Slinkman, Slinkman & Wynne, P.A. definitions: implications of the legal definition of a “Wrongful death”

wrongful-death

Most people have a general idea of what the term “wrongful death” means. In layman’s terms, for someone to die a wrongful death a person’s death is unnaturally caused by another person’s negligence or during the act of another crime.

The following excerpt comes right from law.com:

Wrongful Death –

“the death of a human being as the result of a wrongful act of another person. Such wrongful acts include: negligence (like careless driving), an intentional attack such as assault and/or battery, a death in the course of another crime, vehicular manslaughter, manslaughter or murder. Wrongful death is the basis for a lawsuit (wrongful death action) against the party or parties who caused the death filed on behalf of the members of the family who have lost the company and support of the deceased. Thus, a child might be entitled to compensation for the personal loss of a father as well as the amount of financial support the child would have received from the now-dead parent while a minor, a wife would recover damages for loss of her husband’s love and companionship and a lifetime of expected support, while a parent would be limited to damages for loss of companionship but not support. A lawsuit for wrongful death may be filed by the executor or administrator of the estate of the deceased or by the individual beneficiaries (family members).”

To read the entire definition go to: http://dictionary.law.com/Default.aspx?selected=2268

The definition is straight-forward and relatively easy to understand. There are important explanations described in this definition, however that have direct implications for those who are left behind in the wake of a wrongful death.

  1. A child may be entitled to compensation for both the personal loss of a parent AND for the financial support he or she would have received while a minor (usually the age of 18, but can be deemed longer).
  2. A wife may be entitled to additional compensation for the loss of her husband’s love, companionship AND expected financial support.
  3. A parent is limited to damages for loss of companionship, but NOT for any financial support (accept in special cases where the child has already been established as the financial provider for the parents – and even this type of case has contingencies).
  4. A lawsuit for wrongful death maybe filed by a variety of entities involved:
    1. The individual beneficiaries
    2. The executor of the deceased’s estate
    3. The administrator of the deceased’s estate

If you have lost a loved one that was caused due to the negligence of another, we understand that it can be complicated trying to figure out your legal rights. Slinkman, Slinkman & Wynne, P.A. can help. We can help you file a wrongful death claim against the responsible parties. And we work with you until your case is resolved.

At Slinkman, Slinkman, & Wynne, we understand that a Wrongful Death can occur without warning. Whatever happened, we also know that it is tragic for all of the loved ones left behind. We help our clients obtain payment to cover funeral expenses, pain and suffering, and more, if the situation warrants it. If you want to learn more about how to go about hiring the right attorneys for you in a situation where someone you love has wrongfully died, then go to http://sswlawfl.com/areas-of-practice/wrongful-death/. We also specialize in Accident & Serious Injury, Medical Malpractice, Defective Products and many other types of legal situations where injury or death has occurred.

Whether you are in West Palm Beach, Jupiter, Stuart, Palm Beach Gardens or any other place in Florida, you need to find and hire a law firm that has the level of knowledge and experience that will get you the financial results you deserve, while also working with you throughout your case until some type of resolution has been reached. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne, where we have been devoted to protecting South Florida families for over 40 years.

Our main office is located in south Florida in Jupiter at 1015 W. Indiantown Road, Suite 101A. You can contact us directly at (561) 686-3400, or via email at info@sswlawfl.com.

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Should you bring a lawsuit against the creators of “Pokemon GO” if you get hurt playing? You probably will lose – here’s why

Terms of Service Conditions Rule Policy Regulation Concept
Terms of Service Conditions Rule Policy Regulation Concept

There seems to be a new story almost daily of someone getting in a car accident or injured in some way while playing the new game Pokemon GO on their phone. The game causes people to get distracted, resulting in falls, car accidents (yes, people are playing while driving) and even muggings. But what if you are hurt while playing Pokemon GO? Can you sue the creator of the app and get a financial settlement for helping to cause your injuries?

The answer is: most likely No. Why? The answer lies within the terms of agreement that you agreed to right before you start the process of actually downloading the game app to your cellphone. Included in that rather lengthy document are terms that specifically protects the app’s creator from you suing them.

Here are the sections of the Pokemon GO “Terms of Service” that relate specifically to what you are agreeing to that limit the company’s liability in case you are injured playing the app.

  1. Safe Play
    1. You play the game at your own risk. If you get hurt or hurt someone while playing, the company is not liable. An dispute you have with any other player does not involve the company, either.
  2. Conduct, General Prohibitions and Niantic’s Enforcement Rights
    1. A lengthy section that describes in detail the many things you can do to break the service terms and be banned by the company.
  3. Links to Third Party Websites or Resources
    1. You assume responsibility and risk from using any third party websites or resources while playing the game.
  4. Termination
    1. Niantic can terminate your access to the service at any time, without notice or warning to you.
  5. Disclaimer of Warranties
    1. There is no warranty of any kind.
  6. Indemnity
    1. You hold Niantic and everyone else connected to the game harmless for anything that may happen to you while playing the game.
  7. Limitation of Liability
    1. It is not Niantic’s fault if you lose data or money as a result of playing. At most, the company limits liability up to but not exceeding $1,000.
  8. Dispute Resolution
    1. If you have issue with any of these terms you agree to an independent arbitrator to settle any dispute. You agree not to join in a class action lawsuit and you also agree to go to waive your right to have a trial by jury.

According to consumerist.com, you can opt out of the “Terms of Service” agreement by sending a message directly to Niantic within 30 days of downloading the game. Instructions on how to do so are contained within the following article: https://consumerist.com/2016/07/14/pokemon-go-strips-users-of-their-legal-rights-heres-how-to-opt-out/

But be aware of the fact that Niantic can (and probably will) terminate you from playing the game. This is a fascinating topic that brings up an important facet of the law here in Florida, and the United States. Understanding what rights you could be signing away when you agree to a “Terms of Service” contract.

If you are injured due to the negligence of another person in Florida, you may have a right to bring a claim for various damages and injuries incurred. Call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400. Our main office is located in Jupiter, Florida. We have been devoted to protecting South Florida families for over 40 years.

If you want to learn more about how we can help you in a situation where someone you love has been in an accident or some other mishap caused by someone playing Pokemon GO or distracted in some other way while driving, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/wrongful-death/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred.

Slinkman, Slinkman & Wynne supports OneOrlando Shop & Share, happening this weekend at The Gardens Mall

OneOrlando The Gardens Mall Shop and Share

Supporting our local communities in Jupiter, Palm Beach Gardens and throughout Palm Beach County and the Treasure Coast in a variety of ways is an important aspect of what we do here at Slinkman, Slinkman & Wynne, P.A. In fact we have been devoted to protecting South Florida families for over 40 years.

With that in mind we are sharing the announcement of this weekend’s fundraiser to help all those affected by the Pulse nightclub tragedy in Orlando. The two-day event, happening at The Gardens Mall, is being called OneOrlando Shop & Share.

According to their press release The Gardens Mall will donate “5% of the logged receipts (customers must present their receipts to the Information Desk for validation) from both days to the OneOrlando Fund, a nonprofit relief initiative established by the City of Orlando to help those affected by the Pulse nightclub tragedy. The Forbes Company, owner of The Gardens Mall, will match the mall’s 5% contribution, for a total estimated charitable donation of a $10,000, as well as donate $1 for every gift card purchased on June 25 and 26.”

To read the entire press release and get all the information about the event and every one who is participating please go to: http://www.thegardensmall.com/events/oneorlando-shop–share

If you can, we urge you to get out to The Gardens Mall and show your support for this worthy two-day event to help those affected.

 

How to spot a drunk driver in Jupiter and Palm Beach Gardens

Summer is here which also means the summer driving season is here. Many families pack up their belongings and the children and head to points all over the United States to visit friends and relatives. Of course there are also 3 major holidays that happen during this time, as well. Memorial Day has come and gone, while Independence Day is only a few weeks away with Labor Day to follow at the beginning of September.

Statistics tell us that the incidence of drunk driving rises significantly on and around these holidays. In fact, July 4th and Labor Day turn out to be two of the three or four days with the most drunk driving deaths in America every year, according to yearly surveys by the National Highway Traffic Safety Administration (NHTSA).

With that in mind here are ways for you to spot a drunk driver out on the road during this time, and any time. Spotting a drunk driver in enough time to get away may just save your life, and the life of your family.

From MADD: “While we work hard to turn cars into the cure and eliminate drunk driving forever, families must continue to be vigilant on our roadways.  You can help protect your family from drunk drivers by looking for these signs of intoxication among other motorists.” This full list is shared directly from the Mothers Against Drunk Driving (MADD) website:

  1. Quick acceleration or deceleration
  2. Tailgating
  3. Weaving or zig-zagging across the road
  4. Driving anywhere other than on a road designated for vehicles
  5. Almost striking an object, curb, or vehicle
  6. Stopping without cause or erratic braking
  7. Drifting in and out of traffic lanes
  8. Signaling that is inconsistent with driving actions
  9. Slow response to traffic signals (e.g. sudden stop or delayed start)
  10. Straddling the center lane marker
  11. Driving with headlights off at night
  12. Swerving
  13. Driving slower than 10 mph below the speed limit
  14. Turning abruptly or illegally
  15. Driving into opposing traffic on the wrong side of the road

To read more, please go to: http://www.madd.org/drunk-driving/how-you-can-help/how-to-spot-a-drunk-driver.html?referrer=https://www.google.com.ph/

Unfortunately, there can be occasion where no matter what you do you can not avoid getting into an accident with a drunk driver, or another automobile driver. If you or someone you know is injured or dies as a result of an auto accident caused by a drunk driver, or someone else’s negligence, contact us at Slinkman, Slinkman & Wynne, P.A. immediately. We offer a free initial consultation, and we will try to help you through this very difficult and emotional time. Our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that automobile accidents involving drunk drivers happen, particular over the holidays. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where you or someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Boating Accidents, Motorcycle Accidents, Defective Products, and many other types of legal situations where injury or death has occurred. We have worked to protect families in Jupiter, Palm Beach Gardens, Stuart, West Palm Beach, and throughout south Florida for over 40 years, and we look forward to helping you!

Tips for safe boating during the summer season in Florida

Family in Life jackets on a boat on a lake

Memorial Day weekend has come and gone, and schools are on summer vacation. The summer boating season has begun. Now is a great time to remind all of you out there who plan on boating this summer here in Jupiter, Palm Beach Gardens and throughout south Florida of some important boating safety tips to help keep you, your family and friends healthy and happy out on the open water this year.

Here is a list of 8 boating safety tips that you, your family should follow each and every time you go out on a boat here in south Florida at this time of year:

  1. Do not drink if you are driving or planning to drive the boat. First of all, it is just as illegal to drink and drive a boat as it is an automobile or motorcycle. Furthermore, drinking dulls your senses, greatly increases your response time if something happens. And boats do not maneuver as fast as cars to begin with. Leave the drinking for later.
  2. Check the weather before you go – have an idea what is supposed to happen throughout the time you are out on the ocean. People who have lived here a while already know this, but the summer season on the east coast of Florida sees many afternoon rain storms that also go out over the Atlantic Ocean. If you are unaware or not paying attention, you can be caught in a dangerous rain squall in a relatively short amount of time.
  3. Make a “float plan” and share it with someone. Let at least one other person (several, optimally) know of your travel plans for that day. Include your name, address, phone number, make and model of the boat, departure and arrival time and any stops you are planning along the way.

** There are mobile phone apps available for just this purpose. Here is a list of a few of them from Discover Boating.com:

http://www.discoverboating.com/appsandtools.aspx?c=681

  1. Check the boat for sea-worthiness before putting it in the water. The middle of the ocean is no place to figure out that your boat has a problem that you could have detected before leaving.
  2. Make sure you have all the proper safety equipment onboard. In addition to having and wearing life jackets, make sure to carry at least the minimum required equipment by the U.S. Coast Guard. Here is a list, depending upon the length of your boat: http://www.boatus.org/guide/equipment_6.html
  3. Once onboard, wear a properly fitting life jacket; make sure to outfit any children with life jackets as well. The United States Coast Guard recently released estimates stating that over 80% of the people who died in boating accidents could have been saved if they had been wearing a life jacket.
  4. Ensure the safety of every child on board your boat:
    1. Make sure they have a life vest made for their size
    2. Teach them not to run around the boat; to stay seated while the boat is moving, and to keep their hands and feet inside the boat at all times
    3. If they are your children and you plan on having them out on the water with any consistency, have them enrolled in swimming and boater safety classes.
  5.  Watch for swimmers and other smaller water craft. You are in control of a vehicle that can turn into a deadly weapon very easily. You can neither slow down, reverse or maneuver anywhere near as quickly as you can when manning most other types of vehicles, particularly in the canals and Intracoastal Waterway areas. Therefore, you need to anticipate what moves anyone else within your vicinity might make at least 8 to 10 seconds in advance, if possible.

Our Board Certified lawyers from Slinkman, Slinkman, & Wynne, P.A. are the right lawyers to get you the best legal advice based upon your unique set of circumstances when you have been involved in a boating accident or any type of incident out on the water.  We have more than 40 years of experience specializing in protecting families here in Jupiter, Palm Beach Gardens, West Palm Beach, Stuart and throughout Florida. We make sure to ask the right questions of all companies and interested parties in your case. We represent clients anywhere in the state of Florida.

If you or someone you know is involved in a boating accident or any other marine legal issue, contact us at Slinkman, Slinkman & Wynne. We offer a free initial consultation, and we will try to help you through this very difficult and emotional time. Our phone number is (561) 686-3400. Or go to our website at http://www.sswlawfl.com.

Accidents can and do happen. We help our clients and their children obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it. We also specialize in Slip and Fall accidents, Automobile accidents, motorcycle accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, and many other types of legal situations where injury or death has occurred.

The following additional articles were referenced in the compilation of this blog:

https://blog.boatsetter.com/boating-safety-tips/

http://www.coit.com/blog/boating-safety-tips

Car seat laws improved but need to go further in Florida to protect more of our children

Beautiful happy girl with teddy bear sleeping in the car

Schools across the state of Florida are letting out for summer break this coming week. That means that the summer driving season is upon us, where families will be driving around the state of Florida and to much more far-flung places around the country to visit relatives, friends and the multitude of tourist attractions that this great country of ours has to offer. Now is the perfect time to remind all of you who will be traveling this summer Florida’s most up-to-date car seat and restraint laws for children.

 

The most recent changes went into effect about a year and a half ago, on January 1st, 2015. Here is a quick refresher of the series of requirements, as stated in the 2015 Florida Statutes:

  • Children through the age of 3 must be secured in a federally-approved car restraint seat.
  • Children through the ages of 4 and 5 must be secured in a car seat or booster seat. Which one depends upon their size.

http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0300-0399/0316/Sections/0316.613.html

 

These additions to the state law increased requirements up through the age of 5. Before the beginning of last year, car seat requirements for children in the state of Florida only covered up through the age of 3. Although this is certainly an improvement, a number of child safety advocates continue to lobby for Florida state politicians to bring our laws in line with other states or to the standards recommended by the American Academy of Pediatrics’ that children by restrained in a booster seat until they are at least 4 feet, 9 inches (57 inches) tall.

 

St. Joseph’s Children’s Hospital child advocacy supervisor Bevin Maynard was quoted as saying by the Tampa Bay Times that the magic number “is not weight or age. It is height.”

 

She has had quite a bit of experience working with children and their families when a child has been seriously injured in an automobile accident. She knows that statistics from the National Highway Traffic Safety Administration state that the leading cause of death for children between the ages of 5 and 14 in the United States is improper restraint when in a traffic accident.

 

Some information for this blog post including the quote from Bevin Maynard was shared from the following article:  http://www.tbo.com/news/politics/new-florida-car-seat-law-takes-effect-jan-1-20141221/

 

If your child or the child of someone you know is injured in an auto accident you probably need a lot of comfort, in addition to expert legal advice on what to do. Call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and we will try to help you through this very difficult and emotional time. Our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that car accidents unfortunately happen all the time. We help our clients and their children obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an auto accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/auto-accident/. We also specialize in Slip and Fall accidents, Wrongful Death & Serious Injury, Medical Malpractice, Defective Products, Premises Liability, Boating Accidents, Motorcycle Accidents and many other types of legal situations where injury or death has occurred.

Our main office is in Jupiter, Florida at 1015 W. Indiantown Road, Suite 101A. We have litigated cases in Palm Beach County and throughout the state of Florida.

 

Steps you need to take if you are involved in a Slip & Fall accident

Wet Floor Warning

 

“Slip & Fall” accidents happen every day, particularly afflicting the elderly and others who have a hard time moving around. But it can happen to you, as well. Do you know what to do if you are a loved one gets hurt in a Slip & fall accident?

If you are involved in a slip/trip & fall accident, you should:

  • Avoid making any detailed statements concerning fault. Saying the wrong thing, or just saying too much can and will be used against you in court.
  • Make sure to get names of owners and managers of the property
  • Write down the names of witnesses; try to get their phone numbers as well.
  • If you are not incapacitated by your injuries, take good pictures of the scene and of your injuries.
  • Save the footwear and clothing you were wearing at the time of the accident.
  • Seek medical attention if injured immediately. If not immediately, then at least within 14 days, as required by current Florida Statute. Otherwise, you will not be able to seek full compensation for future medical bills, and it may cost you other compensation as well.

And

  • Do not give recorded statements to any insurance adjusters. Period. Even your own.

The liability of a premises owner or operator depends on the state and federal laws that apply to the circumstances. For example, an owner of a home or public store has a duty to warn you about any known hazards that you might encounter. Construction workers are legally obligated to warn and protect the public from hazard at their work sites. Depending on individual circumstances, all may still be liable for injuries you receive while on their premises, even if they warned you of potential injury.

To read more on what you should do if you are involved in a Slip and fall, go to: http://accident-law.freeadvice.com/accident-law/slips_falls/fall_what_to_do.htm

If you or a person you care about gets injured in a “Slip and fall” accident or you simply have a question about a potential personal injury situation, call us at Slinkman, Slinkman & Wynne, P.A. We offer a free initial consultation, and our phone number is (561) 686-3400.

At Slinkman, Slinkman, & Wynne, we know that Slip and fall accidents happen all the time. In fact, there are around 1 million Slip and fall accidents per year. If you are in an accident because of the negligence of a business, property or home owner, then you need to contact us right away. We help our clients obtain payment to cover hospital and other medical expenses, pain and suffering, and more, if the situation warrants it.

If you want to learn more about how we can help you in a situation where someone you love has been in an Slip and fall accident, then go to this page on our website: http://www.sswlawfl.com/areas-of-practice/slip-fall-accident/. We also specialize in Wrongful Death & Serious Injury, Medical Malpractice, Auto Accidents, Defective Products, and many other types of legal situations where injury or death has occurred in Jupiter and anywhere else in the state of Florida.