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Wrongful death — I’m sure everyone has heard this term, but what exactly does wrongful death entail, and how do you know if a passing in your family was due to a wrongful death instance? We here at Blick Law firm wish to help clarify what exactly wrongful death means and how to know when it occurs to you or someone you know.
To begin, wrongful death occurs when someone is killed due to the misconduct or negligence of another. The surviving members of the victim’s family are then able to sue for “wrongful death.” Generally, wrongful death lawsuits occur after a criminal trial, and while they use the same evidence, the required standard of proof is much less than a normal case. A lawsuit for wrongful death may only be performed by the personal representative of the decedent’s estate.
However, in order to present a successful wrongful death case, the following requirements are to be considered:
- the death of a human being
- Medical malpractice that results in decedent’s death;
- Automobile or airplane accident; -
- Caused by another’s negligence, or with intent to cause harm; The survival of family members who are suffering monetary injury as a result of the death, and;
- The appointment of a personal representative for the decedent’s estate.
- exposure to hazardous conditions or substances;
- Medical malpractice that results in decedent’s death;
- Criminal behavior
- Death during a supervised activity
As you can tell, it’s not as simple as filing the lawsuit. There are many aspects that come into play when filing a wrongful death claim, but remember that by understanding what wrongful death is you can properly file for it when the time comes. If a loved one passes due to the negligence of another or if you have general questions regarding wrongful death or other personal injury issues give us a call today at 813-931-0840 to schedule a free consultation.
By: Moneer Kheireddine
2015 has proved to be an interesting year for foreclosure within Florida, especially South Florida, with a significant drop in foreclosure cases for the first half of 2015. There has been a 30% drop in foreclosure since this same time just a year ago, and many are remaining hopeful on the positive change this will bring to South Florida residents. However, even with the thirty percent decrease, the region still ranks as the sixth highest foreclosure ratings in the state.
On a brighter note foreclosure activity in general within 2015 has decreased over 22% from last year. This reflects a hopefully bright future for Florida, however the state is still ranked number one in foreclosures across the nation. While foreclosure levels are reaching their lowest levels since 2006, Florida still has a large amount of catching up to do.
So while foreclosures are on a statistical decline, there is still a large amount of foreclosure cases pending. Blick Law Firm is invested in ensuring that you are able to properly understand and prevent foreclosure on your homes. Here are 4 foreclosure tips:
1. Think about selling assets you own. While you may be behind, it’s a sign of good faith to the lenders for you to give up some of your material items to keep your home.
2. Keep up with the lender. When you start approaching the risk of foreclosure, the lender will often offer up solutions to prevent this. Seek proper counsel and and take the best option for you and your loved ones.
3. Ask for a loan modification. Even if the lender denies the modification to decrease your interest or payment reduction, if the case proceeds to foreclosure you will be able to use this in your defense.
4. Remember the rights of the state. No matter what the lender may tell you, the state declares how many days must pass before foreclosure.
We here at Blick Law Firm are here to help the hurting and those in need when dealing with real estate matter such as a foreclosure on your home. We wish to help you with your foreclosure defense! If you have questions about foreclosure or any other real-estate issue, contact us at 813-931-0840 for a free consultation today!
Automobile accidents — They are one of the most critical issues that our country faces today, and to the surprise of many, distracted driving (which is preventable) is one of the leading causes in automobile accidents. In this new age of information, many people cannot rest from their phones or technology for the amount of time required for a morning commute, or refuse to pick up the call from their best friend that they haven’t spoken to in forever while on the road. These completely preventable causes contribute to many of the auto accidents on the road today, however they are not the only reason.
Here are 5 ways to help prevent auto accidents from occurring on the road:
1. Never operate a motor vehicle under the influence of drugs or alcohol. While this is a given, many people assume that simply because they “feel” fine, that they are okay to drive. If you have had any form of alcohol or drugs, not matter how much, DO NOT DRIVE.
2. Always follow the laws of the road. Do not drive over the speed limit, make illegal U-turns, or drive at speeds unsafe due to the weather or current conditions of the road. Yield and be a defensive driver while on the road.
3. Be rested. It is important to have had a night’s rest and plenty of sleep before you get on the road. You do not want to fall asleep at the wheel, ever.
4. Do not drive distracted. Children, grandparents, blasting music, your phone, GPS, anything can be a distraction if you let it. Your job is to focus on the road. Do not forget what your job as the driver is; to drive.
Remember, when you are driving, you are not just responsible for yourself. You are responsible for every passenger in your car. You are responsible for everyone on the road who’s lives you might endanger because of reckless driving. You are in a critical position when you get behind the wheel; one that could change lives in a matter of seconds. Never forget that fact.
The road is a dangerous place, but by practicing defensive driving techniques and being prepared, you can be better prepared for what you might face. Lives are always at stake, but you, the driver, is the only person who can help prevent automobile accidents.
Hadopi is the national anti-piracy law for France, and this week in trending legal news we are covering the French Senate’s enhanced policies for the law. The senate is hoping to do away with ‘educational’ reprimands and is instead hoping to strike down piracy by enforcing a much stricter law. Since 2012 when elected president Francois Hollande swore to amend the law, nothing much has happened with Hadopi. However, in 2014 the government stripped Hadopi of its only real sanction which allowed them to suspended offender internet subscriptions after three offenses.
Since the stripping of the sanction, piracy within France has been on a huge rise and several reports are saying that it is at an all time high. But now, the Senate is bringing Hadopi back with twelve proposed measures to overhaul the law. Of the proposed measures, one includes systematically fining offenders only after two offenses while also skipping a court ruling. The fines would average at around one hundred euros.
The Senate is also attempting to launch an independent sanction commission who would be in charge of fines for offenders, and would also give 800,000 euros to Hadpoi. They would also handle the task of tracking IP-addresses, which is where most of the funding would go to. On top of this, they hope to create a blacklist of illicit websites within France.
Many are in favor of the changes to Hadpoi and are all for implementing stronger anti-piracy policies. Some groups, however, have voiced concern, stating that these laws would be infringing upon the citizens digital rights and give rise to more control for the government in the digital world. The country is now waiting to see how France’s culture minister Fleur Pellerin will respond and whether or not she is willing to follow the senate’s proposals.
By: Moneer Kheireddine
In the world of law, there is always a new and expanding project expanding that hopes to help as many people as possible who are affected by something they were unaware to harm them. This week, we here at Blick Law Firm are here to introduce to you a new mass tort project which involves the prescription drug Invokana as well as many other drugs in the SGLT2 inhibitor class.
Invokana, which is the first in a new class of frontline treatments for type 2 diabetes, was approved in 2013 and although originally successful by blocking the absorption of glucose in the kidneys, has now been found to develop diabetic ketoacidosis. Diabetic ketoacidosis is a serious condition which results in strokes, pulmonary edema, cardiac dysthermia heart attacks, cerebral edema and many other dangerous effects including death.
Recently, the FDA noticed the serious health implications of the drug and has issued a warning regarding the serious side effects of using Invokana. After learning of the issues surrounding the drug, the pharmaceutical litigation team at Morgan & Morgan began investigation possible product liability claims, and is currently in the process of sustaining a tort project using highly experienced experts from several fields including cardiology and endocrinology. They have developed a theory of liability that is planned to be very successful in assisting those who suffered from the drug.
We here at Blick Law Firm are reaching out to you, both our clients and readers, to look for those in your lives suffering from type 2 diabetes and to reach out to them and let them know about the side effects of this drug. Inform them of the consequences that may be associated with it, and ensure that if they have been taking the drug that the reach out to us here at Blick Law Firm at 813-931-0840 so that we may put them in contact with men and women who are able to assist them in claiming liability. It is up to you to help ensure that no one else suffers due to this drug and its dangerous health implications, and by doing so you could possibly be saving the lives of families all over the Tampa Bay area.
By: Moneer Kheireddine
The Affordable Care Act has been one of the most highly debated topics of the Obama administration, and has been constantly under surveillance by members of every coalition of men and women within America. The promise of free healthcare has sparked both parties into action, and it doesn’t seem to be dwindling any time soon. In recent news, this week President Barack Obama decided to touch upon immigration reform while speaking about the Affordable Care Act. A multitude of questions were asked about illegal immigrant healthcare rights under the act and what is available to them.
President Obama clearly stated, when asked about citizenship for undocumented immigrants, the president stated once more that the healthcare law does not make coverage available for people who are in the U.S. illegally. Under the law undocumented immigrants are not eligible for federal coverage, which also includes medicare and non-emergency medication. However, under federal law they could still access emergency care if needed.
These statements bring both concern and security to many within the United States. For the families of illegal immigrants, it gives a sense of security and safety in knowing that if they truly require emergency aid, they will be taken care of. However, by allowing illegal immigrants the safety of free emergency care, many feel as though this will incline immigrants to remain in America illegally and to not become official U.S. citizens. It will also cause taxpayers dollars to go towards paying for the healthcare of citizens who are not tax-paying employed legal citizens of the United States.
Thanks to the Supreme Court’s ruling last week, which solidified the President’s Affordable Care Act, the President has been continuously spreading awareness of his healthcare law, stating that it will benefit anywhere from one hundred to one hundred and fifty million American citizens. Thanks to the law you are now able to receive free preventive care, as well as reap many other benefits from the new law.