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[description] => Florida Attorney's Injury & Accident and Estate Planning Resources
Our researchers gathered helpful information to offer in our free legal library so you can find all the answers you need to your estate planning questions and injury or accident questions in one place. When you need a source for accurate, reliable information, look no further than these helpful, easy-to-read articles.
Included here are articles from our monthly newsletters as well as answers to questions our firm gets regularly.
If you're in need of an estate plan or were injured in an accident in South Florida, contact our office today to schedule a Free Consultation: (954)755-7803
More free resources:
Visit our FAQ page for answers to frequently asked questions about the law in South Florida.
See our videos to learn more about injury and estate planning law.
Check out our estate planning and injury & accident blog.
Read our Client Success Stories in our case results.
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[post_content] => Were You or a Loved one Injured in a Florida Swimming Pool Accident? We Can Help.
Due to the climate in Florida, many South Florida residents own swimming pools.
And while a pool can provide a perfect place for fun, exercise, and leisure, it also comes with a great deal of responsibility. Having a pool means taking appropriate safety measures to keep family, friends, and other visitors from harm on your property.
When the owner of a pool fails to safeguard the pool properly, he or she may be liable for any injuries that result.
Young children are especially at risk for accidents at swimming pools. Florida leads the nation in child drowning accidents, and 2017 saw a 20% increase in pool drowning deaths for children under 15 years old.
How Swimming Pool Accidents Happen In Florida
Swimming pool owners have a duty of care to take reasonable precautions to protect others from injury around their property or face a premises liability lawsuit for any injuries. Swimming pool owners can be held responsible for accidents that happen due to:
Improper or no fencing around a pool can lead to liability in Florida
Florida law requires private outdoor swimming pools to have a fence or other type of barrier around the pool with a self-closing gate that is protected from a child’s reach.
Pool slip and fall accidents can lead to liability in Florida
If the conditions around the pool are not adequately maintained to prevent someone from slipping and getting hurt, the owner could be held responsible.
Lack of supervision around a pool can lead to liability in Florida
A pool owner could be liable if they leave young children unattended around the water. Whether children are in the pool, or playing somewhere else in the yard, if a pool accident happens because an adult was negligent or wasn't watching or stepped inside only for "a moment" serious accidents, even drawings, can happen.
Poor maintenance of a pool can lead to liability in Florida
Without proper maintenance, people can get hurt in Florida swimming pools. Chemical imbalances or contaminated water can cause serious illnesses, and unshielded filtration systems can trap a foot or a hand, leading to drowning or near-drowning accidents.
Florida law typically protects property owners from trespassers, but there are certain exceptions when it comes to children. In the case of a swimming pool, it may be considered an “attractive nuisance,” and the property owner can be held responsible for a dangerous condition that causes harm to a child, even if that child entered the property without permission. A child trespasser is still owed a very high "duty" of care in Florida. So if there is a condition - such as a pool - that would be attractive to children, and children may not understand the gravity of the risk a pool poses, the homeowner has a very high duty to keep the pool safe.
Consequences of Near-Drowning in Florida
Near-drowning incidents can cause life-altering injuries, especially for children.
Some of the injuries that can result from oxygen deprivation even after being rescued include:
The first 24 hours of care after a near-drowning accident are critical to survival, but the injuries suffered can still last a lifetime. It can take years of rehabilitation and therapy to regain even a portion of lost functionality. In children, the effects can result in developmental delays in learning, speech, and motor skills, as well as permanent mental or physical disability.
To hold a negligent pool owner responsible for injuries, victims need to file a personal injury lawsuit. A lawsuit allows victims and their families to seek financial recovery for the expenses caused by the accident, including:
Victims of pool injuries and accidents may also be able to receive damages for pain and suffering, mental anguish, and other difficulties caused by the injury. Talk to a personal injury attorney to determine your eligibility for these types of damages.
Florida is one of the biggest vacation destinations in the United States. There are a variety of hotels, resorts, and spas for visitors, and many cruise ships leave from Florida ports. But when you’re a victim of negligence at one of these vacation spots or on a cruise ship, you can hold the negligent parties responsible for your injuries.
Property owners have a duty of care to ensure that guests won’t get hurt on their property. In general, all property owners, caretakers, and staff should:
Slippery swimming pool areas, unsecured and dangerous equipment, frayed or worn carpeting, insect or pest infestations, and other unsafe conditions can all lead to devastating injuries for unsuspecting guests.
Cruise ships are considered floating resorts, and those responsible for passenger safety must obey many of the same rules about hazardous or unsafe conditions. There are unique situations on these ships that can lead to injuries, and if you’re far out at sea, the right kind of medical help may not be available. Some of the most common causes of injuries on cruise ships include:
For most boating accident injury lawsuits in Florida, you have up to four years from the date of injury to make a claim, although it’s best to start the legal process as soon as possible. However, in the case of cruise ship injuries, the time frame can be significantly different. A variety of factors impact the statute of limitations, including what you agreed to in your “contract of carriage” when purchasing a ticket. For your case to have the best chance of success, it is extremely important to seek legal advice right away.
In any personal injury or premises liability lawsuit, your compensation may include expenses related to the injury, such as:
You may also be able to receive compensation for the pain and suffering or mental anguish. Speak to a personal injury attorney to determine your eligibility for these types of damages.
There’s nothing like that feeling of driving off a car lot with your dream car. You’ve saved your money, placed your down payment, been approved for your auto loan, and now you are a car owner. Congratulations! Your dream has become a reality.
But something that isn’t so dream-like is the fact that each year, millions of cars are totaled in car accidents. Even worse is that many drivers lose money when their cars are totaled because they don’t have GAP insurance. Many people don’t even know what GAP insurance is, let alone why it's so important.
Simply put, GAP stands for Guaranteed Asset Protection and it is used when your car is totaled in a car accident, but insurance - whether your car insurance policy or the policy of the at-fault driver - will not pay the full amount of what you owe on your car loan. Right now, you may be saying, “But I have full coverage. Doesn’t that mean that I’m covered?” The answer is no.
A car insurance company is not required to pay off the balance you owe on your car loan, even if the car is totaled in an accident that was someone else's fault. They are only required to compensate you for the current value of the vehicle. Here’s an example of what that looks like:
Say you own a 2018 Toyota Camry. You bought the car for $24,000 and currently owe $20,000 on your car loan. Your vehicle was totaled in an accident, but the Kelley Blue Book value of your car is only at $16,000. The car insurance agency is only required to pay you $16,000, not the full $20,000 you owe on the car. This leaves you with $4,000 loss.
If you have GAP insurance, however, it should cover the remaining $4,000 so you are not paying out of pocket to pay back your car loan.
For most of us, being a car owner is an important goal once you hit your teenage years. It symbolizes adulthood and independence, but it also comes with risks. I’ve talked before about how dangerous Florida roads are and the importance of being insured, but even full-coverage car insurance doesn’t cover everything.
Getting into a Florida car accident is stressful enough but adding possible debt to the equation is taxing on the mind. Without GAP Insurance, there is no guarantee that you will receive the full value of your car. Because of this, if your vehicle is totaled in an accident, you may be left still paying a car loan for a car you no longer can drive.
You must keep in mind that if your car is totaled in an accident, your insurance company is only required to pay you the cash value of your car which is NOT the same as however much you might still owe on your car.
Also, remember that the value of your car decreases every day that it is off of the lot. There are a number of additional factors that can decrease the payout that Kelley Blue Book or other vehicle valuation companies suggest. These factors are all more reasons to invest in GAP insurance to protect your car.
If you have gap insurance, you can avoid rolling the loan amount from your totaled car into your new vehicle loan. Rolling in an old loan is an option that many people use when trading in a car or other similar scenarios. One of the problems with rolling an old loan into a new auto loan is that it decreases the cash value of the current car you are driving. If you roll an old car balance onto your current or new car's loan, then you should definitely consider GAP insurance to ensure you are covered if your car is totaled because your loan will not only include the value of your current car but also partial value from your old car.
Another factor that increases your need for GAP insurance is a high APR (annual percentage rate) on your car loan. Recall that with a high APR, most of your monthly payment is going toward the interest you owe on the vehicle and not the actual principal balance. This means that it will take you longer to pay off the car loan and you can end up owing more on the car than its actual value.
Not many people know what GAP insurance is, but after reading this article, now you know it stands for Guaranteed Asset Protection and it covers you in the case where your car is totaled, and the cash value is less than what you owe on it. You also know the risk factors that heighten your need for GAP insurance and especially the need to have GAP insurance if you are a Florida driver. You can talk to your car insurance provider to see if gap insurance is something you can add to your policy, or you can usually purchase it independently as an additional insurance policy.
Due to the climate in Florida, many South Florida residents own swimming pools.
And while a pool can provide a perfect place for fun, exercise, and leisure, it also comes with a great deal of responsibility. Having a pool means taking appropriate safety measures to keep family, friends, and other visitors from harm on your property.
When the owner of a pool fails to safeguard the pool properly, he or she may be liable for any injuries that result.
Young children are especially at risk for accidents at swimming pools. Florida leads the nation in child drowning accidents, and 2017 saw a 20% increase in pool drowning deaths for children under 15 years old.
Swimming pool owners have a duty of care to take reasonable precautions to protect others from injury around their property or face a premises liability lawsuit for any injuries. Swimming pool owners can be held responsible for accidents that happen due to:
Florida law typically protects property owners from trespassers, but there are certain exceptions when it comes to children. In the case of a swimming pool, it may be considered an “attractive nuisance,” and the property owner can be held responsible for a dangerous condition that causes harm to a child, even if that child entered the property without permission. A child trespasser is still owed a very high "duty" of care in Florida. So if there is a condition - such as a pool - that would be attractive to children, and children may not understand the gravity of the risk a pool poses, the homeowner has a very high duty to keep the pool safe.
Near-drowning incidents can cause life-altering injuries, especially for children.
Some of the injuries that can result from oxygen deprivation even after being rescued include:
The first 24 hours of care after a near-drowning accident are critical to survival, but the injuries suffered can still last a lifetime. It can take years of rehabilitation and therapy to regain even a portion of lost functionality. In children, the effects can result in developmental delays in learning, speech, and motor skills, as well as permanent mental or physical disability.
To hold a negligent pool owner responsible for injuries, victims need to file a personal injury lawsuit. A lawsuit allows victims and their families to seek financial recovery for the expenses caused by the accident, including:
Victims of pool injuries and accidents may also be able to receive damages for pain and suffering, mental anguish, and other difficulties caused by the injury. Talk to a personal injury attorney to determine your eligibility for these types of damages.
• January 26, 2022
Were You or a Loved one Injured in a Florida Swimming Pool Accident? We Can Help. Due to the climate in Florida, many South Florida residents own swimming pools. And while a pool can provide a perfect place for fun, exercise, and leisure, it also comes with a great deal of responsibility. Having a pool…
Read More• January 26, 2022
Florida is one of the biggest vacation destinations in the United States. There are a variety of hotels, resorts, and spas for visitors, and many cruise ships leave from Florida ports. But when you’re a victim of negligence at one of these vacation spots or on a cruise ship, you can hold the negligent parties…
Read More• January 26, 2022
Why You Need GAP Car Insurance in Florida There’s nothing like that feeling of driving off a car lot with your dream car. You’ve saved your money, placed your down payment, been approved for your auto loan, and now you are a car owner. Congratulations! Your dream has become a reality. But something that isn’t…
Read More• January 26, 2022
South Florida Car Accident Lawyer Explains What to do After Your Car is Totaled in a Florida Car Crash When you are involved in a South Florida car accident case, one of the main goals is to minimize your expenses from the accident. One of the expenses that can be avoided is a tow yard…
Read More