Law Offices of Nooney Roberts Hewett & Nowicki :

Road accidents, job accidents, and slip and falls are all common, and hundreds of Americans die every day because of them. Survivors of these incidents may have serious injuries that leave them scarred for the rest of their lives. 

A traumatic brain injury (TBI) is one of the most serious injuries that an accident victim may have. Traumatic injuries to the brain may occur as a consequence of an extreme blow, force, or penetrating damage to the head. 

Mild traumatic brain injuries might cause temporary damage to the victim's brain cells. Objects piercing the brain tissue, on the other hand, inflict severe injury. The shock caused by these things shattering or damaging the skull produces a serious traumatic injury to the brain. 

Symptoms

A serious brain injury may result from a forceful jolt or blow to the head. The interruption of normal brain activities is, in most instances, the initial injury. The brain tissue may be pierced by the quick blow to the head, resulting in symptoms such as: 

Symptoms of a traumatic brain injury vary from person to person and depend on the degree of the damage. Depending on the severity of the brain injury, the symptoms may be mild, moderate, or severe. 

Types of TBIs

There are numerous different sorts of particular injuries within traumatic brain injuries.  The kind of damage that the patient suffers will always be specified by a health professional. To choose what actions to follow to get treatment and compensation, it is necessary to understand the various kinds of injuries. 

Hematoma: a blood clot in the brain tissue or on the brain's surface. A hematoma may form in any part of the brain. 

Contusion: the bruising of the brain tissue is known as a contusion. Under a microscope, cerebral contusions might resemble a bruise on any other area of the body. 

Hemorrhage: the term for bleeding that occurs inside the brain tissue. Internal brain hemorrhage symptoms may not be immediately apparent in certain cases. 

Diffuse brain injuries: microscopic changes in the brain induced by a blow to the head may not show up on a CT scan. This damage might be dispersed throughout the brain. They may arise in the presence or absence of mass lesion damage. 

Ischemia: this form of diffuse damage causes a lack of blood flow to different areas of the brain. Other negative consequences of decreased blood flow in the brain include sensitivity to light and headaches. 

Skull fractures: linear cracks or breaks in the skull cause fractures. Skull fractures are frightening and difficult to cure, particularly if the nerve endings are involved. 

Falls

While an accident cannot be avoided, most injuries caused by falls may be avoided. The majority of workplace falls are caused by poor working conditions, people using malfunctioning equipment, and incompetence. Patients who have suffered traumatic brain injuries as a result of their jobs may be entitled to compensation. They have the right to sue for compensation for: 

According to the CDC[1], one in ten United States citizens aged 18 and older report falling at least once every year.

The patient's family members are also permitted by law to file a lawsuit on the patient's behalf. Before initiating a lawsuit, it is critical to understand all the legal alternatives accessible to the victim. 

Auto Accidents

Vehicle collisions are the greatest cause of traumatic brain injuries, according to the Centers for Disease Control. A research study[2] found that 69 percent of accident fatalities had skull fractures, with an average of 54 percent having an intracranial bleed. It was conducted between 2001 and

2005. Most of the victims in the research were adult men between the ages of 21 and 40, with a 40% death rate[3]

Patients who made it to the emergency hospital following an auto accident had a better chance of survival. The incredible amount of litigation involving motorcycle, truck, and vehicle accidents now pending in courts attests to the incidence of these accidents. To discourage irresponsible driving and encourage adherence to traffic regulations, the legislation is harsh on drivers and other road users who cause such incidents. 

You may be entitled to compensation if you or someone you love has experienced traumatic brain injury. In most of these instances, the defendants are drivers who have broken traffic laws or have failed to operate their automobiles appropriately. 

Aggression

The third most prevalent cause of traumatic brain injury is aggression.

While prevalent, brain injuries caused by acts of violence may be difficult to cure since victims seldom get care in a timely manner. Many assaults that result in brain injury are physical assaults, such as robbery, domestic violence, child abuse, and rape. 

Acts of violence, including the use of weapons in certain situations, are the leading cause of traumatic brain injury among Americans aged 15 to 24. It's also the greatest cause of fatal injuries in children under the age of three. 

Concussions and contusions are the most prevalent symptoms of brain injuries induced by attacks. A concussion is a relatively minor injury that may or may not result in long-term consequences. However, if not treated promptly, it might result in loss of consciousness and severe brain damage.

Contusions are more serious because they affect a specific part of the brain. The contrecoup injury is caused by a blunt or sharp item striking the head. 

Gunshot wounds are the most difficult of all traumatic brain injuries caused by assaults and acts of hostility. For more than three decades, the number of persons who survive gunshot wounds to the head has been on the increase. This is the most common cause of traumatic brain injury among people living in all of America's major cities. 

Brain Injuries and the Law 

In legal communities, traumatic brain injuries are sometimes referred to as "invisible injuries."

This is because, unlike with other traumas, the patient may seem and behave uninjured. Injuries that have no obvious signs, such as hemorrhage or skull fractures, may go undiscovered until they become serious. 

It is fairly unusual for an accident survivor to resume regular activities following the injury. When they begin to experience memory loss, focus issues, impulsivity, and poor emotional control, they understand something is wrong. 

There are some frequent myths concerning brain damage that end up costing the sufferer money. The most common is that a patient is "normal" if they recover from a concussion and go about their day. 

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Brain damage is detected and evaluated in a medical manner. Neuropsychology and neuropsychological tests are recommended for accident and assault patients who suspect brain damage. These procedures may include brain imaging to detect any injuries or problems in the brain as soon as feasible. For most patients, getting a good medical evaluation and treatment is a matter of life and death. 

Patients with severe traumatic brain injuries must, at the very least, be concerned about the longterm effects of the injury. 

If you believe you or someone you care about has suffered a brain injury, take the time to learn about the disease and the best methods to seek treatment and legal assistance. To get legal assistance for a brain injury, contact our team of personal injury attorneys at Nooney, Roberts, Hewett & Nowicki today. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our experienced personal injury lawyers! ¡Hablamos español!


[1] Peterson AB, Kegler SR. Deaths from Fall-Related Traumatic Brain Injury, United States: 2008–2017. MMWR MORB MORTAL WKLY REP 2020;69:225–230.

[2] A. Kumar, et al. Fatal Road Traffic Accidents and their Relationship with Head Injuries: An Epidemiological Survey of Five Years, THE INDIAN JOURNAL OF NEUROTRAUMA, Volume 5, Issue 2, 2008, 63-67.

[3] 11 Id.

A cruise provides the ideal summer vacation experience. Not only do you have access to meals, activities, and excursions, but there's also a full medical team on board to help you if you need it. Medical malpractice may occur at any moment when medical services are supplied. 

Cruise Ships and Medical Malpractice  

Passengers on cruise ships haven't been able to sue cruise companies for medical negligence that happened while they were on board for over a century because courts all around the nation have ruled that cruise lines are not responsible for the medical professionals on board. This is due to most boats and ships lacking the necessary room, equipment, or personnel to create a fully functional medical clinic. As a result, the court determined that passengers aboard a ship could not anticipate the same degree of care that they would get on land. 

Additionally, medical personnel on board a cruise were seen as independent contractors rather than employees at the time. This resulted in cruise companies not being held accountable for injuries onboard.  In a 2014 case[1], the United States Court of Appeals for the Eleventh Circuit overruled the previous ruling. The Court rejected this antiquated norm, ruling that most current cruise ships provide passengers with luxurious facilities and high-end medical treatment[2]

The Court also said that cruise companies should not be immune from medical malpractice lawsuits arising from substandard medical treatment provided to passengers while on board[3]

While this is now the law, to pursue a successful cruise ship medical malpractice claim, certain conditions must be satisfied. The injured party, for example, must show that the nurse or doctor was a ship employee rather than an independent contractor. 

 Medical Malpractice and its Four Elements of Negligence 

To decide whether a medical professional is responsible for medical negligence to a passenger on a cruise ship who suffered any form of medical injury or illness while on board, the court examines these four components. 

Holding a Cruise Ship Medical Practitioner Accountable for Medical Malpractice 

In certain cases, the cruise ship cannot be held liable for the activities of the medical personnel if the doctor is charged with medical negligence. It may not be possible, for example, if the doctor is an independent contractor and not an employee of the cruise ship. 

If it is hard to link the incident to the cruise line, the passenger/patient must file a medical malpractice claim based on their proof. Typically, this entails adhering to the four criteria of negligence and retaining the services of a Florida medical malpractice attorney to assist with the case. Call our medical malpractice expert attorneys at (904) 398-1992 today. 

Taking Legal Action 

If you were on a cruise ship with a state-of-the-art medical facility at the time of the medical emergency, you may be able to initiate a lawsuit against both the doctor and the cruise company. This is one approach to ensure that the cruise line corporation is held liable for the activities of the staff doctor. 

If the doctor fails to give adequate treatment, the cruise line may be held accountable for damages if a passenger is hurt or does not get proper medical attention. It will, however, be necessary to show that the doctor or another healthcare practitioner was employed by the corporation at the time of treatment. 

Potential Liability Parties in a Medical Malpractice Case on a Cruise Ship 

As previously stated, if a ship's medical personnel is functioning as employees of the cruise company rather than as independent contractors, the cruise line may be held accountable for any medical malpractice perpetrated by the crew.

The following are some of the methods taken to verify that the cruise ship's health care staff were functioning as employees: (1) A doctor who also happens to be a ship's officer; (2) the cruise line hires and/or fires medical personnel; (3)  advertisements for onboard medical facilities or medical services for guests placed by the cruise company; (4) medical personnel who are expected to wear the cruise line's uniform and report to the ship's captain; (5) if the medical staff is paid directly by the cruise company; (6) the cruise line is responsible for maintaining medications, equipment, and supplies at the onboard medical center; and (7) any medical treatments supplied while aboard the ship are billed to guests by the cruise operator. 

In addition, if a cruise ship passenger is the victim of medical negligence, they may be able to sue the cruise company for hiring untrained personnel. It's sometimes necessary to file a separate case against the liable medical staff member. 

Types of Medical Malpractices Onboard

When a guest aboard a cruise ship becomes sick or wounded, their only option may be to depend on the medical personnel at the ship's medical center.

After all, if you're on a cruise, you may not be able to call a land-based doctor since you're in the middle of the ocean and far away from shore. 

Passengers nowadays want and expect cruise ships to have skilled and trained medical personnel on every voyage. Regrettably, this isn't always the case. A cruise ship's medical personnel may commit medical negligence in a variety of ways. On a cruise ship, medical negligence may occur in a variety of ways, including: 

Injuries that Require Medical Assistance on a Cruise Ship

The majority of cruise passengers will not need medical assistance. Those who unfortunately do need medical assistance, however, may face a lengthy and tough journey due to medical malpractice. Onboard a cruise ship, a traveler may need to see a doctor for a variety of reasons, including: 

Accidents Involving Recreational Activities

On a cruise ship, there are several activities available. You may go swimming and engage in a variety of activities in the different pools. While they are designed to be amusing and exciting, if you aren't attentive and safe, they may result in severe injury. 

Food Poisoning

The incredible cuisine selections offered by most cruise ships are a major selling factor. Passengers on certain cruises have the option of having limitless beverages and meals. When this service is given, the cruise line is responsible for ensuring that the food is preserved correctly and that it is safe to consume when served. Onboard guests may contract food poisoning or other dangerous illnesses if the cruise company fails to perform this responsibility. 

The many different legal hoops you may have to jump through if you are hurt or get sick aboard a cruise ship, or if you are dealing with a negligent healthcare provider or doctor, is one of the most arduous aspects of the process. Maritime law is, in reality, a complex subject that differs from other laws. It also changes depending on where you are in the water at the time of the accident. You must also acknowledge that most major cruise companies employ a huge staff of costly attorneys to defend their cases and assist in the dismissal of claims. 

Slip and Falls

A slip and fall accident is one of the most prevalent accidents aboard any cruise ship. It's easy to understand why flooring is often wet and slippery with such vast surfaces exposed to the weather and surrounding large sources of water, such as hot tubs and pools. 

Drinks are often offered in dining areas, and dancing floors might be unkempt, resulting in a passenger falling and suffering severe injuries. 

Assault 

Cruise ships have become bigger businesses, and as a result, they must safeguard passengers from damage. Sexual, as well as physical assault, are included. If a passenger is assaulted, whether, by a member of the crew or another passenger, they have the right to initiate a lawsuit. 

Taking Legal Action Against a Cruise Ship for Medical Malpractice 

A cruise ship medical malpractice claim may be filed against two parties. The medical team that gave treatment is one thing, but the cruise company is another. You must comprehend some hurdles to suing each defendant. 

The medical crew aboard a cruise ship, for example, is often made up of citizens of other countries. As a result, there is a jurisdictional barrier that must be overcome to pursue a medical malpractice claim against the cruise ship's medical personnel. The doctor on the ship must have committed the misconduct or live in the state where the court is situated before a court may consider the medical malpractice action against him. 

In other cases, the jurisdictional obstacle cannot be surmounted since the ship's medical personnel is based outside of the United States and the malpractice happened while the ship was on the ocean. However, in rare cases if the doctor resides in the United States or the malpractice occurred in the waters of a specific state, such as Florida, it's critical to have the problem reviewed. 

There are no jurisdictional barriers to launching a medical malpractice lawsuit against a cruise company located in the United States. All of the major cruise lines located in the United States include a provision in their tickets that specifies the court in which a lawsuit against them must be filed. A vicarious liability claim is a medical malpractice lawsuit filed against one of these cruise companies. 

Call Nooney, Roberts, Hewett & Nowicki Today!

Florida is known for its large number of cruises. In most situations, cruise companies demand that any lawsuit be filed in our Sunshine State.

Our maritime lawyers at Nooney, Roberts, Hewett & Nowicki have extensive expertise in addressing cruise ship medical negligence issues due to the high volume of cruise lines and the subsequent and inevitable accidents that happen onboard. This knowledge enables us to identify the essential concerns in these circumstances and begin gathering evidence to back up our clients' claims. We'll then fight to make sure that each of the clients we represent gets fairly compensated for the injuries and losses they suffered as a result of the cruise ship's medical malpractice. Maritime law is extremely complicated. Do not go through this difficult process alone. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive maritime attorneys! ¡Hablamos español!


[1] Franza v. Royal Caribbean Cruises, Ltd., 772 F.3d 1225 (11th Cir. 2014)

[2] Id.

[3] Id.

Introduction

PIP stands for personal injury protection and is a kind of no-fault insurance. Personal Injury Protection (PIP) in Florida is a kind of insurance that covers you if you are hurt in a car accident.  PIP was designed to grant injured drivers money in medical coverage when it was incorporated into vehicle insurance law. Accident victims might get these funds right away. As a result, accident victims do not need to go through the legal system to prove fault, which may take several months or more in many situations. Instead, they can get payments to cover medical costs and other expenses. 

Even if they were at fault for the accident, personal injury protection protects insured persons. Children, household members, and some passengers are also covered under personal injury protection. Passengers in an accident will have their own personal injury protection policy activated and accessible to them. 

Personal injury protection of at least $10,000 must be purchased by all motor vehicle owners in Florida, according to state law[1]

For many reasons, personal injury protection insurance is critical. Without having the need to pursue a claim using the legal system (courts), having PIP is designed to allow victims of auto accidents funds to cover their medical costs. 

Prior to personal injury protection (PIP) being a mandatory requirement for Florida drivers, injured drivers might suffer lengthy delays in receiving funds to pay medical expenses. Personal injury protection sped up the process by eliminating the long waits that injured drivers frequently experience while seeking reimbursement for medical bills and other expenditures incurred as a consequence of a car collision. 

Personal injury protection insurance offers no-fault insurance coverage, which is one of its most important aspects.  Injured parties may usually receive their medical bills and expenditures under a no-fault insurance coverage, regardless of who was at fault in the accident. Even the motorist who caused the collision should be eligible to recover for their medical bills if they have enough personal injury protection insurance coverage. 

PIP and the Law

In Florida, there existed a tort reparations system in place before personal injury protection was implemented. An injured motorist might sue the at-fault driver since they were held accountable under the old system. The tort reparations system allowed a motorist who was not at fault to sue the at-fault driver for both monetary and non-monetary damages (medical expenses, property

damage, etc.). Insurance disputes would typically take a long time to settle and would often wind up in court if the tort reparations system was used. 

In Florida, personal injury protection is well-established; the no-fault statute has been in place for over 50 years. In 1971, Florida became the second state in the US to enact a no-fault system. As a matter of fact, there are currently 12 states with no-fault vehicle policies and 14 states with personal injury protection in the United States. 

The goal of enacting personal injury protection vehicle insurance and no-fault laws was to make the process of filing a claim for compensation after an accident more efficient. Both parties are permitted to claim medical expenditures under the no-fault statute. This implies that regardless of who caused the collision, both drivers may file a claim. The goal of the legislation was to eliminate the need for protracted back-and-forth disputes in order to determine who was to blame. This reduced the time it took for drivers to be reimbursed for medical expenses and made the claims process more efficient. 

The statute has been changed numerous times since its inception in 1971, in an effort to resolve concerns of justice and prevent bogus claims. 

Advantages

Drivers with automobiles registered in Florida may take advantage of a variety of perks via PIP. Personal injury protection benefits drivers in a variety of ways, including: 

Drivers with PIP may be confident that if they are involved in a car accident, they will be reimbursed for the expenses of their medical care. 

Medical treatment compensation is typically handed out swiftly to injured drivers, so there is no need to wait a long time to be paid. 

Even if the motorist was at fault and caused the collision, they will be able to claim their medical expenses since their PIP would pay some of their expenses. 

The no-fault legislation makes the claims procedure much more efficient. This simplified procedure eliminates the need for drivers to travel back and forth, seeking to assign guilt and get the pay they deserve. 

PIP and the no-fault statute were enacted in part to limit the number of cases involving accident claims that ended up in court. 

Individuals' compensation rights are substantially weakened under the legislation, since they will only be compensated for treatment expenses via PIP. Insurance premiums should be lower since there will be less money to pay out in compensation. 

Limits

PIP insurance has a lot of advantages, but it also has certain drawbacks. Here are some of the drawbacks that the no-fault legislation and personal injury protection are commonly blamed for: 

The ability of an injured individual to sue another motorist for non-medical suffering is severely restricted under Florida's no-fault statute. Suing the at-fault motorist for emotional and mental suffering caused by the collision became much more difficult when the no-fault statute was implemented. This limits the ability to seek compensation for non-physical injuries like as anguish, anxiety, pain, and suffering that may arise as a result of a car accident. 

Personal injury protection is no longer available to claim the expenses of certain therapies for those who have been injured. Massage therapy and acupuncture were no longer covered by personal injury protection insurance after the law was changed in 2012, therefore injured drivers could no longer claim back the expenses of these treatments. 

Drivers who want to submit fraudulent claims might take advantage of the no-fault law. Spurious claims may take many different forms, ranging from staged accidents to unscrupulous medical practitioners assisting claims for care that was never given. No-fault accident fraud is a persistent issue that has resulted in a large number of dubious claims. 

Making a successful claim on your PIP insurance may be a difficult procedure to navigate since any errors in the documentation you provide to the insurance company might lead to your claim being denied. Many injured drivers employ an attorney to guide them through the process and obtain what they deserve, increasing their chances of filing a successful claim and getting compensated for their medical expenditures. 

At Nooney, Roberts, Hewett & Nowicki, we make sure you are aggressively represented and get as much monetary compensation as possible. Call us today at (904) 398-1992.

PIP insurance has a $10,000 cap on medical expense claims, which is often thought to be too low. Since the introduction of the no-fault law in 1971, the claim limit has been unchanged at $10,000. As a result, despite growing medical expenditures, the cap has remained unchanged for over 50 years.  You may have to pay the difference if your medical expenditures surpass the $10,000 maximum of your personal injury coverage. 

Although the no-fault system is intended to offer prompt reimbursement for medical expenses, there are several circumstances in which your claim may be delayed. If your claim is found to be fraudulent for any reason, you will have to wait longer to find out if you will be compensated. In this case, the insurance company will have to investigate your claim before deciding whether to compensate you. This might lead to a long delay and unnecessary stress for injured people who are making valid claims. Hence, why it is very important to hire an attorney to help you seek the compensation you deserve. 

Call us today at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive personal injury attorneys! ¡Hablamos español!  

How to Get PIP Coverage 

If you've been in a car accident, you may be unclear about how to file a claim and get your PIP benefits. Being in an accident may be stressful, so seeking expert assistance to guide you through the process may be beneficial. Using the services of an attorney may assist you in establishing a successful compensation claim by helping the claims process go more easily. 

The medical care you get must occur within 14 days of the date of the accident in order to be covered by your PIP policy[2]. Your insurance company may deny your compensation claim if you seek therapy after those first 14 days. After the 14-day time has passed, your attorney can advise you on how you may be able to recover money for treatment, but it's probable that you'll have to go via the at-fault driver's insurance coverage. 

Call Nooney, Roberts, Hewett & Nowicki Now!

The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience assisting clients to seek the compensation they deserve. Our team of legal experts can help you along this complicated and delicate process. Please do not go through this intricate process alone. 

Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive personal injury attorneys! ¡Hablamos español!


[1] FLA. STAT. § 324.021 (2021).

[2] FLA. STAT. § 627.736(1)(a)

A limits of liability clause is a part of a contract that tries to set a maximum amount of liability for breaching the terms of the agreement or for other types of liability. 

Until recently, Florida Limits of Liability clauses intended to protect professionals were usually enforceable as long as: (1) the clause made it clear what the parties wanted; (2) the limitation did not release any party from all responsibility and still discouraged negligence; and (3) the parties to the contract had the same amount of bargaining power[1].

In Florida, many professionals have put these clauses in their contracts to protect themselves by imposing limits on how high their potential liability can go. This has also kept professionals from being sued by setting recovery limits so low that the plaintiff's Bar is discouraged from filing claims. Additionally, these limits helped give insurance companies a solid legal basis for offering coverage for lower premiums than they might have if these caps weren't in place. 

Recently, a new case in the Third District Court of Appeals for Miami-Dade County could end this protection. This "after-the-fact" loss of exposure caps could hurt professional liability insurance companies.

In a Florida case[2], the Third District Court of Appeals issued an opinion that shakes up the law and could change the way professional E&O coverage works for the foreseeable future. 

La Gorce Country Club, Inc. (La Gorce) investigated the viability of irrigating its golf course with the reverse osmosis water treatment technology in 1999. To do this, La Gorce talked to ITT Industries (ITT) and hired them to design and build an irrigation system. Gerhardt M. Witt (Witt), a licensed geologist in Florida who ran his own business, Gerhardt M. Witt and Associates (GMWA), signed a contract with La Gorce for hydro-geologic consulting services on the project. 

The contract contained an exculpatory provision that limited the liability for any claim, including but not limited to negligence and professional errors to a specific amount. It is important to remember that the limitation of liability clause specifically named GMWA, but Witt was not. 

In the end, the system was sent to La Gorce. La Gorce used the system for about fourteen months before it broke down completely, which may have caused La Gorce some damage. La Gorce sued GMWA and Witt separately, as well as ITT.

Among other things, La Gorce sued GMWA and Witt for professional malpractice. The trial court found that both Witt and GMWA were liable to La Gorce. However, the limitation of liability clause only applied to GMWA and not to Witt. 

The trial court concluded that Witt was liable because he provided services, but that the limitation clause did not protect him because he was not a party to the agreement. The trial court also held that a professional limiting a client's remedies by contract in the same manner that a manufacturer could with a customer in a commercial setting is questionable[3]

When making its decision, the Third District Court of Appeals agreed with that idea and said that even if Witt had been covered by the limitation of liability clause, the Moransais decision makes the clause unenforceable. 

Moransais is not a limitation of liability clause case like Witt. Instead, the focus of this case is on an old friend called the "economic loss rule." The economic loss rule usually says that a plaintiff can only get money for real economic losses when two parties have a contract together and one party wants to sue for damages in tort because of something in the contract, or when a defect in a product damages the product but doesn't involve personal injury or property damage.  In Moransais, the Florida Supreme Court said that the economic loss rule doesn't stop someone from suing a professional for negligence, even if the damages are only financial and the person who was hurt has a contract with the professional's employer. 

The La Gorce opinion admits that Moransais doesn't talk about how a limits of liability clause protects a professional. It does, however, say that the Supreme Court's analysis "highlights the extra-contractual" nature of a claim against a professional. It says that Moransais means that it is necessary to have a remedy outside of the contract against a negligent professional because the contractual remedies may be inadequate. It also held that since Moransais admits that a negligence claim is possible and works outside of a professional services contract, limiting the liability to the amount in the professional services contract would be inconsistent. 

How Does this Case Impact Professionals and the Insurance Companies that Cover Them?

If the case reaches the Florida Supreme Court and the Court affirms it, it means that a professional can't limit his or her liability to the terms of the contract and that exposure in malpractice cases can't be limited to a contract price or some other agreed-upon number. 

The practical effect on insurance companies is big, especially in a slow market where people are looking to blame professionals. Professionals may be less likely to take on jobs they think are risky, and insurers may be less likely to cover them.

Prestigious Florida Civil Law Firm

The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience assisting clients in cases just like the ones mentioned above. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive civil law attorneys! ¡Hablamos español!


[1] Diesel Repower Inc. v. Islander Investments LTD., Inc., 271 F. 3d. 1318,1324 (11th Cir., 2001). See also Merrill Stevens Dry Dock Co. v. M/V Yeocomico II, 329 F. 3d 809 (11th Cir., 2003).

[2] Witt v. La Gorce Country Club Inc., 35 So. 3d 1033 (Fla. Dist. Ct. App. 2010). 

[3] Moransais v. Heathman, 744 So. 2d 973 (Fla. 1999) at p. 983.

United States Citizenship and Immigration Services Form I-751, Petition to Remove Conditions on Residence, may be a difficult and time-consuming procedure for our clients, therefore we guide them through every step of the way.

We will relieve you of the pressure of attempting to navigate through all of the challenges and obstacles involved in the process, whether you are filing a joint petition or you need to file for a waiver. 

What Exactly is Form I-751, also known as the Petition to Remove Conditions on Residence? 

If you married a United States citizen within two years of filing for a green card (formally known as a Lawful Permanent Resident card), you will become a conditional lawful permanent resident and may receive a two-year conditional lawful permanent resident card. If you did not get married to a United States citizen within two (2) years of filing for a green card, you will not become a conditional permanent resident.

Your status as a legal permanent resident will be terminated if you fail to submit Form I-751 within the allotted time frame of ninety days after the expiration of your conditional green card. This form, along with the appropriate filing fee and any relevant proof, must be sent to the United States Citizenship and Immigration Services (USCIS).

Therefore, it is of the utmost importance to confer with a lawyer in advance of the expiration of your conditional green card. 

Why Submit Form I-751? 

The submission of Form I-751 by individuals is being required by the federal government in an effort to reduce instances of fraudulent marriages. The federal government is under the impression that they will be able to uncover a significant amount of marriage fraud if they revisit all marriages that have lasted less than two years a second time two years after the individual has been granted a conditional green card. 

What other documents are required in addition to Form I-751? 

You and your U.S. citizen spouse are required to submit a joint I-751 form. You are required to submit Form I-751, the appropriate filing fee, evidence that your marriage was legitimiate when it first started, and further documentation.

In many cases, the existence of joint bank account statements, joint cell phone records, joint utility bill statements, text message printouts, photos, social media account printouts, a lease or deed with both of your names on it, and other types of documentation are required in order to prove a bona fide marriage. These types of documents typically date back at least two years. 

What Should I Do if I’m Not Sure What to Provide or How Much Information to Send? 

People who submit Form I-751 are frequently sent a document known as an RFE, which stands for a Request for Evidence. You will be issued this RFE along with a deadline for submitting the needed papers in the event that you do not submit the appropriate or sufficient amount of documentary proof. On the other hand, USCIS is not required to issue an RFE. They have the ability to categorically reject Form I-751.

It is essential to deliver all the necessary paperwork at the start of the session. To do this, hiring an attorney would be in your best interest, as we will guide you along with this intricate proceeding. Call our immigration attorneys at Nooney, Roberts, Hewett & Nowicki at (904) 398-1992 today! 

What Should I Do if My Spouse and I Are Unable to Submit a Joint Petition to Remove Conditions? 

There are three exemptions to the requirement for couples filing jointly. In other words, the noncitizen spouse is permitted to submit the I-751 form without their U.S. citizen partner under the following three (3) conditions: 

Exceptional Hardship Waiver 

The requirement that you submit Form I-751 with your U.S. citizen spouse will not be enforced by USCIS if you can demonstrate that you are facing exceptional hardship. 

Divorce Waiver

In the event that you and your U.S. citizen spouse end up being divorced, you will be able to submit Form I-751 and ask for a divorce waiver.

Despite this, you will still be required to provide evidence that the marriage was entered into in good faith. As a result, you will be required to provide documentary evidence in the same manner as if you were bringing a joint petition. 

Waiver for a Battered Spouse 

You are eligible for a Battered Spouse Waiver if you have been subjected to battery or extreme cruelty by your U.S. citizen spouse. To qualify for this waiver, you must demonstrate that the marriage was entered into in good faith. If this applies to you, you can file the I-751 form without your spouse. 

Will It Be Necessary for Me to Attend an Interview? 

After you have submitted Form I-751 to USCIS, you will often be required to attend an interview. 

Should you be required to attend an interview, the questions would most likely center on the longterm potential of the marriage. The adjudicator will attempt to ascertain whether the couple entered their marriage with honest intentions and good faith. During the interview, they will frequently ask you to provide evidence. They will typically ask to see joint bank statements, joint utility bills, joint phone records, pictures, and other items from the time period between when you submitted the I-751 and the interview. 

USCIS Rejected My I-751 Application. I would Like to Appeal. 

The USCIS Petition to Remove Conditions of Residence (Form I-751) is unfortunately not subject to any form of appeal. You also need to be aware that USCIS has the authority to commence deportation proceedings against you and issue a Notice to Appear (NTA). However, after that, you have the option of having an immigration judge decide whether or not your petition to remove conditions should be granted; this would effectively give you a second chance at getting what you want.

Since there are many different factors to consider while completing an I-751, it is strongly recommended that you seek the advice of an experienced immigration attorney before submitting the form. Fill out a quick form to schedule your free initial consultation with our legal experts at Nooney, Roberts, Hewett & Nowicki! 

How Much Time Is Needed to Process Form I-751? 

USCIS is required to publicize the typical processing times for each form. After you have submitted Form I-751, USCIS will send you a notification that will extend your conditional legal permanent resident status for another 18 months. 

Why Should I Hire an Immigration Attorney? 

It is smart to check with an attorney about your specific situation to be sure there are no pitfalls that await you in the process. Initial consultations with attorneys are usually free of charge.

In exchange for a nominal consultation fee, the vast majority of immigration lawyers are willing to offer you thirty minutes to one hour of their time. In return, when you leave the office, you should have gained further information on the procedure, information regarding potential difficulties that you may not have been aware of, and assistance regarding how you should proceed. 

At Nooney, Roberts, Hewett & Nowicki, we strive to present you with as much useful information as we possibly can so that you are able to decide whether to retain our services. We will never put you in a position where you feel obligated to hire us to handle your case in any way.

Call Our Jacksonville Immigration Attorneys Today! 

The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience assisting clients with immigration procedures. Our expert legal team can help you along this complicated and intricate process. Please do not go through this process alone. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive immigration attorneys! ¡Hablamos español!

An automobile collision has the potential to make a person's life significantly challenging. You will not only have to pay for the repairs that need to be made to your vehicle, but you will also miss time that might be spent working or spending time with your family. Additionally, you run the risk of getting hurt and dealing with a complex set of legal repercussions.

It is quite easy to make errors that might make the situation even more precarious. Make a concerted effort the following mistakes. 

Failing to Contact Authorities

After an accident, many people are so unsettled that they don't bother to call the authorities. If you were involved in a minor traffic collision, the police will not come to the site to make an arrest. Police officers are there to help with the situation, take statements, and document the facts of the incident. All of this together is important evidence that can aid you to obtain the compensation you deserve.

Even if the other driver acknowledges fault and gives their contact information to you, you still need to get a report of the accident from the police. This is something that is very important to building your case.

In the absence of a police report, it may be exceedingly challenging to establish that the other person was negligent or liable in order to construct your case. In situations like these, insurance companies may assign a figure indicating the percentage of fault that was yours for the accident. This concept, known as comparative negligence, may restrict the maximum amount that you can collect through your claim. 

Fleeing the Scene

According to Florida law[1], it is considered a criminal violation to flee the scene of an accident without providing necessary information. You will not only be punished for fleeing the scene, but there is also a possibility that you may be charged with hindering the investigation. In the event that you were involved in an automobile crash, it is in your best interest to remain at the site until the police arrive. 

Before speaking with insurance companies and dealing with claims, call our personal injury attorneys at Nooney, Roberts, Hewett & Nowicki at (904) 398-1992, as dealing with insurance companies by yourself might end you up not receiving the full compensation you rightfully deserve. 

Towing Your Vehicle Before the Investigation is Over

It is imperative for the investigators to ascertain the positions of the cars after the collision to determine how and why the accident occurred and who is to blame. If it is not absolutely required to relocate your vehicle for safety reasons, do not move your vehicle, as it may result in a criminal offense[2]

Not Obtaining an Attorney 

Following an automobile accident, you will be confronted with a wide variety of legal issues, including insurance claims, investigations, and medical bills, among other things.

It is quite unlikely that you will be able to handle these things on your own when you are trying to recover from an accident. You need the assistance of a team of personal injury lawyers that have significant expertise in handling cases similar to yours. 

Call us at (904) 398-1992 or fill out a quick form to schedule your free initial consultation today! 

Accepting a Settlement on Your Own 

Having a strong legal team by your side is an important step to take if you want to ensure that you are compensated for any injuries or damages to the greatest extent feasible. 

The objective of the insurance adjuster is to watch out for the best interests of the insurer by negotiating with you to pay you the least amount of money possible in order to settle the claim.  Having legal representation can assist you in comprehending the circumstances surrounding your case and pursuing just recompense. 

Postponing Medical Treatment

After being in an accident, you should make an appointment with your primary care physician as soon as you can so that you may take care of your health and well-being and acquire a record from an expert of any injuries you may have incurred as a result of the accident. 

You have 14 calendar days from the date of the accident to obtain the initial medical care according to Florida law[3]. Failing to do this may be difficult to prove your injuries in the future, and you may lose your rights to seek compensation for your injuries and losses.  In addition, the opposing party may argue that you purposefully failed to seek medical treatment to exacerbate your injuries to increase your compensation. 

Not Giving Full Details about the Incident  

Do not try to keep anything hidden from the authorities, as there is a good chance that it will be discovered throughout the investigation. Because you need evidence of your injuries, you shouldn't try to seem tough by not telling the paramedics about your injuries. Instead, tell them everything. 

Very importantly, you should never be dishonest to your lawyer. They require as much information as they can get their hands on to fully comprehend your situation and defend you properly by having the full facts of the case. 

Call Nooney, Roberts, Hewett & Nowicki Today!

After an accident, you may turn to the dedicated and knowledgeable legal team at Nooney, Roberts, Hewett & Nowicki, standing by to assist you.

Stay away from these common mistakes and get in touch with us as soon as possible. Our number one priority is to offer you the most effective representation possible, thus, resulting in the best possible outcome.

Do not go through this intricate process alone, as it may result in you not receiving full compensation. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive personal injury attorneys to fight for the compensation you justly deserve! ¡Hablamos español!


[1] FLA. STAT. § 316.027(2)(a). See also § 775.082-775.084

[2] Id.

[3] FLA. STAT. § 627.736(1)(a)

The community of people who identify as lesbian, gay, bisexual, transgender, queer, or intersexed has been subjected to a great deal of discrimination under the law in the United States and elsewhere in the globe. 

The LGBTQ community in the United States has made significant strides in gaining legal protections in recent years, particularly with regard to immigration policy in the United States. 

Same-sex Marriages 

Following the decision of the Supreme Court on June 26, 2013, which struck down Section 3 of the Defense of Marriage Act (DOMA), the federal government was required to recognize samesex marriages that are performed by the states. This was a significant triumph for the LGBTQ community since it opened the door for couples in the community to have their marriages acknowledged for all government benefits. 

The federal government's recent decision to recognize LGBTQ marriages made it possible for couples to qualify for immigration benefits. Despite the fact that it is currently legal, the legislation surrounding it is still being established as it is a relatively new field of law. 

During the immigration procedure, many couples may find themselves confronted with challenging obstacles. The significance of retaining an experienced immigration attorney cannot be overstated; nonetheless, that attorney's background must include familiarity with immigration law. 

At Nooney, Roberts, Hewett & Nowicki, we have represented clients in a number of marriage cases involving both same-sex couples and bisexual couples. Despite the apparent clarity in the legislation, we are aware that there may still be obstacles in the way of couples. We pay close attention to the intricacies of each relationship, and we collaborate with our clients to convey their stories.  Although the immigration procedure can be difficult, our LGBTQ immigration attorneys in Jacksonville, Florida will be by your side each and every step of the way. 

Challenges

The individual's sexual orientation or gender identity, as well as any subsequent bias or discrimination, might put them in situations where they are confronted with specific difficulties. 

While applying for immigration to the United States, our skilled legal team will work with you to overcome any hurdles that may arise. We are aware that life may be challenging, and we also realize that there is no "normal marriage."

Call our experienced immigration attorneys at (904) 398-1992 today!

Global Concerns Raised About Gay Marriages 

It is possible to submit petitions (Form I-130, I-129F) on behalf of foreign spouses of the same sex. This paves the way for the potential of acquiring several visas, such as the K-1 visa for a fiancé, the K-3 visa for "marriage," employment (H) visas, and other visas.

In addition, an Adjustment of Status can be acquired for same-sex spouses to provide foreign spouses permanent residency based on a marriage to a U.S. citizen or lawful permanent resident. This option is available for couples who share the same gender. 

Same-sex marriages are illegal in certain countries. 

Relationships between homosexual or transgender individuals are frequently prohibited and prosecuted under the laws of many countries. 

It may be difficult to build the essential evidence for relationship or asylum-based applications when dealing with these countries. 

Asylum and Refuge

To be eligible for asylum, a person must demonstrate that they are in danger of being persecuted in their home country because of their race, nationality, religion, political opinion, or membership in a particular social group. As a consequence of this, one can qualify for refugee status by their participation in a social group that is based on their sexual orientation and/or gender identity.

To qualify for asylum in the United States, an individual must present evidence that they have been persecuted in their home country or fear that they will be persecuted in the future due to their gender identity and sexual orientation. 

Call Nooney, Roberts, Hewett & Nowicki Today! 

The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience assisting clients. Our team of legal experts can help you along this complicated process. Please do not go through this delicate process alone, as it may result in irreversible consequences. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive immigration attorneys! ¡Hablamos español!

Do you have a friend, family member, or acquaintance who is an abused spouse, child, or parent? Unfortunately, instances of violence within the home are all too prevalent. 

You have the right to file a petition for an immigrant visa as a battered spouse, child, or parent in accordance with the Immigration and Nationality Act (INA), which was amended by the Violence Against Women Act (VAWA). 

To Begin, What Exactly is VAWA? 

The Violence Against Women Act (VAWA), which was initially enacted in 1994, is a federal law that was initially passed in the United States that both recognized domestic violence and sexual assault as crimes, as well as provided resources to support the investigation and prosecution of such crimes against women. In addition to being able to benefit from VAWA under the INA, immigrant women and children can also benefit from the INA, which allows them to file immigrant visa petitions for themselves.

The Act, which was reauthorized in 2013, now allows certain spouses, children, and parents of U.S. citizens, as well as certain spouses and children of permanent residents (Green Card holders), to file a petition for themselves, without the abuser's knowledge. In addition, the Act allows certain spouses and children of permanent residents (Green Card holders) to file a petition for themselves. Because of this, abused immigrants are able to seek safety and independence from their abusers in secret without having to worry about the perpetrators finding out. 

To Whom Does the VAWA Apply? 

The provisions of the VAWA, which are included in the INA, apply equally to men and women, immigrants, and citizens. You may submit a claim under the VAWA if you meet one of the following criteria: 

Requirements for a Spouse to Qualify for Benefits Under VAWA 

Eligibility for Children

o You were abused as a child by a parent who is a United States citizen or a permanent resident who, as a result of domestic violence, lost his or her citizenship or legal permanent residence statues; and

Note: A person who files for oneself is regarded to be a child if they are under the age of 21, however you can file under the Act as a child until you are 25 years old if you can show that the abuse was the primary cause for the delay in filing. 

Eligibility for Parents

and

Filing Process

To request a green card under VAWA, you must first complete the United States Citizenship and Immigration Services (USCIS) Form I-360 and send it to USCIS. In addition, you will be required to send documents to show that you satisfy all the qualifying conditions outlined above, such as the following: 

It is important to note that there is a standard filing fee, but battered spouses, parents, or children who file their own petitions are exempt from having to pay it. 

Call Our Jacksonville Immigration Attorneys Today! 

The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience assisting clients. Our team of legal experts can help you along this complicated and delicate process. Please do not go through this process alone. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our aggressive immigration attorneys! ¡Hablamos español!

There are times when it is not quite apparent which laws are applicable to workers in the marine industry. If a marine worker is hurt on the job and is not a member of the crew of a vessel, there may be other alternatives available to them for obtaining compensation for their injuries. This indicates that longshoremen, dockworkers, and harbor workers do have choices available to them under either state or federal employee compensation legislation.

If you hire an attorney who lacks experience and knowledge of these laws, you could end up with less than what you deserve or nothing at all. Hiring an attorney who will file a claim using the correct laws and procedures can speed up the resolution of your claim and can help obtain the compensation you deserve.  

Longshoremen, harbor workers, and other maritime employees who are injured on a vessel, dock, or land are protected by the Longshore Act and other federal laws. 

The maritime attorneys at Nooney, Roberts, Hewett & Nowicki are familiar with the Longshore Act and other federal laws that apply to them. Because we are familiar with these regulations and have a lot of experience working with them, we are aware of how they may pertain to your situation. 

The Longshore and Harbor Workers' Compensation Act

Many employees around the country are eligible to receive compensation for lost income, medical expenses, and rehabilitation services thanks to the  Longshore and Harbor Workers' Compensation Act, commonly referred to as the Longshore Act. Maritime workers who are not members of the crew of a vessel and who sustain injuries or contract occupational diseases while working United States waters or in adjacent waterfront areas such as docks, piers, marine terminals, or marinas are covered by the Longshore Act. 

Longshoremen, dock workers, and the majority of other workers on the waterfront are protected by the Longshore Act. This includes workers in marinas, men who deliver fuel, bridge builders, ship builders, ship repairmen, lumpers, and the majority of people who are engaged in construction on the waterfront. An injured worker who is eligible for benefits under the Longshore Act will receive those benefits without regard to who was at fault for the injury, just as is the case with state workers' compensation statutes. 

Workers who are awarded benefits under the Longshore Act also have the right to file a third-party lawsuit against the person or company that caused the injuries, even if that person or company was not the victim's employer or co-worker. 

Compensation

The Act provides the following, but not limited to: 

Under the provisions of the Longshore Act, you may be entitled to compensation if you are one of the following types of workers: Harbor workers, stevedores, longshoremen, crane operators, or dock laborers.

Time Limits and Initial Procedure

There is a possibility that additional laws and time limits for submitting a claim will apply. 

Since claims under the Longshore Act can be filed up to a year after the incident that resulted in the injury, it is critical to get legal counsel and representation as soon as possible. It's possible that certain onshore maritime employees might be eligible for workers' compensation through the state. 

To get started on the legal procedure and start recovering money for your injuries, the first and most critical step is to figure out which laws apply to your case and apply them. Having a claim delayed or denied is always a possibility but having an attorney who is familiar with the many requirements of the various laws that apply to the situation can make the difference between getting full and fair compensation in a timely manner and not getting it at all.

You may be eligible for compensation under the Longshore Act or under other maritime laws if you have been hurt as a result of an accident while working in a dry dock, have been hurt as a result of a crane accident while unloading a container ship, or have been hurt while working in the shipbuilding industry.

As soon as possible, get in touch with the attorneys at Nooney, Roberts, Hewett & Nowicki to obtain information on your legal rights. 

Call Nooney, Roberts, Hewett & Nowicki Today!

The attorneys at Nooney, Roberts, Hewett & Nowicki have decades of combined experience assisting clients to seek the compensation they rightfully deserve. Call us at (904) 398-1992 or fill out a quick form to schedule a free initial consultation with our maritime law attorneys! ¡Hablamos español!

The sudden death of a loved one is one of life’s most difficult ordeals to handle. When an
accident occurs that leads to the preventable death of a family member, it can be especially
devastating for those left behind because the loss was unexpected and preventable. Family
members and beneficiaries of the victim may have many questions and concerns regarding their
loved one’s death and its impact on their future.


When someone is killed because of someone else’s recklessness or negligence, the family and
beneficiaries of the deceased may file a civil lawsuit known as a wrongful death claim, seeking
compensation from the wrongdoer for their losses. No amount of money can make things right
after the loss of your loved one. But our knowledgeable wrongful death attorneys at Nooney,
Roberts, Hewett & Nowicki have observed that a wrongful death settlement can help a grieving
Florida family achieve closure and regain financial stability after the loss of a loved one who
helped support the household.


Our experienced wrongful death lawyers at Nooney, Roberts, Hewett & Nowicki are here to
answer your questions, stand by your side and advocate on your behalf. With our office in
Jacksonville, we will examine one’s death and work diligently to ensure that you receive the full
compensation that you deserve for your loss Call us at (904) 398-1992 or fill out a fast and
convenient form to schedule a free initial consultation with our experienced and aggressive
wrongful death attorneys!


What is a Wrongful Death Claim?


A wrongful death claim is a civil lawsuit filed by the personal representative of the deceased’s
estate on behalf of the immediate survivors. If your loved one died because of the carelessness or
negligence of others, you may have a right to seek compensation.


A wrongful death lawsuit seeks monetary damages from the at-fault party that caused the
preventable death, signifying the conduct was intolerable.


Wrongful death is separate from any criminal prosecution of the person or company that caused
the victim’s death. For example, a drunk driver may be charged by the police and face criminal
prosecution for causing a fatal crash. The drunk driver also may be held accountable by the
family of the person killed through a wrongful death lawsuit, demanding financial damages from
the drunk driver’s insurance company.


Many circumstances leading to fatal injuries may be the basis of a wrongful death lawsuit in
Florida including a:

▪ Car accident

▪ Truck accident
▪ Motorcycle accident
▪ Pedestrian accident
▪ Boating accident
▪ Bicycle accident
▪ Construction accident
▪ Negligent medical care
▪ Unsafe or mislabeled products
▪ Dangerous conditions on a property
▪ Work-related accidents
▪ Intentional criminal acts.

In Florida, compensation can be sought for certain types of losses in a wrongful death lawsuit.
They include:


▪ Loss of care, guidance, and companionship that person provided to loved ones
▪ Mental pain and suffering
▪ Loss of support services the accident victim provided
In some cases that involve intentional or outrageous conduct, punitive damages also may be
sought to punish the wrongdoer.


Wrongful Death Damages Coverage in Florida


The deceased’s estate also may receive compensation for certain types of losses:


▪ Medical and funeral expenses
▪ Lost earnings from the date of injury to death
▪ Future lost income the deceased would have earned
▪ Pain and suffering before the accident victim died.


These are complex cases to pursue. That is where an experienced Florida wrongful death
attorney from Nooney, Roberts, Hewett & Nowicki can make a significant difference in the
outcome of your case. Our firm has decades of experience handling personal injury and wrongful
death claims and is well regarded by our peers in the Florida legal community. Our
compassionate wrongful death attorneys are available to listen to your questions and concerns
and discuss the appropriate steps to take next. Call us at (904) 398-1992 or fill out a fast and
convenient form to schedule a free initial consultation.


Who Can File a Wrongful Death Claim?


The State of Florida allows a wrongful death lawsuit to be brought on behalf of the accident
victim’s immediate family, including the spouse, children, parents, and other relatives who were
dependents of the deceased.

Each survivor may seek to recover the value of lost services and support from the date of the
loved one’s death and the importance of future lost support and assistance. The surviving
husband or wife may claim compensation for the loss of their loved one’s companionship and
protection and mental pain and suffering from the date of the fatal accident.


Minor children may seek compensation for the loss of parental instruction, guidance and
companionship, and pain and suffering. Parents of a deceased minor child may recover from
mental pain and suffering from the date of the accident in which the child was fatally injured.
Each parent of an adult child killed may be eligible to seek compensation for pain and suffering
if there are no other survivors.


Florida Statute of Limitations on Wrongful Death Claims


The length of time allowed to file a Florida wrongful death lawsuit is typically four years.
However, the length of time allowed in wrongful death claims involving medical malpractice is
two years. More time may be allowed to file a medical negligence wrongful death claim in cases
involving fraud or intentional concealment by a health care provider, causing a delay in
discovering the cause of death.


If you ignore the Florida wrongful death statute of limitations and fail to take legal action within
the time allowed, the court may dismiss your claim.


It takes time to investigate the circumstances of a death and identify who should be held
accountable for the wrongful death. Therefore, it is essential to contact a Florida wrongful death
attorney as soon as possible to begin work on your wrongful death claim.


Wrongful Death Settlement Payouts


We will submit a demand letter to the appropriate insurance companies demanding compensation
for your losses and negotiate aggressively on your behalf. We will keep you informed of our
negotiations on your behalf, and any settlement offers received. We will offer trusted guidance
based on decades of experience to help you make well-informed decisions.


Our attorneys have been helping individuals and families rebuild their lives after devastating
losses for many years. Wrongful death cases can take many months to resolve. You want to work
with an established wrongful death law firm with the resources to pursue the case to a desired
conclusion.


Nooney, Roberts, Hewett & Nowicki handles wrongful death claims on a contingent fee basis, so
you do not have to worry about how to afford an attorney when your family is experiencing
financial stress due to losing a loved one. You will not owe any attorney’s fee unless we
successfully obtain compensation for you through a wrongful death settlement or jury award.

How Can Our Wrongful Death Attorneys at Nooney, Roberts, Hewett & Nowicki Help
You?


Our compassionate attorneys can review the circumstances of your loved one’s death and explain
your legal rights and the appropriate next steps. If negligence or misconduct on the part of
another individual or company caused your loved one’s death, you might have a right to hold the
wrongdoer accountable. Choosing the right wrongful death attorney can make all the difference.
If we believe that you have a valid wrongful death lawsuit, our attorneys will thoroughly
investigate the fatal accident to determine what caused your loved one’s death and who should
be held responsible.


Call Nooney, Roberts, Hewett & Nowicki at (904) 398-1992 or fill out a fast and convenient
form to schedule a free initial consultation with our experienced and aggressive wrongful death
attorneys. We will await your call!

1680 Emerson St
Jacksonville, FL 32207
Copyright © 2022, Law Offices of Nooney, Roberts, Hewett & Nowicki

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