Legal Issues

Florida Slip and Fall Cases - Broken Foot - Expert Advice

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The following is an expert answer given by Florida Premises Liability Lawyer, Joseph M. Maus, and taken from, a free Q & A service on the internet:

Question: I had a slip & fall which caused a broken foot.   Surgery was done & 10 weeks of physical therapy. What is the usual payout on this type of lawsuit?

Answer: The value of your claim depends on many, many factors, and it would be difficult for me to even guess what your claim might be worth. The short answer is - there is no "usual payout" on an injury claim.  The reason is each claim is different factually, and different in the way it affects people.

Brain Damage Resulting From Stroke Misdiagnosis

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Stroke is the third leading cause of death in this country and a major cause of disability following the stroke. A stroke occurs when a blood clot blocks an artery or a blood vessel ruptures, interrupting the blood flow to the brain, causing brain cells to die and brain damage to occur.
Activities controlled by that area of the brain are lost when blood cells die. Some of the activities that are controlled by the brain are speech, memory and motor skills. How a stroke affects you depends on where the stroke occurs in the brain and how much damage has occurred.

The failure to accurately diagnose a stroke is a form of medical malpractice that can have dire consequences. If treatment occurs immediately following the stroke, the permanent damage may be minimized. In some cases, damage can even be reversed if doctors can get to the stroke victim immediately.

Wrongful Death and Celebrities

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Wrongful death is a legal term that basically means that someone died as a result of some other party’s negligence or wrongdoing. Wrongful death is an especially difficult area of personal injury law because in almost all cases of wrongful death, the loss of the loved one could have been prevented. Sometimes wrongful deaths are the result of a terrible accident such as an automobile accident, motorcycle accident, or truck accident.

In other cases, there is nothing “accidental” about the death. In many medical malpractice cases, wrongful deaths are the result of poor judgment, failure to perform thorough examinations, failure to obtain a complete medical history, and egregious errors such as amputating the wrong limb or leaving a surgical instrument inside the body.

Legislative Intervenors To Challenge federal Three-Judge Court Prisoner Release Order

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State Senator George Runner – photo: Dan Wilson

(Best Syndication News) SACRAMENTO – California legislators today announced they will exercise their right to appeal to the United States Supreme Court to challenge the Prisoner Release Order issued by the federal Three-Judge Court. A notice of appeal will be filed on Sept. 3, 2009.

The legislators, who intervened in the litigation to oppose issuance of a Prisoner Release Order, said the federal judges had acted beyond their jurisdiction, failed to comply with the federal Prison Litigation Reform Act, and issued an order which unnecessarily puts California families at risk of dramatically increased levels of crime.

Settlements in Workers’ Comp Cases in Florida

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What Constitutes a Settlement?

According to Florida Statutes and the Florida Division of Financial Services, Workers’ Compensation “settlements may be made under certain circumstances and are voluntary; not automatic or mandatory.”

The Trade-Off

Under qualifying circumstances any settlement that the claimant agrees to will finalize the liability and obligation of the employer to that employee. Any costs or losses that exceed the settlement amount are non-recoverable. Receiving a settlement requires the claimant to give up all rights to any workers compensation, or medical coverage from federal, state, or private insurance. Medical costs and lost wages already paid will be reimbursed to the agency that paid them from the settlement moneys.

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