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Fort Lauderdale Motorcycle Crash LawyerFor motorcyclists, a motorcycle is much more than a mode of transportation. It is a source of enjoyment, freedom, and independence. Unfortunately, motorcyclists are at a much greater risk of death in motor vehicle accidents than individuals in passenger vehicles. Sometimes, it is the very activity motorcyclists love the most that kills them.

If your spouse, sibling, parent, child, or other relative died in a motorcycle wreck, you may be grief-stricken and shocked. You may want to take legal action against the responsible party but are unsure of where to start. In this blog, we will discuss the basics of filing a wrongful death claim in Florida as well as the financial and non-financial benefits associated with this type of legal action.

What is a Wrongful Death?

A wrongful death is a death that is caused by another party's wrongful, careless, or negligent actions. In motorcycle accident cases, the other party is often a negligent driver. Distracted driving, intoxicated driving, speeding, failure to yield, and inattention can all lead to a deadly motorcycle crash.

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Fort Lauderdale Personal Injury LawyerDistracted driving comes in countless forms. Often, it involves the use of a smartphone or other electronic device behind the wheel. However, distractions may also come in the form of passengers in the vehicle, eating or drinking, or even daydreaming.

No matter the type of distraction that contributed to a crash, victims of distracted driving accidents should understand their rights and options for filing a claim for damages. It may be possible to recover compensation from the at-fault driver’s insurance company for vehicle repairs, medical bills resulting from crash-related injuries, and other losses.

Holding a Distracted Driver Accountable

Looking down at a phone while driving is extremely dangerous. It takes the driver's mind off of driving, eyes off of the road, and hands off of the wheel. Florida law prohibits drivers from typing on their phones while operating a motor vehicle. However, texting and driving laws are difficult to enforce, and data shows that citations for texting and driving are issued infrequently.

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fort lauderdale truck accident lawyerFederal law requires all trucks transporting consumer goods, supplies, garbage, packages, dirt, and hazardous material, to ensure that cargo is safely secured. Unfortunately, those responsible for transporting goods are sometimes in a rush or are not sufficiently cautious. This leads to incidents of unsecured cargo falling from trucks and landing on the road, endangering drivers who may be hit by the cargo or who may have to suddenly swerve to avoid it. 

Catastrophic injuries happen, and lives are lost every year because of falling cargo on the road. If you were injured or lost a loved one in an accident like this, it is important to explore your legal options. Truck accident victims may be entitled to financial compensation for their vehicle damage, past and future medical expenses resulting from the collision, lost earnings from missed work, and more.

Who is Responsible for Fallen Objects in the Road? 

The truck owner, truck driver, trucking company, or the party that loaded truck cargo may be held responsible for crashes caused by improper loading and securement of cargo. The exact person or organization responsible in a particular case will depend on the details of the case, and an investigation may be necessary to determine who is liable. This is why taking legal action as quickly as possible is so important. As time goes on, it can be more difficult to determine liability because evidence can be lost and witnesses’ memories can be imperfect. 

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Insurance Claim Appeal Success Rates

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What to Do If Your Insurance Claim is Denied in Florida

Having an insurance claim denied can be a frustrating and upsetting experience. Under most circumstances, however, you have the right to an appeal. It is important to review your insurance policy to determine the appeals process and any legal deadlines that you must meet.

At The Law Offices of John D. Ameen, P.A., we represent individuals in insurance claims including wrongful denials. Our lawyers are well-versed in holding insurance companies accountable when they deny a claim in bad faith. If your insurance claim was denied, contact our office at 800-555-4011 to schedule a free consultation.

Why Are Insurance Claims Denied?

Insurance claims can be denied for a number of reasons. It may be as simple as you did not adequately fill out the paperwork or it could be as complicated as there is a dispute about what is covered.

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3 Steps to Take If Your Insurance Claim Was Denied

There is nothing more frustrating than submitting an insurance claim only to have it denied by the insurer. There are several reasons that an insurance claim can be denied, but the most important thing to remember is that you have rights. Under certain circumstances, you may have the option to appeal the decision.

At The Law Offices of John D. Ameen, P.A., we provide dedicated representation for insurance claims including denial appeals. Our lawyers have over 50 years of collective legal experience to help you get the insurance settlement you deserve. If your claim was denied, contact our office at 800-555-4011 to schedule a free consultation.

Follow these three steps if your insurance claim was denied:

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Your Rights If the Florida Funeral Home Was Negligent

When a loved one dies, it can be unbearably difficult. Depending on your loved one’s wishes, you may need to make funeral arrangements and wrap up their affairs. During this time you may assume that the funeral home you rely on is always handling your loved one with the utmost care. Unfortunately, this may not be the case.

At The Law Offices of John D. Ameen, P.A., we represent individuals who have suffered harm because of a funeral home’s negligence. We understand that this may be a challenging time for you and your family. We are here to help. Contact our office at 800-555-4011 to schedule a free consultation and discuss your legal options.

Who Can Sue a Florida Funeral Home?

If a Florida funeral home was negligent in the handling of your loved one or engaged in some form of unethical or unlawful activity, you might be entitled to compensation. Depending on the circumstances of the case, you may be able to sue for damages.

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Getting Your Car Fixed After a Florida Auto Accident

If you are involved in a car accident, you may wonder who is responsible for your damages. While many people worry about whether they will receive compensation for their injuries, they overlook the fact that they may need vehicle repairs. In some instances, the car may be totaled and they will need to seek money to replace the vehicle. Determining who should pay for these damages can be challenging without the help of a qualified attorney.

At the Law Offices of John D. Ameen, P.A., our lawyers can help you understand your rights after an auto accident. We fight for individuals who have suffered losses in car crashes throughout Florida. Whether you were seriously injured or your vehicle needs to be repaired, we can help. Contact our office today at 800-555-4011 to schedule a free consultation.

Obtaining Compensation After a Car Accident

Unfortunately, it doesn’t take a high-speed collision for there to be a lot of damage done to a vehicle. Today’s cars are designed with lightweight materials that help them absorb the impact during a crash. While they are generally safer than the tanks of previous decades, they are also more prone to getting crushed and are expensive to fix.

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Why You Need an Attorney If You Are Injured at a Store

You may assume that a store owner is automatically liable if you are injured while on their property. Unfortunately, holding a store owner legally responsible for your injuries can be challenging. Not all injuries result in liability. To determine whether you have a valid claim for damages, you need to speak with a qualified attorney.

At the Law Offices of John D. Ameen, P.A., we represent individuals who have been injured due to another person’s negligence or wrongdoing. Our lawyers fight hard to ensure that our clients receive the maximum compensation allowed by law. If you have been injured at a store, contact our office at 800-555-4011 for a free case evaluation.

Holding a Store Owner Accountable for Your Injuries

In general, a store owner is required to keep their property in a reasonably safe condition. They also have a duty to warn customers of a dangerous condition that they knew or should have known about. In some cases, proving a store owner’s liability can be relatively straightforward, but in others, it may be difficult to prove.

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Navigating Your Mandatory and Recommended Coverage

Choosing to purchase a car, home, or business in Florida may require varying levels of insurance coverage to be obtained. Furthermore, you may feel more comfortable purchasing additional forms of coverage to protect yourself in the event of natural disasters, injury, and significant property damage. If you're a new Florida resident or are looking to obtain a new property, read on to learn more about what insurance may be required in your circumstances.

Florida Insurance Requirements

Car Insurance

Florida drivers are required to register all four-wheel vehicles. In doing so, they must obtain minimum insurance coverage for personal injury and property damage liability and show proof of coverage when registering.

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Your End-of-Season Questions Answered

Hurricane season is anticipated to end in late November, and this year has already caused a significant amount of displacement and damage across many regions of the country. In fact, 2021 is already considered one of the top five costliest Atlantic hurricane seasons of all time.

Homeowners understandably have many questions about the damages caused and what, if anything, can be covered by their insurance. Here are the top three things to know for the end of the season and looking forward to the next.

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In one of our latest blogs, we discussed some of the telltale signs of bad faith insurance in Florida and what to do if you believe that your insurance company is dragging out the claims process, undervalued your claim, or denied your claim altogether. If you are ever in this situation, it’s important to remember that you have legal rights.

Below, the team at Law Offices of John D. Ameen, P.A. breaks down how we will fight on your behalf to gather evidence and help you win a bad faith insurance claim or lawsuit.

Elements of a Bad Faith Insurance Claim

First, it’s important to understand that there are a few different elements of bad faith insurance, as well as two different categories. These are:

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When you purchase an insurance policy in the state of Florida, you expect that the insurance company will pay out damages should you incur losses when disaster strikes. You expect peace of mind. That’s the whole point of insurance, right?

Sadly, not all insurance companies fairly pay out claimants according to the terms of their policies. When insurance companies negligently deny valid claims, unreasonably undervalue claims, or fail to properly investigate claims, this is known as bad faith. The good news is that you have legal rights to fight back against insurance bad faith if you know what to look for.

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As a parent, it’s natural to worry about your children, no matter how old they get. At some point, they will want more independence and you will have to trust they will make the right decisions.

While your newly-licensed teen driver may be hoping for more freedoms during the upcoming summer months, it’s important for all parents to be aware of the “100 Deadliest Days of Summer” and why this time of year is more dangerous for teens on the road.

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Distracted driving is one of the most common causes of serious auto accidents. In reality, all of these instances are entirely preventable when drivers take the proper precautions behind the wheel. To put the entirety of this problem into perspective, here are some relevant distracted driving statistics from the Centers for Disease Control and Prevention (CDC):

  • Every day, about eight people lose their lives in distracted driving accidents.
  • There were 2,841 people killed in distracted driving-related auto accidents in 2018. More than 400,000 more were injured.
  • About 25% of drivers involved in 2018 fatal distracted driving crashes were young adults aged 20-29.

Knowing the most common types of driving distractions can help you, as a driver, stay safe behind the wheel. Here’s what you need to know.

Common Types of Driving Distractions

The Centers for Disease Control and Prevention (CDC) identifies three types of distracted driving:

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Can Car Accidents Cause PTSD?

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When you think of post-traumatic stress disorder, your mind probably flashes to images of soldiers returning home from war. But, did you know that car accidents are actually a leading cause of PTSD in the U.S.?

What Is PTSD and What Causes It?

PTSD is a psychological disorder that develops after a person witnesses or experiences a traumatic event, such as a serious car crash, assault, abuse, wartime/conflict, or a natural disaster. Essentially, the disorder heightens one’s fight-or-flight response and makes them feel anxious, stressed, or frightened in even safe situations. Other symptoms may include:

  • Depression
  • Anxiety
  • Hypervigilance
  • Panic attacks
  • Flashbacks
  • Nightmares
  • Intrusive thoughts

According to a study done by the National Institute of Mental Health (NIMH), nearly 40% of car accident survivors develop symptoms of PTSD. While it’s not fully understood why some people develop this disorder and not others, several factors play a role in who exactly is at risk, including:

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When you’re injured in an accident, such as a car crash or slip and fall, you may assume that the person who caused the accident would be the one on the hook for paying your medical expenses, lost wages, and other related damages.

However, that’s not necessarily the case in the Sunshine State. Unlike many other states, which follow a fault-based insurance rule that we described above, Florida is considered a no-fault insurance state. This term is a common source of confusion for many car accident victims, so we discuss more about what no-fault insurance means below.

What Is No-Fault Insurance?

No-fault insurance, also referred to as a personal injury protection (PIP) policy, is a type of auto insurance coverage that is designed to compensate the insured individual should they be injured in a car accident, regardless of who was at fault. In Florida, PIP policies generally cover the following:

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Between 2003 and 2015, U.S. military service members were issued Combat Arms earplugs. Originally designed by Aearo Technologies, which was bought by Minnesota-based company 3M in 2008, the Combat Arms earplugs were designed to protect service members from both lower- and high-level noises known to cause hearing damage. These earplugs were standard issue and were provided to hundreds of thousands—if not millions—of active-duty service members.

Unfortunately, the Combat Arms earplugs contained a serious flaw that rendered them essentially useless.

The initial design made it so that the earplugs were too small for standard Army carrying cases, and they also posed certain fit issues with some service members’ helmets. Because of this, the earplugs were modified and made shorter. While this solved the surface-level problems, it led to a serious side effect: the earplugs no longer effectively filtered out or blocked high-level noises, meaning service members were exposed to incredibly harmful, highly damaging noises. As a result, countless men and women suffered permanent, irreversible hearing damage, deafness, and tinnitus, a condition characterized by a persistent ringing or “buzzing” in the ears.

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Florida sits in close proximity to the ocean and vulnerability to storms and hurricanes. Homes in this area face unique threats and are at an increased risk of sustaining internal and external damages.

For these reasons, homeowner’s insurance and other property-related insurance coverages are the most vital forms of protection you can have as a property owner in this state. Below, we discuss some of the most common types of property damage insurance claims in Florida. We also cover the potential problems you may face when filing.

Exterior Wind Damage

Storms and hurricanes can lead to heavy winds, falling trees, or blowing objects. These weather events commonly results in roof damage. This damage to your roof may be more difficult to spot and locate. It can remain undetected until more serious signs of interior damage begin to manifest. It’s also a type of damage that typically requires complete replacement of the roof structure.

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When someone passes away due to an injury or illness that should have been preventable, and it was someone else’s negligence that caused the fatal circumstances, it is known in the law as a wrongful death. Surviving family members of someone who has passed away due to another party’s negligence can file a wrongful death claim in pursuit of certain damages, like lost wages, loss of companionship, and final medical care. To secure those damages, liability for the wrongful death will need to be proven, and the available evidence will differ depending on the type of accident or incident that led to the untimely death.

Different Types of Wrongful Death Claims

Extreme and violent circumstances that can cause a wrongful death include:

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Hurricane season around the Atlantic typically peaks each year in August and September, and this year has proven no different. Hurricane Sally and Hurricane Laura have left hundreds of thousands of people across Florida and the surrounding states with property damage and no power.

Ensuring your home is properly prepared for hurricane season is essential to reduce potential damage to your belongings and help you and your family stay safe. Here are some steps you can take to protect your home before a natural disaster hits.

Take an Inventory of your Property

Start by surveying your home and tallying your possessions before the start of hurricane season each year. If you claim damage to a specific part of your home, you want to ensure that you have the proper evidence to show the insurance company what type of physical damage was caused; that way, you can be properly reimbursed for everything you should be.

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