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.

Advertisements

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

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.

Wrongful death – the hardest way to lose a loved one

Life in Florida can have many ups and downs for all of us who live here. But there are few things that are more cruel than losing a person you love due to negligence, malfeasance or some other accident at the fault of someone else.
If a loved one has died in a situation that was caused due to the negligence of another, we can help you file a wrongful death claim against the responsible parties.

Wrongful Death

When someone close to you passes away it is an extremely difficult and emotional time. During these times you need to be around people who care. Not only do the attorneys at Slinkman, Slinkman & Wynne care, they will assist you in pursuing your wrongful death claim vigorously and ensure that you receive the justice you deserve.

When you lose a loved one as a result of someone else’s negligence, contact Slinkman, Slinkman & Wynne. We are dedicated to your case from the beginning to the end and dedicated to helping you through this difficult time.

If a person you care about dies wrongfully due to the negligence of someone else, or you simply have a question about a potential personal injury situation that you have not yet had answered, please 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 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 cases, 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.

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.

Medical Malpractice – what happens when a healthcare professional acts negligently?

Medical Malpractice picture

Being a medical practitioner is not an easy job.  Most people do not realize how fragile their bodies really are – and making them healthy and strong after an injury or sickness rarely happens overnight. Although most doctors and nurses do great work every single day, once in a while they make mistakes just like the rest of us.

Sometimes those mistakes are unavoidable… while other times, unfortunately, they are not.  If you or a loved one have been injured by the carelessness of a doctor, hospital, nurse, or other health care provider, the attorneys at Slinkman, Slinkman & Wynne can help you pursue a case against the negligent party.

Medical Malpractice

When a healthcare professional acts negligently, causing injury or death to a patient, that patient or their loved ones may be entitled to collect damages. The attorneys at Slinkman, Slinkman & Wynne are experienced professionals in seeking due compensation for such occurrences.

Medical malpractice is a form of negligence that happens when an injury or wrongful death occurs due to the failure of a medical professional or medical facility (doctor, nurse, medical technician, psychiatrist, psychologist, hospital, healthcare facility, etc.) to exercise the appropriate care, skill or diligence necessary to properly care for the medical condition. All medical providers, including doctors and nurses, have a duty to use the appropriate care and diligence to diagnose your illness and provide the proper treatment for such illness.

An important factor to note in the determination of whether a duty of care is met depends upon the standard of care for that professional or facility in their community. Simply put, the applicable duty arises from the accepted practices of other professionals or facilities in the same field and geographical area. In the case of a doctor who is a medical specialist, the standard of care is determined by the standard of good medical practice in that specialty within the community. At Slinkman, Slinkman & Wynne, P.A. we will help you to determine “duty of care” and many other important factors in your particular situation to see if you have a legitimate case.

Some of the types of medical malpractice that our attorneys pursue cases in are:

  • Surgical errors
  • Failure to properly diagnose
  • Birth injuries
  • Emergency room errors
  • Negligence in carrying out the surgery or treatment
  • Nursing home neglect and abuse
  • Brain injury
  • Hypoxia brain injuries
  • Hospital or home treatment negligence
  • Retained sponges or other retained instruments
  • Prescription errors

As with all type of cases, you only have a limited amount of time in which to pursue a medical malpractice case. Take control of the situation and get the compensation you deserve for your injuries. Enlist the help of our attorneys that work on your behalf to pursue your case and obtain the recover that you deserve. If you or a loved one were injured as a result of medical malpractice or you simply have a question that has not yet been answered, please call Slinkman, Slinkman & Wynne.

At Slinkman, Slinkman, & Wynne, P.A., we understand that Medical Malpractice can occur even with the best doctors or nurses. We help clients obtain payment for medical bills, lost wages, and pain and suffering due to Medical Malpractice. If you want to learn more about how to go about hiring the right attorneys for you in a situation where you or your loved one has been injured or killed in a case of Medical Malpractice, then go to http://sswlawfl.com/areas-of-practice/medical-malpractice/. We also specialize in Accident & Serious Injury, Wrongful Death, Defective Products and many other types of legal situations where injury or death has occurred.

Whether you are in Jupiter, Palm Beach Gardens, Stuart, West Palm Beach or any other location throughout the state of Florida, you need to find and hire a law firm that has the level of knowledge and experience that will yield you maximum results, while also working with you throughout your particular situation until it is resolved. With over four decades of experience, that firm is Slinkman, Slinkman, & Wynne.

Contact us today for a FREE initial consultation. 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. Check out our website at http://www.sswlawfl.com.

Welcome to the Slinkman, Slinkman & Wynne P.A. blog

Welcome to the blog of Slinkman, Slinkman & Wynne, P.A. We are a personal injury law firm located in Jupiter, Florida that has worked with clients throughout the state over our 40-plus years in business. In future blog posts you will find interesting, educational information regarding many facets of the law here in Florida. Usually the information will relate to our area of expertise – personal injury. At other points in time we will share information that relates to different areas of the law, or other points of interest to our followers.

If you are in need of a personal injury attorney and live anywhere in the state of Florida, check out our website or give us a call. We limit our practice to serious injury and wrongful death arising out of severe accidents, defective products and medical malpractice so that we are able to give each and every client the most knowledgeable experience possible. We are committed to holding negligent parties accountable for harm they cause. If you or a loved one has been harmed by someone committing a negligent act, we look forward to meeting you and fulfilling the legal needs of you and your family.

Another advantage to using Slinkman, Slinkman & Wynne is that we are well-known throughout Florida for the success we have had with the cases we have handled, yet small enough to give your case the personal attention it deserves. You will not be dealing with a big firm where your case is pushed off onto a paralegal. We will be intimately involved every step of the way.

With us you can come in and discuss your situation. Take advantage of this resource – we will work with you to figure out your best plan of action. Our initial consultations are free, and you have no obligation to do business with us. At Slinkman, Slinkman & Wynne we care about you. We fight for your rights while also protecting your interests and that’s something you can’t put a price on.

For more information visit http://www.sswlawfl.com, or call us at (561) 686-3400.