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Cordero, Benages and Davies Attorneys at Law.
1666 79th Street Cswy, Miami Beach, Florida 33141, United States
305.525.8957. 772.227.0577 24hrs a day Office: in Broward 1342 Griffen Road, Davie Florida Office in Martin and St. Lucie County 130 S. Indian River Drive, Fort Pierce, Florida
Professional Affiliations
Accolades in the Legal Profession
Combat Veteran Attorney Ready to Fight for your rights.
Juan J. Cordero
Verdicts and Settlements we have worked on.
Verdicts and Settlements we have worked on.
Attorney Juan J. Cordero has been practicing law in Florida for 20 years. In those 20 years he has been honored to represent many families that have had a love one injured because of the negligence
of another. Juan J. Cordero is a Professor of Law at Indian River State College. The Cordero Benages Davies team has represented clients in au
Attorney Juan J. Cordero has been practicing law in Florida for 20 years. In those 20 years he has been honored to represent many families that have had a love one injured because of the negligence
of another. Juan J. Cordero is a Professor of Law at Indian River State College. The Cordero Benages Davies team has represented clients in auto accidents, slip and falls, crime victim cases, air bag injury cases, brain injury cases, paralysis cases, wrongful death cases, pool drowning cases, sexual assault cases, burn victim cases, negligent security cases, work accident, explosion accidents, cruiseline accidents, medical malpractice cases, trucking accident cases, motorcycle accidents, amusement park accidents cases as well as many other areas of the law. We have helped recover millions of dollars for our client's injuries. In addition, Mr. Cordero is a combat veteran from the United States Army and was a member of Task Force 118 and the 101st Airborne during his time in the military. In his 20 years of practice Mr. Cordero has also represented several elected officials and public figures in notable cases in the past decades. Call us now one of our lawyer or attorneys with experience in criminal defense, Injury from an accident, injury from a work accident, injury from a slip and fall, injury from a medical malpractice, injury from a violent crime, injury from a car defect - airbag rollover seatbelt tires, explosion or any other negligence of another will go see you immediately at your home, hospital or one of our offices in Miami Dade, Broward, Palm Beach, Martin, Indian River St. Lucie County and other affiliate offices throughout Florida.
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Slip and Fall lawyer near me
Abogado en Jensen Beach
Abogado en Stuart
Abogado en Fort Pierce
Abogado en St. Lucie
Abogado en Vero
Abogado en Martin
Verdicts and Settlements we have worked on.
Verdicts and Settlements we have worked on.
Verdicts and Settlements we have worked on.
P. vs. C Management
10.1 Million
Negligent Security Case
Davis vs. Association Housing
15.1 Million
Negligent Security Case
P v Mobile Home Park
1 Million
Negligent Security Case
M.D. v. Apartment Complex Jacksonville
2.6 Million
Negligent Security Case.
J.Doe v. Checking Cashing
1 Million
Negligent Security Case.
Mapet vs. Cumbre Espana
3.1 Millio
P. vs. C Management
10.1 Million
Negligent Security Case
Davis vs. Association Housing
15.1 Million
Negligent Security Case
P v Mobile Home Park
1 Million
Negligent Security Case
M.D. v. Apartment Complex Jacksonville
2.6 Million
Negligent Security Case.
J.Doe v. Checking Cashing
1 Million
Negligent Security Case.
Mapet vs. Cumbre Espana
3.1 Million Business litigation
Santos v T Power
5.1 Million Burn Explosion Case
C.F. v. H Car Manufacturer
3.1 Million Airbag Faulty Case.
P vs. Florida Keys Bar
5.1 Million
Negligent Security Case.
Bentaces v S. Mall
$225,000 Slip and Fall at a Mall
M.D vs. Publix Supermarkets
$210,000 Slip and Fall at Market
Serano v Dollar Rent a Car
$500,000 Auto Accident
N.M. vs. Stuart Apt Complex.
$250,000 Negligent Security
Assault
M. vs. Security Company
2.1 Million
Security Company Negligence
Death Case
P. A. B. v. Apartment Complex in Miami Gardens, Florida - Confidential Settlement
$5 million for our client- Negligent Security
Z.L. vs. Gas Station
$1 million for family of deceased
Negligent Security
Estate of B.B v. B.H.C.
Assault Negligent Security
Carmen A. Auto Accident
$100,000.00 policy limits herniated disc
E. B. Auto Accident
$100,000.00
Assault Negligent Security
E.R. v S. Seafood
$130,000.00
*This is just a small sample of the cases that we have participated in. Call us for an updated list. A medical malpractice in Florida lawyer Criminal Defense lawyer in Miami Personal Injury Lawyer Is ready to see you in West Palm Beach Fort Lauderdale Miami, Miami Beach and all of Florida
Lawyers with 20 years experience.
Verdicts and Settlements we have worked on.
Lawyers with 20 years experience.
Our team has been a part of the most important legal work in the fields we practice in. The highly decorated staff of attorneys are here to serve you with the upmost level of professionalism. We are available 24 hours a day to take your call or text to assist you in your time of need. A car accident lawyer or accident attorney is ready t
Our team has been a part of the most important legal work in the fields we practice in. The highly decorated staff of attorneys are here to serve you with the upmost level of professionalism. We are available 24 hours a day to take your call or text to assist you in your time of need. A car accident lawyer or accident attorney is ready to see you at your home or hospital in West Palm Beach Fort Lauderdale Miami and Florida. Personal Injury Lawyer Medical Malpractice in Florida Lawyer and Criminal Defense Lawyer in Miami Beach Abogados de casos de negligencia Uber Lift Accidente
Slip and Fall Attorney in Florida
Florida has always been known for it's beautiful beaches and amazing tourist destinations but what people often don't know is that because it rains often in Florida people tend to fall from slippery surfaces. The people tend to fall in areas that are not properly maintained. The Florida laws governing such falls at Supermarkets, Shopping Centers, Apartment Complexes, Amusement Parks, Nightclubs ( Publix Target Walt Disney Universal Studios Sedanos Home Depot Lowes Sawgrass Mills Mall Dolphin Mall Outlet Mall South Beach Miami Beach Orlando Tampa Palm Beach Ft Lauderdale ) all state basically the same thing. The laws explains several elements that have to be fulfilled before your able hold a commercial establishment liable for injuries from a slip and fall. An experienced Slip and Fall Attorney in Florida knows exactly what needs to be demonstrated to get you the maximum amount for your damages. First the experienced Slip and Fall Attorneys at the Cordero Benages Davies Lawfirm know they have to clarify what the injured person was doing at the place that they slipped tripped and fell. This is called what status does the person injured have on the property. The two most common are 1. Business Invitee or 2. Trespassor. A business invitee is determined by what the person was doing at the business or establishment he fell at. For example, if a person goes to a Publix Supermarket and is walking down an aisle looking for his favorite brand of frozen pizza when out of no where he or she slips trips and falls. The person while on the floor immediately looks down and observes water comming from one of the freezers. The water looks like it is migrating slowly from the cooler at a very slow rate taking a substantial time for the water in which the person slipped on to puddle up and become a dangerous hazard. Moreover, the water that made the person slip trip and fall looked like it had been stepped on by countless other customers throughout the day. When a person is at a store that is open to the public and is there for the intended reason the store is open for he is a Business Invitee as stated above. When a person is a Business Invitee a Business Owner like Publix Target Home Depot Lowes Walmart owes them a very high standard of care. This standard of care is one that a business owner should do everything reasonable to keep it's location free from known dangers and hazards or dangers and hazards that they should have known if they would do periodic checks of their premises to insure none exist. In the before mentioned example it was a Publix Supermarket Freezer that had been leaking for a substantial amount of time. A reasonable store owner would have had their staff do periodic safety checks to insure all the aisles were clear and safe from said hazards. This is a classic failure in maintenance by a Supermarket that could have been prevented a serious injury from a Slip Trip and Fall from a leaking freezer or from standing water that could have been spilled by a previous customer. Because the business owner didn't keep his location / premises in a safe condition and the business invitee fell they are held liable or they are negligent for the persons fall and are responsible for his injuries. The other example of a person's status will be if the person is an uninvited guest or in legal terms a trespasser. A Slip and Fall Attorney from the Cordero Benages Davies Lawfirm is trained to distinguish between a business invitee and a trespasser. Furthermore, they are skilled in determining which duty of care is owed to each. A good example of a trespasser would be a person that wonders into an apartment complex were he knows no one and has zero business at said apartment complex. In complete difference to the business invitee an owner owes little to no duty to a trespasser on it's property. It is the little things that make a difference in premise liability law. If you or your family member have a slip and fall at a commercial establishment call the Slip and Fall Lawyers at Cordero Benages Davies for a free consultation today.
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Files coming soon.
Abogado de defensa criminal en la Florida
ABOGADO DE DEFENSA CRIMINAL en La FLORIDA
Al contratar la oficina legal del licenciado Juan Cordero estas adquiriendo los servicios de abogados con sobre 20 años de experiencia combinados en el sistema de justicia criminal y civil. Adquieres un equipo de abogados altamente entrenados con experiencia como abogados de casos criminal y civil.
Nuestros abogados han litigado juicios por asesinato y juicios por jurado. No existe caso pequeño o grande; ya que tratamos cada caso con la misma pasión y agresividad , con el único objetivo de ganar su caso.
Cuando usted enfrenta cargos criminales en la Florida, necesitas todas las ventajas disponibles para posicionarte hacia un mejor futuro; como lo es contratar al Licenciado Juan Cordero como su abogado defensor.
El licenciado Cordero es un defensor quien sabe de primera mano cómo la fiscalía del estado manejará su caso. Debido a su experiencia llevando cientos de casos, puede prepararte una defensa efectiva anticipando las tactic’s del abogado fiscal antes de que este las presente.
Contacte la oficina legal de Cordero hoy para coordinar una consulta inicial gratuita en relación a sus cargos criminales en Florida y Casos Civil de Accidente Caidas o Mala Practica Medica. Representamos residentes de Florida, estudiantes universitarios y turistas que han sido arrestados y acusados de crímenes.
¿Porque contratar a Juan Cordero como su Abogado Defensor?
La experiencia del licenciado Juan Cordero en el derecho criminal ha sido reconocida por compañeros abogados, clientes e inclusive por parte de agencias noticiosas. Ha sido nombrado a la lista de unos de los Mejores Abogados" en la la Asociación Nacional de Abogados Litigantes.
Fue seleccionado también como una estrella ascendente por la organización de Abogados de Florida; y ha sido reconocido por múltiples otras organizaciones prominentes de revisión entre compañeros y compañeras de la profesional legal.
El licenciado Cordero también se encuentra en la lista de los mejores abogado" durante los años en casos de conducir bajo influencia de sustancia embriagante y conducir sin licencia o seguro automovilístico a tenor con la satisfacción de clientes de acuerdo al Instituto Americano en casos de conducir bajo influencia embriagante y conducir sin licencia o seguro automovilístico.
Adicionalmente, el licenciado Cordero a representado miles de casos en la Florida
Finalmente, organizaciones noticieras han recurrido al conocimiento en defensa criminal del licenciado Cordero al invitarlo a aparecer en programas de CBS y Telemundo. Tambien en articulos en el Miami Herald sobre casos con el a trabajado.
Cuando su libertad este en juego, confie su caso en un abogado defensor respetado y galardonado: el licenciado Juan Cordero.
Nuestra firma legal ofrece planes de pagos flexibles, aceptamos tarjetas de crédito y poseemos estacionamiento gratuito.
EXPERIENCIA DIVERSA EN DEFENSA CRIMINAL
Tenemos experiencia extensa defendiendo individuos con todo tipo de cargo criminal, incluyendo crímenes de drogas, como la posesión y venta de drogas. También representamos personas en todo tipo de casos de conducir bajo los efectos del alcohol, desde primeros ofensores hasta individuos con casos anteriores.
En adición, defendemos individuos enfrentando cargos criminales federales, como evasión contributiva y malversación de fondos. También manejamos una amplia gama de asuntos criminales, desde crímenes de propiedad y ofensas de tráfico, hasta cargos por crímenes sexuales.
Nosotros también abogamos por clientes acusados de violar sentencias de probatoria. En adición, podemos atender preocupaciones sobre el sellamiento y eliminación de un expediente criminal, obtenimiento de un empleo luego de ser convicto por un crimen y posiblemente tener su nombre removido del registro de ofensores sexuales.
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Files coming soon.
Car Accident Lawyer in Florida
Recently, US-1 was named the deadliest highway in the U.S. There have been more than 1,000 fatalities on the road in the last decade. In 2016, 294 people died in car crashes in Miami-Dade County.
If you were injured in an automobile accident in Miami you may be able to sue for compensation. To find out if we may be able to help recover compensation for you, please fill out our free, no-risk case evaluation form today.
CAR ACCIDENT LAWYERS IN MIAMI, FL
Get your free, immediate, Case Evaluation
How can we help up? Car Accident
It’s not just your imagination: Miami is home to some of the most dangerous roads in the country.
Recently, US-1 was named the deadliest highway in the U.S. There have been more than 1,000 fatalities on the road in the last decade. In 2017, 301 people died in car crashes in Miami-Dade County.
If you were injured in an car accident in Miami you may be able to sue for compensation. To find out if we may be able to help recover compensation for you, please fill out our free, no-risk case evaluation formtoday.
Miami Has the Most Motorcycle, Pedestrian Accidents in FL
Sadly, no one is immune to Miami’s dangerous roads. Miami-Dade County boasts the most motorcycle and pedestrian crashes in the state, according to data from the Florida Department of Highway Safety and Motor Vehicles. In 2016, there were 1,117 motorcycle accidents and 1,449 pedestrian accidents. Miami also nearly ties Broward County for the most accidents involving cyclists (758 crashes to Broward’s 759).
Our attorneys practice multiple types of motor vehicle accident lawsuits, including those involving motorcycles, trucks, buses, bicycles, and pedestrians.
What to Do After a Car Accident
Car accidents can be overwhelming, particularly if it’s your first one. While the safety and health of yourself and others should always be at the top of your mind, there are some things you should do to help you file your insurance claim and, if necessary, a successful lawsuit.
After you’ve moved to safety and called the police, it’s important to do the following:
• At the scene of the accident: Take pictures of the damage, and collect the contact information, driver’s license number, license plate number, and insurance policy information of the other drivers.
• After the accident: Get evaluated by your doctor, and contact your insurance company.
• Ongoing: Keep track of all repair and medical bills, and keep a journal of your injuries.
Dealing With Insurance Companies
If you get hurt due to a motor vehicle crash, even if the other driver was clearly at fault, you will probably have to fight to recover the compensation you deserve. The other driver’s insurance company may not place a fair value on your claim. In fact, many insurance companies will do everything they can to cut your claim, including minimizing your injuries or alleging that your injuries weren’t caused by the wreck. That’s why you should hire an auto accident attorney who will negotiate with the insurance company on your behalf to help acquire the compensation you deserve.
How Can PIP Insurance Impact My Compensation?
According to Florida Law, drivers are required to have a minimum of $10,000 in personal injury protection (PIP) insurance. PIP will cover up to 80% of your medical bills (up to $2,500 if your injury is not life threatening and up to $10,000 if it is) after a car crash if you file a claim within 14 days. If your insurance company denies you payment, contact our motor vehicle accident lawyers for a free evaluation of your proper PIP insurance payout.
What Will Your Attorney Do For You?
A lawyer will collect proof to bolster your motor vehicle accident claim through an initial investigation, including:
• Interviewing medical staff and witnesses
• Collecting video and photo footage, along with police reports
• Consulting with medical experts to determine the extent of your injuries
• Collecting past information about both parties involved in the collision
From the investigation, your lawyer will be able to estimate how much compensation you may be eligible to receive. If the negotiations are unsuccessful, your attorney will determine whether you may be able to file a lawsuit against the insurance company.
What Can I Recover After a Car Accident?
A lawsuit may be able to help you recover compensation towards medical costs, lost wages due to your inability to work, and damage to your vehicle, as well as noneconomic suffering that may include pain and suffering, mental anguish, and emotional distress.
Contact Our Miami Car Accident Lawyers
At Cordero Benages Davies our attorneys have achieved tremendous success on behalf of clients who were severely hurt in car accidents. Our lawyers take insurance companies to court and hold negligent drivers accountable for their actions.
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Files coming soon.
Crime Victim Advocate / Lack of Security Lawyer in Florida
Our cities have been plagued by crime for decades. A recent study by the Florida Department of Law Enforcement showed that our towns throughout the State of Florida have had huge spikes in crime. For instance, in Stuart, Florida once a sleepy little city is now 80 percent more dangers than other cities in Florida. Cities like Orlando, Tampa, Miami, Ft. Lauderdale, Palm Beach, Jacksonville, Ft. Myers and Port St. Lucie have seen the same kind of spike in violent crime over last several years. These spikes usually come with population growth and the change of demographics to one's area. Moreover, if there is a steady climb in youth unemployment this also fuels the criminal activity. Unfortunately, more violent crime in a city means more victims of crimes. Victims come in all shapes and sizes but the most common are persons that are severely injured by an assault of somekind like a shooting, stabbing or fist fight. These victims are left with injuries that last a life time and are almost always in need of economic assistance. In most cases many of these crimes can be prevented if the appropriate steps were taken at the place the crime occurred. In this I mean if a crime occurs at a place that is a shopping center, mall, nightclub, bar, parking lot, convenience store, apartment complex, hotel, gas station, concert, event or any other commercial establishment open to the public. In determining prevention of a crime we must first ask what is the crime in the local area. What has been the crime on the business owners property and in the surrounding area for the last 5 years. The surrounding area is for the most part 3 miles from the location of the owners property. One must also determine the status of the victim. Was the victim a business invitee or a trespaaser? Was he in a commission of a crime? What was his association with the person that committed the violent crime? Only a well qualified Negligent Security Crime Victim Advocate Lawyer can figure out the details in pursuing a complex legal issue as this. The lawyers at Cordero Benages Davies are among the top lawyers in Florida that handle Crime Victim cases. It is the details in cases as this that are the difference between the recovery you deserve for your damages. Call us today for a free consultation 1.800.789.9999
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Miami Florida Premises Liability Lawyer
Having a guest over never really crosses people’s minds as dangerous, but it can be. When an individual gets hurt on another’s property, many people do not realize that the property owner can be held responsible if the accident was preventable. If you have sustained injuries on another party’s property, such as a house, restaurant, store or hotel, you may be eligible to fight back for justice. Contact a Miami Florida premises liability lawyer today. .
You may be entitled to compensation if:
- The property owner knew about the danger and should have taken necessary precautions to fix it at an earlier date to prevent any injuries.
- The property owner was responsible for the un safe location
- such as having an object blocking a walkway when it could have been stored in a safer place or knowingly having a broken staircase.
- The property owner knew that there were hazardous objects on his premises and failed to correct the conditions.
Are Landlords Liable for Injuries
When would a landlord be liable for a tenant’s injuries? Just because a tenant was injured in the rental property does not necessarily mean that the landlord can be held responsible. Not only does a landlord have to be proven negligent, but the injury must have been foreseeable.
For instance, if a handrail is faulty, and a tenant falls because of this, then this was a foreseeable injury. The landlord would be considered negligent if he or she knew about the problem and did not take reasonably fast enough measures to repair the handrail. If a landlord negligentl to, and their tenants developed illnesses as a result, they could be held liable.
If a tenant is vulnerable to criminal acts because of a landlord’s negligence, then this too would make a landlord liable. For example, if a landlord fails to install a deadbolt on the door and to ensure that all windows are able to lock, and a burglar enters through either of these portals, then the landlord could be liable.
In fact, if a common area (a parking lot perhaps) is poorly lit because a landlord failed to install sufficient light, and a tenant is attacked, then a landlord could be held liable.
Contact a Miami Florida Premises Liability Lawyer Today
At the Cordero Law Firm, our legal team has represented hundreds of individuals in the Miami Florida area with their personal injury and premises liability claims, and we are ready to help you as well.
We understand that an injury can have serious financial consequences on an individual and an entire family, which is why we plan to do everything in our power to help you regain momentum and find a speedy recovery! Despite how intimidating your situation may appear, we can fight relentlessly on your behalf!
At the Cordero Law Firm, we represent injured individuals all throughout the state of Florida, and with offices located in Miami Florida and elsewhere we are fully prepared
Elements of a Miami Florida Premises Liability Claim
The early case information that a will want to know is exactly how the event happened and when it happened. An attorney will likely also want to see photographs, if possible, and obtain information about what caused the injury, who owns the land, and any applicable home owner’s insurance. There are many elements to a Miami Florida premises liability claim that an experienced attorney can help to explain to their client early on.
Recoverable Damages
A person can recover damages for medical expenses if there are future medical expenses, past pain and suffering, and any permanent pain and suffering or permanent injuries that may last in the future. A person can also recover for lost wages or lost income from time missed out of work because of the injuries. If someone dies in a premises liability case, they can recover wrongful death damages.
Injuries
If it is a private land owner where a person goes to a friend’s house and they are injured there, they are going to be dealing with their individual home owner policy. If a person falls at a big box retailer or chain restaurant, they are going to be dealing with possibly a self-insured company or a larger corporate entity. There may be an incident report that is filled out and more investigated materials that are accessible to them as opposed to if it happened in a normal citizen’s home.
The severity of the injuries or a wrongful death claim where the stakes are higher, a person needs to have an attorney look at the case. If it is just a few bumps and bruises, it is probably not worth the injured person’s time or the attorney’s time. With serious, life-altering injuries or death of a person, it is worth having an attorney involved as soon as possible to conduct an investigation to find out exactly what happened.
LAW FIRM
Elements of a Miami Florida Premises Liability Claim
The early case information that a will want to know is exactly how the event happened and when it happened. An attorney will likely also want to see photographs, if possible, and obtain information about what caused the injury, who owns the land, and any applicable home owner’s insurance. There are many elements to a Miami Florida premises liability claim that an experienced attorney can help to explain to their client early on.
Recoverable Damages
A person can recover damages for medical expenses if there are future medical expenses, past pain and suffering, and any permanent pain and suffering or permanent injuries that may last in the future. A person can also recover for lost wages or lost income from time missed out of work because of the injuries. If someone dies in a premises liability case, they can recover wrongful death damages.
Injuries
If it is a private land owner where a person goes to a friend’s house and they are injured there, they are going to be dealing with their individual home owner policy. If a person falls at a big box retailer or chain restaurant, they are going to be dealing with possibly a self-insured company or a larger corporate entity. There may be an incident report that is filled out and more investigated materials that are accessible to them as opposed to if it happened in a normal citizen’s home.
The severity of the injuries or a wrongful death claim where the stakes are higher, a person needs to have an attorney look at the case. If it is just a few bumps and bruises, it is probably not worth the injured person’s time or the attorney’s time. With serious, life-altering injuries or death of a person, it is worth having an attorney involved as soon as possible to conduct an investigation to find out exactly what happened.
Contributory Negligence
Insurance companies are almost always going to argue contributory negligence which means that if a plaintiff is any degree at fault, even as little as one percent, it can be a complete bar to recovery. In premises liability cases, there is generally a duty for individuals to keep a reasonable lookout when they are moving about property or coming down steps. The defense almost always believes that the person injured failed to keep a reasonable lookout and that caused or contributed to the person’s falling or being injured.
Another angle they may argue would be that the landowner did not know or did not have reason to know about the defect. For example, if a couple of blueberries spilled in a grocery store and the store can show they were only on the ground for 30 seconds when the person fell, they did not have time to become aware of the defect and correct it. These are a few instances that defense attorneys would argue against the plaintiff for recovering for injuries from a premises liability case.
Working with an Attorney
Individuals should hire a premises liability lawyer if they have been injured severely or if they have had injuries that require ongoing medical treatment because they are probably going to have medical bills. In Miami Florida premises liability cases are difficult, so it may be that the insurance company is not willing to work with them easily. It may be important to have an attorney involved as soon as possible.
If the contributory negligence aspects seem a little too strong or if there is no evidence that the landowner did anything wrong, an attorney may turn down a case. For example, accidents happen where someone may slip and fall and the land owner or the property owner did nothing wrong to have caused or concealed it. Because premises liability cases are difficult and always fight allegations of contributory negligence, oftentimes attorneys will not take premises liability cases unless there has been a serious injury requiring medical treatment, surgery, ongoing physical pain and suffering, or in worst case scenarios, the wrongful death of the person. There are usually serious injuries when an attorney is getting involved in a premises liability case.
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Premises Liability Cases
How the various types of premises liability cases are handled depends on the severity of the injuries, as well as who the defendants are, who the land owners are, and who made the mistake. In some instances, the case may be able to be filed in state court and resolved relatively quickly. Some may be more complex and take longer. Overall, it depends on the facts of the specific case.
Raleigh premises liability lawyers are going to be looking at the significance of the injury to the person when they begin a case, like whether it was permanent or severe enough to require ongoing medical treatment, hospitalization, and surgeries. If you believe you may qualify for any of the common premises liability cases in Miami Florida and want to know the next step, you should contact a https://whitleylawfirm.com/raleigh-premises-liability-lawyer/" rel="noopener" target="_blank">premises liability WHITLEY LAW FIRM
Establishing Liability in Raleigh right away.
Common Liability Cases
Liability cases handled by a lawyer would generally include someone slipping and falling on another person’s property, home, or business, and the person who owns or leases that property knew about the condition but failed to correct it, or should have known about the condition to correct it, or failed to warn about it.
Common premises liability cases in Miami Florida involve a large defect on someone’s property, a defect on someone’s porch at their house, an issue with the interior of a store, a home improvement location, or a pet store or a grocery store that caused someone to injure themselves. An example might be in a grocery store if there was a product that the store sells that had spilled and had been there long enough that the store knew or should have known about its existence and nothing was done to correct it.
Common Locations of Accidents
Some common locations of Miami Florida premises liability accidents might be at a friend’s home where there are outdoor defects that may qualify. Other examples would be at a restaurant, a grocery store, or places where food items are served and may spill on the ground or cause problems that way. Another example could be a home improvement store which may have slick floors or any location where weather caused the parking lot to be snowy or slick. These are just a few examples of common premise liability cases in Raleigh, North Carolina that may arise.
Determining Liability
Liability is determined in these cases based on whether the landowner knew about the defect. Legal status of a visitor used to make a difference in a premise liability case. In Florida it would be how the distinction between invitees, licensees, and trespassers is made. Now there is no distinction. If a person is on someone’s property lawfully, they have a duty to warn or a duty to correct any defects they know or should know about.
Further, liability also depends on what caused the injury. If the individual is talking to a friend and not paying attention, falls and gets badly injured, it is probably not going to be a strong case. However, if the individual is on a set of stairs that collapses, it may be a stronger case. It depends on whether it was a freak accident, the person injured was not paying attention, or there was something that a land owner or occupier did that was negligent to cause or contribute to the accident
Miami Florida Commercial Property Premises Liability Lawyer
Commercial property is defined as property that is zoned and used for a commercial purpose, whether that be a restaurant, a business, an establishment that sells things, or any other non-residential piece of real estate used specifically for the purpose of earning revenue for a company.
Commercial property liability comes into play when someone is injured on a piece of commercial property as opposed to on residential property. If you have been injured on land of this kind and purpose, contact a skilled premises liability lawyer as soon as possible. A Miami Florida commercial property liability attorney will be able to guide and advise you on the best course of action as you choose your next steps moving forward.
Statute of Limitations
A commercial property owner has a duty to inspect and make sure their property is safe, which means making sure it meets safety code standards, safety ordinances, and that there are no major defects with the property, and if so bringing in the compliance.
For a liability. case on commercial property in Miami Florida, the statute of limitations is going to be four years from the date of injury and two years if a death has occured. After that, an individual harmed on commercial property will no longer have the legal ability to file a claim against the owners of said property.
How Liability Is Assigned
It depends on who owns, occupies, or leases the property where the incident occurred. There may be several possible defendants. For instance, an owner and lessee who both were on notice of the defect could both find themselves on the receiving end of a claim. It depends on the facts of the case, but commercial property cases tend to deal with multiple defendants.
Dealing With Large Corporations
When dealing with large corporations, they are likely going to have a headquarters outside of Florida which means dealing in federal court instead of state court. This is the case even if the injured person files his or her lawsuit in state court.
It is important to take into account that the larger corporations have seemingly unlimited resources, may sometimes be self-insured and have teams of lawyers. They are going to have internal investigations. They may have more internal documents that reveal knowledge about defects on the property than cases dealing with the residential land owner.
How an Attorney Can Help
Premises liability cases involving commercial property may involve more nuance and complexity than a normal accident case, because there are so many more moving parts as to how it could have happened.
It is important to contact the Miami Florida commercial property liability lawyer, especially if someone’s injuries are serious enough. There are going to be attorneys and insurance adjusters for the other side on the case immediately. If it is a serious injury, it is important that a potential plaintiff have the same team on t
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Cruise Ship Accident Attorney in Florida
CRUISE SHIP ACCIDENT Attorney in Florida
If you are injured on cruise ship because of a slip and fall on the ship or during disembarkation and embarkation, a victim of a rape on the cruise ship, injured on a tour or by another cruise ship passenger, injured because of a norovirus outbreak or any other kind of injury while on a cruise ship call the Cruise Ship Accident Attorney in Florida we can help you recover for your injuries.
The cruise line might be ignoring you, but we won’t.
Will the cruise line ever take responsibility?
They certainly don’t want to. You may have been injured, victimized on the ship, or worse. But cruise lines would rather look the other way.
Now you’re looking for justice. You might even be recovering from an injury.
Thankfully, there’s good news. When a cruise line is at fault for your injury, a family member’s injury, or a family member’s death, you can seek compensation through a personal injury claim or lawsuit.
You’re right. The cruise line is wrong.It’s time to recover the cost of medical treatment, pain and suffering, and any lost wages due to time away from work. At Cordero Benages Davies, we help you make the cruise line accept responsibility for your hardship.
CONTACT US TODAY 1.800.789.9999 or 305.525.8957 24 hrs a day.
Maritime attorneys who know CRUISE SHIP LAWS
Here in Florida, we send more cruise passengers to sea and to foreign ports than any other state. Cruises can be fun, but they can also go wrong – and fast.
What’s more, cruise lines often go out of their way to skirt liability. That doesn’t always put them in the clear, but it means you may need help from an experienced team of maritime lawyers.
At Cordero Benages Davies, we help you seek justice, recover medical costs, and get your life back on track by:
• Collecting extensive documentation about your cruise ship injury
• Investigating the incident and establishing fault
• Finding a doctor to treat and document any injuries
• Negotiating medical bills, so you owe less and take home more money
• Holding the cruise line responsible for your injuries
• Completing paperwork from insurers and hospitals
The cruise line has made your life difficult, but it won’t be that way forever. We’re here to help you fight for justice and make life normal again.
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Our services cost you
NOTHING OUT OF POCKET.
There is absolutely no financial risk when you work with Cordero Benages Davies We assume all the risk of your case, so we don’t get paid unless you do.
If we don’t win your case,
WE DON’T GET PAID.
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Workers Compensation Lawyer in Florida
One of the most common type of injuries is a work injury. Attorney Juan Cordero was a member of the Transport Workers Union for over a decade and was part of the representatives that help fight for all the rights of the several thousand employees that worked at American Airlines Florida. His unique blue collar point of view becomes essential in representing clients who have been injured on the job.
With work related injuries unexpected medical bills and lost wages resulting from a workplace injury can make life very difficult, especially if you are simultaneously trying to recover from an injury. Worse yet, employers and insurance companies frequently look for ways to avoid paying you benefits like workers’ compensation, complicating your road to recovery.
At the Cordero Benages Davies office , our workers’ compensation attorneys benefit from nearly three decades of legal experience. We have helped thousands of clients with their workers’ compensation claims. Our attorneys have learned the tactics insurance companies may try to use to avoid paying you these benefits, and have developed effective counterarguments to make sure this doesn’t happen. Our attorneys have seen the devastating impacts a workplace injury can have on a family and want to keep that from happening to you.
If you were injured on the job, and think you are not receiving the full range of benefits you are entitled to, it may be time to reach out to a Cordero Benages Davies attorney. To learn more about your rights, and find out exactly how a Miami workers’ compensation lawyer can help, please complete a free, no-obligation case review form today.
Does My Employer Have Workers’ Compensation Insurance?
With few exceptions, every employer in Florida is required to have workers’ compensation insurance if they meet certain conditions. Those conditions are:
• If you work in an industry besides construction, and your employer has four or more employees, full or part-time, your employer must carry workers’ compensation insurance except for corporate officers.
• If you work in the construction industry, and your employer has at least one employee, they must carry workers’ compensation coverage except for corporate officers and members of a limited liability company.
• If you are employed by the state or local government, your employer is must carry workers’ compensation insurance.
• If you work for a farmer that employs at least five regular employees or at least twelve seasonal workers that work for a minimum of thirty days, your employer is required to carry workers’ compensation coverage.
How Can An Attorney Help With My Workers’ Compensation Claim?
Workplace injuries can happen in a variety of ways, and the circumstance of your injury will affect how our workers’ compensation attorneys in Miami can help. Whether you have sustained a muscular, bone, or head injury, a combination of all three, or something else entirely, you are still entitled to workers’ compensation benefits if it happened at work. Your Miami workers’ compensation attorney may help you file and bolster your workers’ compensation claim in the following ways:
• Explain each step of the claims process
• Gather relevant medical documents
• Interview witnesses to support your claim
• Consult with medical experts about the severity of your injury
• Mediate with your employer’s insurance company
• File the claim
In the event your claim is denied, all hope of receiving workers’ compensation benefits is not lost. Your attorney can continue to fight for you by filing an appeal to have your case reevaluated.
What Is The Workers’ Compensation Insurance Claims Process?
If you are able to collect the full benefits you are eligible for under workers’ compensation, they will go a long way towards making your life easier while recovering from a workplace injury. However, to get those benefits, you need to go through the workers’ compensation claims process. The workers’ compensation claims process entails the following steps:
File a Notice With Your Employer: In order to qualify for workers’ compensation benefits, Florida law stipulates that you must report your job-related injury to your employer within 30 days of the incident that caused it. Your employer has seven days to pass this along to their workers’ compensation insurance provider.
File a Claim With the Insurance Company:After filing a notice with your employer you will have to make a claim for workers’ compensation benefits. The claim will include a detailed account of how the injury occurred and its lingering effects. This is very important because it will be a determining factor in the workers’ compensation benefits you are eligible for. To ensure this crucial step is done correctly so you don’t miss out on any benefits, you may want to consider hiring an attorney.
Independent Medical Evaluation: After filing an insurance claim, the insurance company will want to have you received an IME by a doctor of its choosing. You should not rely on this evaluation, though, and we recommend getting a second opinion. When your claim is reviewed both evaluations will be considered.
Insurance Company Evaluates Your Claim:Once the claim has been filed, and you have received your medical evaluation, the insurance company will review your claim and determine the benefits you’re eligible for. If the insurance company denies your claim or offers you less than you and your attorney feel you deserve, you may file an appeal with Division of Administrative Hearings.
What Types of Compensation Am I Eligible For?
Typically, workers’ compensation insurance pays out benefits for medical bills and replacement wages. Each case is different, though, so the specific circumstances of your injury will determine the benefits you receive. In certain cases, though, there may be an additional way to receive compensation for your workplace injury. You may be able to file a third-party lawsuit if your injuries were caused as the result of a third-party, such as if the machine you were working with malfunctioned because of a defect and caused you injury.
Don’t Wait to Contact an Attorney About Your Workers’ Compensation Case
If you were injured on the job, you may be eligible to receive compensation for medical bills and lost wages from your employer’s insurance provider and in some cases a third party. To find out if you have a valid claim and how a workers’ compensation attorney in Miami may be able to help, contact us by filling out this free case review form today
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Criminal Defense Lawyer in Florida
Strong Defense Against Ecstasy Possession Charges
A charge of possessing the psychotropic drug MDMA, widely known as ecstasy, must be taken very seriously. Your driver's license could be suspended for one year if you are charged with this offense. And if you are convicted, you could get up to five years in prison. You could also lose your job, and if you are a student, your financial aid.
At The Law Office of Cordero Benages Davies in Miami we can help you fight back against the ecstasy possession charge or any other drug charge. Mr. Cordero's team are former criminal prosecutor who now focuses much of his practice on defending clients against ecstasy possession and other drug offenses.
Give us a call today to discuss your specific case in a no-cost consultation. We serve clients throughout Miami Miami Beach Ft. Lauderdale Key West Palm Beach Miami Dade Broward Palm Beach Monroe Martin Port St. Lucie counties: 305.525.8957
How Our Experience Benefits Your Defense
A friend or acquaintance may have given you ecstasy tablets or powder at a dance party. Or you may have acquired the drug — also called MDMA or Molly — in some other way.
Regardless of the amount or form of the drug involved, you will want an experienced criminal defense attorney on your side to protect your rights and help you resolve the charges.
As an experienced defense lawyer in cases involving drug charges, Juan Cordero's team knows how to take the steps needed for the best resolution of your case. For example, it is often a good strategy to reach out to the prosecution early in the process. Mr. Cordero's team are well-respected by prosecutors, which gives him credibility in seeking to have charges dismissed or reduced.
At the same time, we also look aggressively for holes in the prosecution's case. If there is an issue about an illegal search or the sufficiency of the evidence, we will raise that forcefully on your behalf.
Get The Defense You Need
Your reputation and future prospects are on the line. It's time to get the help you need.
Led by founding lawyer , Juan Cordero our firm is experienced in defending clients against possession of ecstasy and other drug charges.
Miami Defense Attorney for Disorderly Conduct Charges
Police and prosecutors have wide discretion in charging our clients with disorderly conduct. The vague legal definition leaves room for abuse, if not wrongful accusations. At The Law Office Juan Cordero we counter aggressive police officers and prosecutors with an equal amount of diligence and dedication.
Attorney Juan Cordero — the founder of our law firm — combines his criminal defense experience with a thorough and contemporary knowledge of both state and city disorderly conduct statutes. In addition, he is a former prosecutor who once handled disorderly conduct and other criminal cases on the opposing side of the courtroom.
What Constitutes Disorderly Conduct?
While disorderly conduct can take various forms and is subject to interpretation, acts that corrupt public morals, outrage the sense of public decency or affect the peace and quiet of witnesses are a criminal offense. Profane language, loud noises, property damage and physical fights can result in serious consequences for the accused.
Our job is to get to the facts of a disorderly conduct criminal charge. That starts with the initial consultation, where we spend time with clients to get their side of the story. From there, we review arrest reports and witness statements. Our founder employs trial skills honed as both a criminal defense attorney and former prosecutor in cross-examining arresting officers. In the end, we fight for the best outcome, even if it involves trying cases involving disorderly conduct.
Contact Us Today to Speak With a Lawyer
Contact us online or call us at 305.525.8957 for more detailed information about your disorderly conduct case.
JUVENILE DEFENSE
• Florida Teen Court
• Criminal Defense For Juveniles
• Disorderly Conduct
• Trespassing
• Underage Drinking/Fake ID
Miami Lawyer Defending Against Student Crimes
There is a misconception that what someone does as a juvenile does not count or affect that person as an adult. This is not true. If your child commits a crime as a juvenile, that crime may stay on his or her record for life. It may affect school, employment and many other opportunities.
After initial arrest, your child will either remain in secure detention for up to 21 days (sometimes longer if the state attorney requests) or be released to home detention. Home detention means the child is on house arrest under the supervision of a parent or guardian. If your child violates any conditions of this release, he or she will remain in secure detention.
Certain juvenile offenses can have serious consequences, including juvenile prison where youths can be kept until they turn 22. They can also be placed on probation until they turn 19, with a curfew, community service, drug and alcohol courses and many more sanctions.
Depending on the severity of the charges, the state can charge your child as an adult. If this happens, your child is subject to the same penalties as any adult defendant and could go to an adult state prison. Attorney Juan Cordero has firsthand knowledge of how the system works and what defenses may be available to get your case dismissed.
The juvenile justice system is much different from the adult system and you need an attorney who can give your child the best chance of success. While the state still has to prove a juvenile case beyond a reasonable doubt, there is no jury system and all trials are in front of a judge.
Contact Our Miami Criminal Defense Lawyer
For a free consultation about your child's case, please call our office today at 305.525.8957 Or you can email with any questions.
To schedule a free initial meeting, call 305.525.8957 or 1.800.789.9999 in Florida,/ if you prefer, complete our online form.
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Medical Malpractice Attorney in Florida
MEDICAL MALPRACTICE LAWYERS IN FLORIDA
SUBMIT FREE EVALUATION
Medical doctors have an important responsibility for patients under their care. They are entrusted to have the health of their patients as their foremost priority. Unfortunately, some doctors do not take their duties seriously because of inexperience, lack of sleep, desire for personal gain, or negligence. When a patient is injured due to the negligent actions or negligent behavior of a healthcare professional, he or she may file a medical malpractice claim in order to seek compensation for their injuries. The claim may be brought against all members of the healthcare industry, including doctors, surgeons, and nurses, if the provider acted negligently and the patient sustained injuries or losses as a result our medical malpractice attorneys in Florida have handled countless cases of medical malpractice lawsuits in Florida and have the experience needed to prove all types of medical malpractice claims, including those involving surgical errors and misdiagnoses of serious medical conditions.
Have you or a loved one been injured due to the negligent actions of a healthcare professional in Florida? If so, our Miami medical malpractice attorneys may be able to help you recover compensation for your pain and suffering. There is a time limit in Florida in which to file a medical malpractice lawsuit, so it is important that you contact us as soon as possible. If you are ready to pursue a claim, please fill out our free, no-risk case evaluation from today.
What is Medical Malpractice?
Medical malpractice is defined as any act or omission by a physician during treatment of a patient that deviates from accepted norms of practice in the medical community and causes an injury to the patient, according to the National Center for Biotechnology Information. For example, if a doctor misreads an x-ray image and fails to correctly diagnose his or her patient’s medical condition, the patient may be considered a victim of medical malpractice.
In Florida, the law requires that doctors and other healthcare providers inform a patient of the possible risks associated with a recommended medical procedure. If a doctor fails to inform his or her patient of the potential side effects of a procedure, and the patient suffers from those side effects, the patient may be able to file a medical malpractice lawsuit.
Types of Medical Malpractice
Our Miami medical malpractice attorneys represent clients in various types of medical malpractice lawsuits, such as:
• Birth injuries
• Emergency room errors
• Failure to obtain informed consent
• OB/GYN negligence
• Radiation injuries
• Pharmacy malpractice, including medication errors
• Misread x-rays and ultrasounds
• Plastic surgery malpractice
• Failure to listen to the patient
• Psychiatric malpractice
• Surgical errors, including anesthesia errors and postoperative negligence
• Spinal cord injuries
• Defective medical devices
• Performing unnecessary surgery or medical procedures
• Chiropractic negligence
• Dental malpractice
The Medical Malpractice Lawsuit Process
Investigate Your Case: A Miami medical malpractice attorney will review the facts of your case, determine the extent of your injuries, interview witnesses, and work with medical experts to prove that you were, in fact, a victim of medical malpractice.
File a Lawsuit: After the investigation is complete, your medical malpractice attorney may draft a complaint with the court. The person or hospital that is being sued will respond to the allegations contained in your lawsuit. After the response has been filed, your case will go into the discovery phase, where the doctor or healthcare professional may be required to testify at a deposition. The medical professional will answer questions under oath regarding the medical services that were provided to you.
Review Settlement Offers: Many medical malpractice lawsuits settle before going to trial. If you receive any settlement offers, your attorney will help you determine if it provides adequate compensation for your injuries. If not, your attorney may negotiate on your behalf for a larger settlement offer. As part of the negotiation process, your attorney may present evidence and expert reports regarding the full extent of your injuries.
Litigate Your Lawsuit: If the negotiations do not produce an adequate settlement offer, your attorney will prepare your case for trial. The medical malpractice lawyers at our firm are experienced trial lawyers who have developed a successful track record in the courtroom.
What Can I Recover in a Medical Malpractice Lawsuit?
Through a medical malpractice lawsuit, you may be able to recover compensation for the following types of damages:
Economic and Non Economic Damages. Call for a free case evaluation to see what your case is worth.
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Wrongful Death
Miami Florida Wrongful Death Lawyer
Losing a loved one is always devastating, but when your family member passes away due to the negligence or reckless conduct of someone else, it is especially tragic. If your loved one died as the result of another party’s bad actions, our firm’s Miami Florida wrongful death lawyers can help. Call Miami Florida today to learn more and discuss the first steps you should take.
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Miami Florida Wrongful Death Lawyer
Losing a loved one is always devastating, but when your family member passes away due to the negligence or reckless conduct of someone else, it is especially tragic. If your loved one died as the result of another party’s bad actions, our firm’s Miami Florida wrongful death lawyers can help. Call the Cordero Law Firm today to learn more and discuss the first steps you should take.
What Is a Wrongful Death Claim?
Wrongful death is defined under Florida law as a death caused by a wrongful act that, had the victim lived, he or she would have had a personal injury claim against the responsible party.
The purpose of a wrongful death action is not to simply seek compensation for the loss of your loved one’s life. No amount of monetary damages can make up for the loss you have suffered.
A wrongful death action can, however, hold the responsible party accountable, deter similar harmful conduct in the future, and obtain necessary funds to pay medical bills, funeral expenses, and help make up for lost wages and benefits provided by your deceased loved one.
Seeking justice for your loved one can help ease your grief during such a difficult time. One of our experienced wrongful death attorneys in Miami Florida can examine the facts of your case and walk you through the process of deciding whether filing a wrongful death claim is the right course of action for your family. We have provided some answers to frequently asked questions about wrongful death.
Common Types of Wrongful Death Cases
Wrongful death claims can stem from almost any situation in which a person is killed due, at least in part, to someone else’s negligent or dangerous behavior. Companies, hospitals, employers and individual persons may all be held responsible for causing a person’s death.
Some of the most common types of wrongful death claims we handle include but are not limited to:
- Medical malpractice
- Vehicular manslaughter
- Drunk driver cases
- Reckless or aggressive driving
- Bicycle and pedestrian accidents
- Prescription mistakes
- Negligent caregivers
- Child abuse and neglect
- Workplace accidents
- Slip and fall incidents
- Construction site accidents
- Sports and recreation fatalities
- Travel industry accidents
- Assault and battery deaths
- Homicide
- Domestic violence
- Drowning deaths
How Can a Miami Florida Wrongful Death Attorney Help?
Wrongful death cases can be quite complex, since they can involve criminal investigations, professional misconduct, government regulation violations, a history of negligent conduct and potentially numerous other victims.
To know when to file your case, you will likely need to consult a Miami Florida wrongful death lawyer who has experience reviewing medical records, working with police investigators, interviewing and deposing witnesses, and dealing with both individual and class-action claims.
While no legal measures can bring back your loved one, our compassionate wrongful death attorneys can fight to get justice on his or her behalf. Consulting a personal injury attorney who handles wrongful death claims is the first step you can take toward holding the negligent party accountable.
When Can I File a Wrongful Death Lawsuit?
If you have recently endured the loss of a loved one, you may have questions about what subsequent action you can take, including “Do I have grounds to pursue a wrongful death lawsuit?” or “How can I determine whether or not someone else was liable for my family member’s death?” For this reason, the Cordero Law Firm would like to take the time to explain the state’s related statutes and help you to understand what rights you may possess.
Grounds for Filing a Wrongful Death Action
According Florida Law, the family of the deceased may have grounds to pursue a lawsuit in the event that “the death of a person is caused by a wrongful act, neglect or default of another.” This means that a wide variety of circumstances may qualify for civil action. What you must understand, however, is that you must be able to show that someone else’s careless actions have directly contributed to the death.
This should not be mistaken to mean that the responsible party has willfully or intentionally caused the death of a loved one—as this matter would be taken up in criminal proceedings—but rather that the death was an accidental byproduct of their actions.
Demonstrating Damages
In proving this, the family would have the opportunity to recover compensation for losses that they have suffered, including both economic and non-economic damages. If, for example, the deceased had one or more dependents relying on their income, these parties may ask to be compensated for the future loss of income that they have sustained.
Similarly, they could pursue damages for funeral and burial expenses. As far as non-economic losses are concerned, a family may request compensation for things like emotional pain and suffering, loss of companionship, loss of society, etc.
Review the Facts of Your Case Carefully
Each case is different, however, and should be handled as such. There is no way to definitely determine whether or not you have a valid reason to pursue a personal injury lawsuit until you review the circumstances of your case with an experienced legal professional. In doing so, a lawyer can investigate the cause of your loved one’s death and figure out the appropriate legal action to move forward with.
For this reason, we urge you to consult with the legal team at our firm as soon as possible. We are available to look over your case and answer any questions that you may have about pursuing a wrongful death lawsuit at no cost to you, so do not hesitate to contact our firm today. We will take your call 24 hours a day, seven days a week, so contact us today for your free initial consultation.
Wrongful Death Frequently Asked Questions
What is a Wrongful Death Claim?
A wrongful death lawsuit alleges that the deceased was killed as a result of the negligence (or other liability) on the part of the defendant’s, and that the surviving dependents or beneficiaries children or family members) are entitled to monetary damages as a result of the defendant’s conduct.
What Are The Elements of a Wrongful Death Claim?
Generally the death must have been caused, in whole or in part, by the conduct of the defendant. The defendant must be proven to be negligent for the victim’s death. Also, a surviving spouse, children, beneficiaries or dependents are the only ones who can make a wrongful death claim.
Who Should Start the Investigation of a Potential Wrongful Death Claim?
Any person who believes he or she may be a survivor or beneficiary entitled to compensation because of a wrongful death has the right to consider starting the investigation of a potential claim.
What Kinds of Damages Are Recoverable in a Wrongful Death Claim?
The following damages may be recovered in a wrongful death action:
- Immediate expenses associated with the death (medical and funeral)
- Loss of victim’s anticipated earnings in the future until time of retirement or death (pension, medical coverage, etc.)
- Loss of care, protection, companionship to the survivors
- Pain and suffering of the deceased before death
- Punitive damages, if appropriate
When are Punitive Damages Available?
Punitive damages are awarded not to compensate the plaintiff, but to punish the defendant. As a result, punitive damages cannot be recovered unless it
· Wrongful Death Frequently Asked Questions
What is a Wrongful Death Claim?
A wrongful death lawsuit alleges that the deceased was killed as a result of the negligence (or other liability) on the part of the defendant’s, and that the surviving dependents or beneficiaries children or family members) are entitled to monetary damages as a result of the defendant’s conduct.
What Are The Elements of a Wrongful Death Claim?
Generally the death must have been caused, in whole or in part, by the conduct of the defendant. The defendant must be proven to be negligent for the victim’s death. Also, a surviving spouse, children, beneficiaries or dependents are the only ones who can make a wrongful death claim.
Who Should Start the Investigation of a Potential Wrongful Death Claim?
Any person who believes he or she may be a survivor or beneficiary entitled to compensation because of a wrongful death has the right to consider starting the investigation of a potential claim.
What Kinds of Damages Are Recoverable in a Wrongful Death Claim?
The following damages may be recovered in a wrongful death action:
- Immediate expenses associated with the death (medical and funeral)
- Loss of victim’s anticipated earnings in the future until time of retirement or death (pension, medical coverage, etc.)
- Loss of care, protection, companionship to the survivors
- Pain and suffering of the deceased before death
- Punitive damages, if appropriate
When are Punitive Damages Available?
Punitive damages are awarded not to compensate the plaintiff, but to punish the defendant. As a result, punitive damages cannot be recovered unless it is proved that the defendant’s conduct, which caused the victim’s death, was intentional or malicious.
How Are Future Damages Calculated, and What is “Present Value”?
Many states have adopted life expectancy tables for use in calculating future losses. It is common to take the victim’s earnings at the time of their death and calculate the remaining years until retirement or expected death to figure future loss of earnings. Life expectancy table are also used to calculate loss of benefits, such as the amount of pension benefits, which would have been available, had the victim lived.
At the Cordero Law Firm, we are proud to service residents all throughout Florida with their wrongful death claims from our offices located in Miami Florida and other cities across the state. For more information about filing a wrongful death claim, please contact a Miami Florida wrongful death attorney from our firm today.
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