Author: Danielle Birriel

In an accident caused by another person’s negligence, the victim may experience losses that aren’t solely monetary. Pain and suffering refer to injuries that impact the physical and mental health of the victim. When pain and suffering are a result of another’s negligence, you may be able to recover compensation for your losses in a Florida lawsuit.  

What is Pain and Suffering?

Pain and suffering is a legal term that refers to the physical and emotional harm that a victim experiences after an accident. Additionally, if the victim passes away from the injuries sustained in an accident caused by another’s negligence, the family may be able to claim a type of pain and suffering called “loss of consortium”. Loss of consortium refers to the pain and suffering experienced by family members after the victim’s death.  Continue reading “Can You Sue for Pain and Suffering in Florida?” →

If you work on a construction site, you’re subject to a high risk of injury. Despite working cautiously and according to best practices, many construction workers each year sustain injuries, some of which are disabling. 

There are several prevalent types of construction accidents, including: 

Falls

Falls are among the most common construction accidents, and construction workers that must get on the roof of a building are at a significant safety risk. Unfortunately, the absence of fall protection is a common OSHA violation, often leading construction workers to work without a harness or other fall protection system. Along with a lack of fall protection equipment, dangerous ladders, faulty equipment, and precarious scaffolding equipment can lead to falls. Responsible third parties who don’t provide the required fall protection and adhere to other safety guidelines can be held liable for injuries from a fall on the construction site.  Continue reading “Most Common Types of Construction Accidents” →

In apartment complexes, swimming pools are a favorite amenity among residents. While swimming pools are a place for residents to relax on a hot day, they also present the risk of injury, especially if there’s negligence on the part of the complex owner. 

Many personal injury cases can arise from swimming pool mishaps. However, when the injury takes place at an apartment complex pool, who is held liable? Read on to learn about how you may be able to seek compensation for losses caused by a swimming pool injury.  Continue reading “Is an Apartment Complex Liable for Swimming Pool Injuries?” →

Wrongful death and survival action claims are both legal claims that family members may make after a loved one’s death. However, these claims have distinct legal actions and several differences. Here, we’ll discuss each of these legal claims and how they differ in Florida. 

Wrongful Death

When the death of an individual directly results from another person’s actions, the family of the decedent may file a wrongful death claim. Under Florida law, family members can file a wrongful death claim if the decedent’s death was caused by another party’s wrongful act, negligence, breach of contract, or default.  Continue reading “The Difference Between Wrongful Death and Survival Actions in Florida” →

Personal injury cases involve physical and emotional damages caused by another party’s negligence, intentional wrongdoing, or strict liability. In a personal injury case, the plaintiff can receive compensation for the damages caused by the defendant. 

If you’ve undergone physical or emotional trauma as a result of another’s negligence or wrongdoing, hiring a personal injury lawyer is the best way to receive compensation for your losses. After suffering from a personal injury, there are several benefits of hiring a personal injury attorney, including:

Maximum Compensation For Your Claim

Personal injury lawyers have the knowledge to determine the maximum compensation that you can receive from your claim. By evaluating the injuries, losses, and pain resulting from the accident, as well as negotiating your settlement, a personal injury lawyer will ensure that you receive the highest possible compensation. Not hiring an attorney after an accident could lead to a settlement that’s far lower than what you deserve.  Continue reading “Benefits of Hiring a Personal Injury Lawyer” →

In a personal injury case, it’s important to assess all of the damages so that you can receive the compensation that you’re entitled to. Each case is different, but there are strategies that you can implement to accurately assess the damages in your case.

Defining Damages in a Personal Injury Case

Damages in the legal realm are defined as losses, whether physical, mental, or emotional, incurred by the victim. The losses may have resulted from an injury to the victim, or the victim’s property, reputation, or mental health. The value of these losses is assessed to determine the total amount that the defendant is liable for in the personal injury case.  Continue reading “How to Assess Personal Injury Damages” →

Drunk driving is a deadly problem in the United States, with about 28 people in the U.S. die in drunk-driving accidents every day. Before you hit the road, being prepared for the possibility of a drunk-driving accident can ensure that you receive compensation for any damages incurred in an accident. 

The main steps that you should take after getting hit by a drunk driver include:

1. Dial 911

The first step after getting hit by a drunk driver should always be to call the police. Getting the police on the scene will ensure that it’s properly documented. This documentation is essential for insurance claims and auto accident lawsuits, should you choose to file one.  Continue reading “Important Steps to Take After Getting Hit By a Drunk Driver” →

If you’re a Florida driver, uninsured motorist coverage is an essential form of auto insurance to obtain. Uninsured motorist coverage will help cover the cost of medical care and property damage resulting from a crash with an uninsured or underinsured driver. 

Let’s learn more about uninsured motorist coverage and why all drivers should have it. 

What is Uninsured Motorist Coverage?

Uninsured motorist coverage is a type of car insurance covering the repair cost for your vehicle or other property after an uninsured driver causes an accident. Also called “UM” coverage, you can use uninsured motorist coverage if the at-fault driver in an accident has no liability insurance or insufficient liability insurance.  

Continue reading “What is Uninsured Motorist Coverage and Why You Should Have It?” →

It’s against the law to discriminate against employees on the basis of sex. Title VII of the Civil Rights Act of 1964 outlaws employment discrimination on the basis of sex, race, color, religion, and national origin. However, many cases of discrimination against women still occur in Florida and across the country. There are several ways in which gender discrimination affects women in the workplace, including:

Disparate Treatment

Disparate treatment based on gender occurs when employees are treated unfairly due to their sex. This may occur in the process of hiring or firing employees, in determining employees’ payments, or in giving promotions or benefits. 

Examples of disparate treatment based on sex include:

• Passing over a female application in favor of equally-qualified male candidates solely because of her sex
• Firing a female employee on the basis of gender
• Granting a female employee less paid sick leave than male employees
• Denying female employees benefits that are granted to male employees

Continue reading “Ways Gender Discrimination Affects Women In The Workplace” →

Unfortunately, pregnancy discrimination is among the many types of discrimination that can occur in the workplace. It’s illegal for employers to discriminate against pregnant employees or applicants, and victims of pregnancy discrimination have the right to take legal action. 

What is Pregnancy Discrimination?

Pregnancy discrimination occurs when an employer discriminates against an employee due to pregnancy or childbirth. Examples of pregnancy discrimination in the workplace include:

• Firing or demoting an employee because of pregnancy
• Refusing to make reasonable accommodations, such as granting time off, for pregnant employees
• Restricting pregnant employees’ hours or forcing them to take time off
• Refusing to hire an applicant based on  pregnancy
• Giving different accommodation and treatment to pregnant employees than other employees that are temporarily disabled
• Refusing to give a pregnant employee the same or a similar job when she comes back to work after maternity leave

Continue reading “Pregnancy Discrimination in the Workplace” →