-fault driver’s insurance company and seek compensation for any excess lost wages.
Speak with us. The consultation is free, and we’re here to help.
My physician determined that my injuries from my Florida car accident are permanent. How can I protect my future?
If one of your treating physicians believes you suffered a permanent injury, you may be entitled to future medical expenses. Spinal cord injuries and traumatic brain injuries require continuing lifelong care throughout your life. It is incumbent upon your attorney to work with your physician in preparation for trial, so that the physician is able to testify to a reasonable degree of medical certainty that it is more likely than not that you sustained a permanent injury.
Should I go to the doctor after my Florida car accident?
If you have been involved in an automobile accident in the state of Florida and you feel any sort of stiffness, bruising or numbing pain, then yes, absolutely you should go seek medical attention. Also, don’t forget if there were any children in your car, get them seen by a doctor because children often cannot explain to us why they may not be able to sleep or what sort of injuries they feel. Remember, you have 14 days to seek medical attention, otherwise your PIP benefits will be affected.
What if the driver who hit me in Florida was drinking?
If you’ve been injured in a Florida car accident and the driver who hit you was drinking, there’s a good chance you’re entitled to punitive damages. Punitive damages are different than economic and non-economic damages. Punitive damages are meant to punish a defendant and compensate those individuals who’ve been injured by their reckless conduct.
What information should I obtain after my Florida car accident?
First and foremost, if you’re injured, you need to call 911. It is important that you also call law enforcement and ask for EMS services. Law enforcement needs to arrive and prepare a report. It’s far too common for the at-fault party’s insurance company to attempt to undermine your claim simply by asserting that the accident never happened or that their party was not at fault.
It is important that you contact law enforcement, contact EMS, take photographs of the scene and the surrounding area to help your attorney conduct his investigation into the crash. It is also important that you bring a health insurance card and your auto insurance card to the hospital with you so that they can bill your healthcare providers and help your attorney obtain justice for you.
What is distracted driving?
Florida is one of the states that has enacted distracted driving laws in recent years to reduce the occurrence of distracted driving accidents. There are three forms of distracted driving. Manual is taking your hands off the steering wheel. Visual is taking your eyes off of the road. Cognitive is taking your mind off of the act of driving. Although a lot of the discussion in recent years has circled around cell phone use and distracted driving, there are other ways a driver can be distracted. Talking with passengers, talking with children in the back seat, even changing a radio station: all of these can cause drivers to be distracted.
What is the first thing I should do after a Florida car accident?
If you’ve been involved in an automobile accident in the state of Florida, the first thing you should do is check on the safety of everyone involved. Exchange some contact information with the other driver and get the names of the witnesses to the accident. Finally, remember you have a cell phone. Take pictures of the cars, of the accident scene, and the surrounding location. You can call us next and we will advise you on how to proceed with your automobile accident claim.
What is the purpose of obtaining uninsured or underinsured motorist coverage?
Underinsured or uninsured motorist coverage is a valuable benefit to have on your automobile insurance policy. Many times, people in this state are driving with either no insurance or not enough insurance. And if you’re in an accident and seriously injured, and there’s no insurance or not enough insurance, your UM coverage will provide coverage to you to compensate you for your injuries. It’s fairly reasonably priced in Florida. It must be offered to you if you have liability coverage, unless you sign a written rejection.
What is the statute of limitations to bring a Florida auto accident case?
Florida law affords a four year statute of limitations for you to file suit against the at-fault party in the accident.
However, if you’ve obtained uninsured motorist, or underinsured motorist coverage, through your insurance company, that affords you a five year statute of limitations because that’s under contract law.
It’s important for you to contact your attorney immediately so that he evaluates and determines the best plan of action, moving forward with when to file suit. The last thing you want is for the statute of limitations to toll in your case, and now you’re unable to bring a claim against the at-fault party. And help you get justice.
What should I do if the insurance company offers me a check right away?
If an insurance company offers you a settlement check right away, I would suggest calling an attorney to discuss the facts and circumstances of your case. Also be wary if any insurance company asks you to sign a release before you have that release reviewed by a qualified attorney. Call us at the Matassini Law Firm. We’re here to help you, and we’re here to protect your rights.
How much time do I have to file a baby powder cancer lawsuit?
In Florida, generally the answer is four years. The statute of limitations, though, can vary from state to state, so it depends on where the injury occurred. An experienced lawyer will be able to evaluate your claim and give you the best advice on how long you have to file your lawsuit.
Who can make a baby powder cancer claim or file a talcum powder ovarian cancer lawsuit?
Women who have suffered from a diagnosis of ovarian cancer who have used baby powder or talcum powder for feminine hygiene can potentially make a claim for damages and injuries that they sustained. If the user has passed away, then the surviving family member can also file a claim on behalf of their loved one. Exposure to baby powder or talcum powder requires significant analysis. Contact an experienced lawyer today to talk about your potential ovarian cancer claim.
Who is most at risk for developing baby powder ovarian cancer?
Unfortunately, women with a long history of using baby or talcum powder for personal hygiene, cosmetics companies and large corporations for years have told women and small girls to use baby or talcum powder as part of their daily routine. Now we know it potentially causes ovarian cancer.
Contact an experienced lawyer today to evaluate your ovarian cancer claim.
I was injured in a Florida motorcycle accident, but I wasn’t wearing a helmet. Can I still recover damages from the other driver?
You can still recover damages from the other driver if you’re injured in a motorcycle accident, yet you were not wearing a helmet. It’s extremely important for every motorcycle rider to wear a helmet. However, if you do not, Florida is a comparative fault state. It is up to the jury to determine the percentage of fault attributed to the at-fault party and also what types of percentage of fault you might carry for failing to wear your helmet. Just because you didn’t wear a helmet doesn’t mean you can’t obtain justice.
Should I release my medical records to another driver’s insurance adjuster?
It is important that you never release any records or speak to an at-fault party’s insurance company. Leave your attorney to do that. That is his job. Far too common for the at-fault party’s insurance company to attempt to undermine your claim. They will act like they are your friend. They are never your friend.
What are some common motorcycle accident injuries?
More than 80% of all reported motorcycle crashes result in injury or death. Some of the most common injuries though are head and leg injury, road rash, muscle damage, and bikers arm. Contact an experienced lawyer today to evaluate your claim.
Who can file a claim in Florida for injuries or death to motorcycle operators and passengers?
In Florida, if there has been a motorcycle accident and that accident has resulted in a death, the personal representative of the estate of the deceased would bring an action on behalf of all of the survivors. If the motorcycle operator or passenger was injured, then that survivor would bring forward his or her own action. If the passenger was a minor, usually the parents will bring forth a claim on behalf of the minor.
Can I sue an apartment building owner for wrongful death over a killing that occurred in the apartment parking lot?
You absolutely may bring a claim against an apartment complex or a premises owner for killings that occur on their premises. If a apartment complex or a premises owner is aware of criminal activity occurring on their premises, they have a duty to maintain a safe premises and guard against any foreseeable third-party criminal conduct.
Does a property owner have a duty to provide security guards?
Not always. Under Florida law, property owner though, does have an obligation to protect a tenant or person who comes upon the property from reasonable foreseeable criminal conduct. If a property owner is on notice that criminal acts have occurred, they have an obligation to protect.
I was attacked in a dark parking lot. Is the owner responsible for my injuries and damages?
Unfortunately, parking lots can be a very dangerous place, Especially at night. If a property owner has prior notice of an incident of harm in a specific parking lot, he or she has a duty to protect against that harm from occurring again.
What is negligent security?
Criminal activity can affect any of us. Negligent security is a type of premise liability claim whereby an injured party seeks compensation for the injuries they sustained as a result of a criminal actually. Property owners in Florida have a duty to keep the property safe. Negligent security cases can involve robberies, sexual assault, or other violent acts involving dangerous weapons or firearms.
Can a nursing home resident sue for physical, emotional, or psychological damage?
Absolutely. When a resident of a nursing home has been injured, through the reckless or negligent act of another, they can receive all the compensation that the law provides. In Florida, an injured party can receive compensation for economic damages, non-economic damages, and potential punitive damages. Contact an experienced nursing home lawyer today to evaluate your claim.
Do I have a claim in Florida if unsafe conditions on someone else’s property caused my injury?
Florida law affords you the ability to bring a claim against a property owner for unsafe conditions found on their premises. It is important that you contact an attorney immediately, to help you determine what duty the premises owner owed to you for the unsafe conditions on their premises.
Does an accident report have to be filled out at the time of the fall?
An accident report does not need to be filled out at the time of a fall. However, it is in your best interest to have an accident report filled out, and one that you sign, so that your attorney can later obtain it from the managers or from the at-fault parties.
How can a business owner provide a reasonably safe environment?
Business owners have a heightened duty to their business invitees or patrons entering their premises. It is incumbent upon them to inspect their premises and determine if there are any dangerous conditions, and to correct and warn their patrons of any of these dangerous conditions upon their premises.
Should I take any photographs if I was injured in a slip and fall?
It is imperative for you and your claim that you take photographs of any substance or cracks or defects that you slipped on, on someone’s premises. These will aid your attorney in bringing your claim and helping you obtain justice.
What are the common causes of slip and fall accidents?
Every year in America, over one million people visit the emergency room as a result of injuries that they sustain in a slip and fall case. Some of the most common causes of slip and fall incidents are wet or uneven pavement, weather conditions like ice, rain or snow, improper job training, nursing home abuse, where a resident is not looked after and falls, or footwear. Think flip flops and high heels.
What is a hazardous condition and who is responsible for it?
A hazardous condition is a dangerous condition. One that’s unsafe. In Florida, a property owner can be liable for any hazardous condition that happens to be on his or her property. Property owners have a duty to maintain their properties in a reasonably safe condition. Therefore, if a hazardous condition exists, a property owner may be liable for any injuries that are sustained as a result of the hazardous condition.
Should I accept a settlement offer in my Florida spinal injury case?
That’s a complicated question, and one that must be evaluated closely with an experienced attorney handling spinal cord injuries. Spinal cord injuries are often significant and the medical bills are substantial. Therefore, any settlement must take into account compensation for the injury that you sustained and any future medical expenses that may occur.
What is a spinal cord injury?
A spinal cord injury is damage to any part of the spinal cord, or the nerves at the end of the spinal canal. Spinal cord injuries are often significant and permanent in nature. You should contact a qualified lawyer immediately about your spinal cord injury case.
What is whiplash?
Whiplash occurs when the neck and the head are suddenly forced backward and then forward in a lightning quick manner. The forces involved in whiplash can cause significant permanent injury to the spinal column. Contact an experienced auto accident lawyer today to evaluate your whiplash claim.
What should I do if an insurance company approached me about my injuries?
First and foremost, insurance companies are never your friend. It is their job to undermine your claim at every possible turn. If an insurance company asks you about any injuries that you sustained, do not answer any of their questions, and contact an attorney immediately so that he can protect your rights.
Are Florida truck accident claims more difficult than car accident claims?
Florida truck accident claims are significantly more detail-oriented than auto accident claims. There’s many steps that your attorney needs to be aware of in protecting your claim and ensuring all evidence is collected so that we can obtain the best outcome for you in your case.
Are there special rules that apply to commercial trucks in Florida?
Yes there are. There are both state and federal regulations that apply to commercial trucking from both the safety standpoint and a financial responsibility one. Commercial trucks have very strict rules that they must follow. A violation of those rules may constitute negligence and could be used as evidence in a civil trucking accident trial.
Can I sue the truck driver’s trucking company for my injuries?
Yes. An employer is liable for the negligent acts of his employee committed during the course and scope of his employment. Under the Federal Motor Carriers Act and Florida’s similar act, you can also sue the owner of the truck the driver was operating, the owner of the trailer that was being pulled by the truck. In some cases, those vehicles may have been leased and not owned. You can sue the person that leased the vehicle and/or the trailer. Sometimes you can sue the person that loaded the trailer negligently, causing an accident.
In any scenario, there’s a lot of evidence that truck drivers are required to maintain under the Florida Motor and Federal Motor Carriers Act. It’s imperative that a preservation letter be sent out as soon as possible to all potential defendants, so that this evidence is not lost or destroyed. Failure to do so may harm your case and really make it difficult to prevail, and it makes it difficult on your attorney if this evidence is not preserved.
How is a trucking company generally held responsible for one’s injuries?
Trucking companies are vicariously liable for the negligent actions of their driver and for the negligent operation of their trucks. Trucking companies can also be held liable if they condone or ratify punitive conduct on behalf of their drivers, which is violation of Federal Motor Carrier Safety Act.
How quickly should I contact an attorney in a Florida truck accident case?
If you or a loved one have been injured in a Florida truck accident case, it is very important to contact an attorney right away. There are key pieces of evidence involved in Florida truck accidents that the attorney must request to preserve or they will be lost forever. Contact the Matassini Law Firm. We can help navigate your claim, and assure that you are properly represented in your Florida truck accident case.
Who can be sued in an 18-wheeler or semi-truck case in Florida?
Many parties can be sued in a trucking accident case. They include the driver of the truck of course, but also the owner and anybody who leased the truck and perhaps brokered the load. An experienced trucking accident lawyer will be able to find all responsible parties and make sure you receive just compensation for your damages.
What is a Florida wrongful death case?
If someone dies as a result of the negligence of another person or a company or corporation, the proceedings to obtain money on behalf of the survivors would need to be brought under the Florida Wrongful Death Act. That act prescribes how the action is to proceed.
A personal representative needs to be appointed to represent all survivors. The reason this is done is to prevent multiple survivors from bringing independent claims on their own. A personal representative has a fiduciary duty to represent adequately and honestly all survivors.
If money is received in a case, whether by settlement or jury verdict and the survivors cannot agree on how to apportion the funds, a court will decide who gets what based on their relationship to the deceased, support and services they received from the deceased, and other matters.
What is the statute of limitations for filing a wrongful death claim?
In Florida, it’s two years. Within that two year period, you have to investigate the accident. If there’s going to be a claim brought, a personal representative needs to be appointed, and he needs to file the claim on behalf of all survivors. Remember, it’s two years from the date of death. Failure to do so will hurt the claim, and you may not be able to file it ever, absent some exceptions such as fraud.
What kinds of damages are recoverable in a Florida wrongful death claim?
The Florida wrongful death statute sets out the type of damages that can be received in a Florida wrongful death claim. A survivor of someone who passes away in a wrongful death claim is entitled to seek compensation for funeral expenses, medical expenses, past pain and suffering, and loss of companionship, and loss of consortium. Contact an experienced lawyer today to talk about your wrongful death claim.
What should I do immediately to help preserve my Florida wrongful death claim?
If someone you love has a claim and they’ve passed away, it is important that you contact an attorney who specializes in wrongful death claims as soon as possible. The type of claim will determine statute of limitations or the time restraints and also what legal course of action you will have. Contact the Matassini Law Firm right away.
What sort of situations might merit a Florida wrongful death lawsuit?
There are a multitude of situations which might warrant a claim under Florida’s wrongful death statute. It’s important that you speak with an attorney if you are found in the unfortunate circumstance where you have lost a loved one and believe someone is at-fault for that loss.
Can I sue my landlord for bed bugs?
Florida statute actually specifically delineates bed bugs within the statute itself. There’s protections afforded for tenants or business invitees when you go to a motel or a hotel. So, motel or hotel landowners have a duty to maintain a safe premises in a reasonably safe condition for their business invitees. If you move into an apartment complex or you rent a hotel room, and you get ridden with bed bug bites, you have a claim against the landowner.
What type of compensation can I receive for bed bug injuries or complications?
Some people believe that a bed bug case is not worth pursuing. However, you can receive compensation for things such as future medical expenses, current medical expenses, property damage, lost wages. Contact us at the Matassini Law Firm if you believe that a medical facility, or your landlord, has been negligent enough to cause you injuries as a result of bedbug infestation.
Are there time limits to sue for injuries in a Florida medical malpractice case?
Yes, and those time limits are very strict. Generally a medical malpractice claim must be brought within two years of the date the malpractice occurred or within two years from when you knew or should have known that malpractice occurred, but no later than four years. There is a fraud exception if the target defendant has altered or deleted records, hidden records from you,. Then the action can be extended from when you first found out about the fraud. It’s important that you contact an attorney that knows this wrongful death statute because if you fail to file it within the time limits prescribed by the statute, you may be forever barred from pursuing a claim.
Can I file a medical malpractice lawsuit against someone other than a doctor?
Yes. Chapter 766, Florida Statutes, provides a list of healthcare providers that can be sued for medical malpractice. This includes physicians, medical doctors, osteopathic physicians, chiropractors, hospitals, surgery facilities, nurses. They’re all contained within that statute and if they are named in the statute, you have to proceed against them for negligence under the Florida Medical Malpractice Statutes.
Can I sue for medical malpractice if a family member dies as a result of the malpractice?
As usual, in law the answer depends before the wrongful death statute defines survivors. Survivors include the spouse of the deceased and any minor children under 25,. If there is no spouse, then it would be limited to the minor children under 25, and any blood relative that is dependent upon the deceased for support or services.
One of the quirks in the Florida medical malpractice law is that if there’s no spouse and no children under 25 there can be no claim for the wrongful death of someone whose death arose out of medical malpractice. If you want to change that law I recommend to my clients that you contact your legislators. They need to fix this glitch. It only applies in medical malpractice cases. If it were an auto accident case and there were no spouse and no children under 25, all children could pursue a claim for the wrongful death of the deceased, but not for medical malpractice in Florida.
What are some examples of medical malpractice?
There are many examples of medical malpractice, too numerous to mention here. Some of these include failure to properly diagnose a condition that results in serious injury as a result of the failure to diagnose. Sometimes it involves improperly diagnosing a condition and taking a course of treatment that adds to the injury. It can also include doing a procedure that’s not medically indicated, resulting in further injury. It can also include doing a procedure incorrectly. Sometimes anesthesiologists improperly administer anesthesia. That’s a medical malpractice claim. Sometimes doctors fail to adequately monitor the progress of a patient once they’ve diagnosed a condition, or they’ve failed to treat it as soon as possible, resulting in further injury to the plaintiff. If you have a question as to whether or not medical malpractice occurred, I suggest you contact an attorney with experience in this area, so that it can be investigated and looked at. Sometimes there’s a claim. Sometimes there’s not.
Must the FDA recall a medical device or defective drug that injured me before I can pursue a claim for my injury?
No. The defective drug or medical device must not be recalled in order to pursue a claim. Obviously, it helps if it has, but you need to contact an experienced lawyer right away who can assess your claim and determine whether you can pursue any course of action against the manufacturer or the distributor of the device or drug.
What information is important to my case if I have been injured by a defective drug?
As a medical device, it is important to identify the drug. Generic drugs may be produced by several manufacturers and you need to know which one produced the drug that you took. Name brand drugs are usually only produced by one manufacturer due to patent protections. We must obtain the medical records that indicate what drug you were prescribed, the dosage and that’s usually available in your physician records and the pharmacy records. If you have any of the drugs available, do not throw them away. We could use those to have them examined by an expert to help us determine whether or not this was a dangerous drug that shouldn’t have been provided to you.
What information is important to my case if I have been injured by a medical device?
It is absolutely critical that the manufacturer and serial number of the device that caused your injuries be identified. Without that information, you may not have grounds to file any claims against any manufacturers. That information oftentimes can be obtained from the medical records of the practitioner that put the device in you, the hospital that you may have had that done at, but it’s absolutely critical that we identify the device. If the device is removed, demand that it be given to you and not destroyed. That way you’ll have a better case against the manufacturer. You’ve got the device, you can have it examined by your own expert, and proceed accordingly.
What is the difference between a design defect and a manufacturing defect of a medical device or drug?
A design defect implies exactly what it means. There may have been negligent design of the device or the drug that was given to you. There may have been failure to adequately give warnings about the use of the device, or the drugs that were given.
A manufacturing defect involves a drug or device that was adequately designed, but there was a defect in the manufacturing process. In the case of drugs, there may have been a contamination of the product. In the case of a device, the equipment used to manufacture the device may have been negligently operated or the equipment itself could be designed improperly for the use intended. It’s very important again that we identify the exact cause and whether it was a design defect or a manufacturing defect.
How does a party begin the appellate process?
Whether in State or Federal Court, the appellate process basically begins the same way. A defendant must file a notice of appeal with the Clerk of Court within a specified period of time. After that is done, then the party orders transcripts and other court documents necessary to further the appeal.
How much time do I have to file a notice of appeal in Florida?
In Florida a defendant who wants to file an appeal must act within a very specified period of time. In State Court, you have to file a notice of appeal within 30 days from the judgment and sentence. However, in Federal Court, you only have 14 days to file a notice of appeal with the Clerk of Court.
What must I prove to win a criminal appeal in Florida?
In Florida, a defendant must prove that the trial court or the prosecutor committed an error so substantial that it requires reversal of the case. The appellate rules make it very difficult for defendants to win on appeal. Therefore, you must contact an experienced lawyer to handle your appeal.
Can probation be revoked in Florida?
Your probation can absolutely be revoked in the state of Florida. For instance, if you commit a subsequent offense, or if you violate any of the terms and conditions of your probation, you may have your probation revoked. It is important that if you are in jeopardy of having your probation revoked, you contact an attorney immediately so that he can help you.
Can the police conduct a search without a warrant in Florida?
Generally law enforcement officers need a warrant based on probable cause in order to conduct a search. However, there are a number of exceptions to that rule. They include, the plain view doctrine, the automobile exception, inevitable discovery, search incident to arrest and many others. Contact a qualified lawyer to discuss the facts of your case to determine whether the police have acted illegally.
Can the police just stop me on the street and search me for no reason in Florida?
No, they can’t. A law enforcement officer must have reasonable suspicion of criminal activity or probable cause to conduct a search. The Supreme Court though has said that law enforcement officers can come up to you on the street and talk to you. However, you don’t have to talk to them and you can just walk away.
How does the defense of self-defense work?
A self-defense claim looks to excuse the violent act on the grounds that it was reasonably necessary under the circumstances to prevent great bodily harm or death to you or another person. In Florida, if you acted in self-defense, you shouldn’t be charged with a crime. Contact a Board Certified lawyer today to evaluate the specific facts of your case.
The government seized my money because they thought it was drug money. What can I do to get it back?
You need to hire an experienced lawyer right away. Forfeiture proceedings are different than criminal proceedings and involve special sets of rules. It can be very difficult to get your property back when law enforcement thinks that it’s evidence of a crime. An experienced lawyer knows what defenses are applicable to your specific situation.
The police want me to talk about a crime they think I committed. Should I comply?
My initial knee-jerk reaction is no, never talk to the police if they suspect you of a crime without having an attorney present. What they are trying to do in many times is to get you admit that you committed the crime or for you to provide corroborating evidence that other witnesses may have against you, such as whether you were present at the time the crime was committed. You have the right to have an attorney present during all questioning, and you can ask that all questioning stop until you have an attorney. It’s in your best interest to consult with an attorney before you get questioned and start answering questions by the police.
What are my Miranda rights?
Miranda rights arose out of a case that was before the United States Supreme Court. A defendant was convicted, and the court held that he was not given his Constitutional rights prior to questioning by the police. Those rights include the right to have an attorney present during questioning, the right to have an attorney appointed for you if you can not afford one, the right to stop questioning if you desire, the right to have an attorney present during all questioning. These are fundamental Constitutional rights that really weren’t applied prior to the 1960s when the Miranda case arose. They are now ingrained and embedded in our criminal jurisprudence in the United States.
What are the typical steps in a criminal proceeding in Florida?
Criminal proceedings generally start with an arrest, or in the case of misdemeanors a notice to appear. After the arrest date, or the notice to appear date, there will be an arraignment set in court. At this arraignment, you will be expected to answer to the charges. Prior to the arraignment, the arrest report will be sent to the State Attorney’s Office, where an intake attorney will review the charges and decide whether to A, file the charges or B, file reduced charges. Once you appear in court for your arraignment, if a not guilty plea is entered, the discovery process will start. In this process your attorney will obtain all the police reports in your case. Your attorney will take depositions of all the witnesses in this case. At that point, there’s gonna be a decision whether to proceed to trial or enter into plea negotiations with the state. If there’s a trial, it’s obvious what happens. You go before a jury and they are asked to determine your guilt or innocence beyond a reasonable doubt. If you enter into a plea, the judge will accept the plea and there will be a sentencing.
What happens if my child is arrested in Florida?
In the state of Florida, a juvenile is a minor, which is a person under the age of 18. The laws for a juvenile are very different than those for an adult. It’s very important for you to hire an attorney who has experience handling juvenile criminal cases. I was a prosecutor and I handled those cases. Call my firm and we can help navigate you through the juvenile system.
What is 10/20/Life?
10/20/Life refers to a Florida mandatory minimum sentencing law that covers the use of firearms during specific felonies. You can get 10 years in prison just for possession of a firearm during the commission of a felony, 20 years if the firearm is discharged and 25 years to life if someone is injured by that shot.
What is the difference between a federal and state crime?
Most criminal offenses are prosecuted in State Court, like driving under the influence, assault and battery, and domestic violence. However, crimes that violate a specific federal statute are usually prosecuted in Federal Court. Federal prosecutions usually involve government agencies like the DEA, FBI, and IRS. Examples of federal crimes can include money laundering, drug traffic, and firearm violations.
What is the difference between a felony and a misdemeanor in Florida?
People often ask: “What’s the difference between a misdemeanor and a felony criminal charge in the State of Florida?”. It’s very easy to distinguish. If it’s punishable by a year or less, it’s a misdemeanor. Anything over a year is a felony.
What should I look for in a white collar defense attorney?
Anyone facing criminal prosecution for a white collar crime ought to consider hiring a Board Certified lawyer in criminal trial law. White collar crime is vigorously prosecuted by both the State and Federal Governments. Prison sentences are often lengthy. Therefore, it’s in your best interest to contact a Board Certified lawyer today.
I actually passed the breath test, but the police still arrested me. How is that possible?
Even if you’re below Florida’s legal limit of 0.08, you may still be tried and convicted for driving while under the influence. Alcohol effects everyone in different ways. Say you have a low alcohol tolerance, you’re still a danger to motorists or pedestrians on the roadway. It is imperative that you never drink and drive. It’s not worth the risk to your life or to the life of others.
What happens if I refuse a breath test in Florida?
Florida is an implied consent state. That simply means that as a holder of a driver’s license in the State of Florida, you consent to having your breath tested if a police officer has probable cause to believe that you are operating a motor vehicle under the influence of alcohol or a controlled substance. Now, if you refuse that test, you will lose your license for a year. It is very important to hire a qualified DUI attorney to represent you at an administrative hearing and in subsequent criminal hearings so that you can get your license back for business purposes if you qualify.
What is the officer looking for during the initial detention at the drunk driving scene?
Law enforcement is looking for evidence which ultimately will be utilized against you in the prosecution for the drunk driving case. Law enforcement are looking at your eyes to determine whether they are bloodshot, watery, or dilated. They’re looking at your appearance to determine whether you have slowed heavy speech, a heavy tongue, whether you’re stumbling, slumped over or even sleeping in the vehicle. All of this evidence will be utilized against you and forwarded onto the state attorney’s office.
Are healthcare professionals being targeted in Medicare, Medicaid, and insurance billing fraud investigations?
Yes, they are. The Federal Government has specific prosecutors and specific agencies devoted to recovering government money that they think was illegally taken. Billing practices are often scrutinized by highly sophisticated prosecutors trained just on these types of cases. In addition, federal law also compensates whistleblowers who report suspicious activity and can encourage investigations. Contact a Board Certified criminal trial lawyer if you think you’re under investigation.
What is mortgage fraud?
Mortgage fraud is a broad term that generally refers to any kind of conduct meant to deceive a bank in order to obtain a loan. Some people will falsely state income, lie about whether the particular property in question is a vacation rental or a second home. Sometimes people overstate the appraisal in order to inflate the value of the property. Mortgage fraud when uncovered is vigorously prosecuted by the federal and state authorities. Contact a Board Certified lawyer today if you’ve been accused of mortgage fraud.