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New Bill Would Open the Door for Abortion Lawsuits in Florida

Lawsuits

A new bill has advanced to the Florida House for consideration and it is causing a lot of local controversy. The bill would allow women to sue doctors who perform abortions without “informed consent”. Sponsored by Erin Grall, a republican from Very Beach, the bill would give women the right to seek damages for up to 10 years after an abortion if a doctor failed to give adequate information about the physical and psychological harms that can follow the procedure. Prior to this bill, women could only sue abortion providers through medical malpractice claims.

Grall presented the proposed bill to a House Subcommittee, arguing that there was a need for women to have a process that was less time-consuming than medical malpractice cases. Of course, there was plenty of argument over the controversial claims related to psychological harm caused by abortions. Democrat Shevrin Jones asked for evidence to be presented that abortion can cause psychological harm. Gall responded that there was a lack of hard research on this because it is largely underreported. However, she reported that “many women and many organizations” had talked to her about the intense emotional distress that can occur for a woman after having the procedure.

medical malpractice claims

A number of insurance companies and Florida doctors have been strongly opposed to the bill. At one medical malpractice insurance business, spokesman Mark Delegal said that the bill would be incredibly damaging, completely undermining all of the medical malpractice reforms that the Florida House had passed in 2003.

William Large, president of Florida Justice Reform Institute also argued against the bill. “There’s nothing to suggest that current law in insufficient to address the harm suffered by women who have had abortions – certainly nothing that justifies vastly expanding physician liability and treating those injured by abortions differently for all other medical malpractice claimants.”

Christopher Ligori, a Tampa personal injury attorneyErin Foster, a volunteer from Tampa Planned Parenthood, spoke against the bill. “Most of you in this room would not have an audacity if she regretted having a baby, so I don’t know why you deem it acceptable to ask the one in three women like myself why we regret our abortions.”

Democrat Wengay Newton believes the bill is just a cloaked attack on abortion. “I do believe that this is an attempt to eliminate abortions.” However, Republican Ray Wesley Rodrigues said the bill wouldn’t be harmful because it would only impact doctors who didn’t give informed consent, which should be expected no matter where you stand on the abortion issue.

Christopher Ligori, a Tampa personal injury attorney, said the bill definitely brings a lot of questions for the House to consider. “There are a couple different ways to look at this bill. While most want to make this a matter of whether abortion is right or wrong, it’s actually a bill that address whether abortion providers are doing a thorough job in providing the right information to women who are seeking their services.”

If the House passes this bill, it would become the first of its kind in the nation.

http://saintpetersblog.com/bill-allowing-women-sue-doctors-perform-abortions-advances-florida-house/

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Parents Continue to Fight for Change After Death of Teen Son

Law | wrongful death

Andrew Joseph III was just 14 years old when he died. His parents said the teen had been thrown out of the Florida State Fair during the 2014 Student Day. He was attempting to cross the Interstate on foot when he died. On the second anniversary of their son’s death, Andrew Joseph Jr. and wife Deanna are staging a protect at the fair’s Student Day. They are asking people to join them in an effort to push for new safety measures to protect students at the fair. The family has also filed a wrongful death lawsuit this week against the Hillsborough County School District, the Sheriff’s Office, and the Florida State Fair Authority.

wrongful death lawsuit

“We need to somehow wake Tampa up,” said Deanna Joseph. Each year, the school hands out passes to the fair for students to use for free admission on Student Day. This leads to thousands of kids visiting the fair in a single day, which increases violence and makes unruliness. In 2014, police ejected nearly 100 students and arrested 12 people on student day. Andrew Joseph III was among the ejected students that day. Once the teens were told to leave, the police failed to contact their parents or make sure they safely returned home. The Josephs said police dropped their son off two miles from the fairground. He then had to cross the interstate on foot to try to get to his ride and was hit by a car and killed.

Both Andrew Joseph II and Deanna Joseph are licensed therapists. They had moved to Florida from New Orleans after Hurricane Katrina. They allowed Andrew to attend Student Day because they assumed it would be safe since the school had passed out free tickets. They had no idea that a fun outing could quickly become tragic. When violence erupted at the fair, officers kicked out around 100 kids, including some known gang members. “But all these kids were released at the same spot,” said Joseph Jr. “So now we have real gang members being released with totally innocent kids.”

Christopher LigoriIt was hours later when someone came to their home and alerted them that their son had been taken out of the fair in handcuffs. Joseph said that they heard the fair had been shut down and he tried to call his son’s cell phone, but got no answer. He went to the fairgrounds and it was empty, but he asked a state trooper for help. After giving a description of his son and what he was wearing, the police called the juvenile detention center and the hospital and then asked Joseph to call his son’s cell phone again. The officer told Joseph that the phone that rang was found near the body of a young man who was struck by a car on the interstate. “This is how the news was delivered to me on the side of the road,” Joseph said. “This is how I found out my son was dead.”

“This was an unimaginable loss for the Joseph family,” said Christopher Ligori, a plaintiff attorney in Tampa. “With just a single phone call to this teen’s parents asking for someone to pick him up, a tragic death could have been avoided.”

Source: http://www.tbo.com/news/crime/family-of-teen-killed-after-state-fair-melee-plans-to-sue-fair-sheriffs-office-20141203/

http://www.tampabay.com/news/publicsafety/two-years-after-teenager-andrew-joseph-iii-died-outside-the-florida-state/2264205

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Child Treated for Serious Injuries After Rear-End Crash

wrongful death

A 19-year-old Dania Beach man was speeding in foggy conditions and changing lanes repeatedly Tuesday morning when he slammed into the rear of a commercial van on the Courtney Campbell Causeway, causing serious injuries to a 6-month-old passenger.

Fog is one of the worst weather conditions to drive through, something 19-year-old Ioan Lupeanu learned the hard way when he rear ended a commercial an while driving on the Courtney Campbell Causeway. A 6-month-old passenger sustained serious injuries.

The police report indicates that despite the reduced visibility, Lupeanu was both speeding and making frequent lane changes while traveling east. The crash took place when the white commercial van stopped for traffic and Lupeanu failed to see the brake lights in time.

Courtney Campbell CausewayLupeanu’s infant child, Anelissa, was in the car at the time but hadn’t been properly restrained in an approved child car seat. The injuries she sustained during the wreck are being treated at St. Joseph’s Hospital. Anelissa’s mother, 18-year-old Rebecca Militaru, who was also in the car, sustained minor injuries. The van’s driver also sustained minor injuries and the police listed the damage done to both vehicles as minor. At this point, police continue to investigate the cause and effect of the accident.

That was just one of the accidents that took place on Tuesday morning. Because traffic was congested drivers chose to take alternative routes, including The Bayside Bridge. Traffic on the bridge came to a stand-still when a car that has slowed and moved over for a tow truck was rear-ended and forced into the car in front of it.  The accident resulted in one person being transported to Mease Countryside Hospital where they received treatment for minor injuries.

Marc Yonkers, a personal injury attorney at Tampa-based Winters and Yonker, said this case is an important reminder. “Tragedies such as this can be avoided if drivers will just slow down and pay attention. Parents should always keep children properly restrained and make sure everyone is wearing a seatbelt.”

If you or a loved one is injured in a car accident, reach out to a Tampa personal injury attorney for help. Your attorney will work on your behalf to determine if you are eligible to file a personal injury lawsuit and pursue a settlement that will cover lost wages, medical bills, property damage, and the emotional toll the accident took on you.

When choosing a personal injury attorney to handle your case, always look for someone who has a great deal of experience who offers free consultations, genuinely cares about your wellbeing, and who only gets paid if you win a settlement.

personal injury lawsuit

It’s crucial to act quickly if you plan to file a personal injury or wrongful death lawsuit. There are statutes of limitation that will prevent you from filing a lawsuit after too much time has passed. Plus it’s much easier to gather and find crucial evidence for the case if your attorney can start working on it immediately after the accident.

http://www.tampabay.com/news/crash-with-injuries-closes-eastbound-courtney-campbell-causeway/2306090

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Should You Hire A Virtual Paralegal?

Virtual Paralegal

A virtual paralegal is a term used for all assistants that are under the supervision of a lawyer that work over the phone or a computer to help you with your legal issues. It’s understandable that because of such an arrangement you would maybe be hesitant to share your sensitive private information and generally conduct business over the internet, but we have to say that in fact it’s one of the best ways the legal business can be done. It is one of the best


Usually, when people have questions for their lawyer, it takes them both time to coordinate an appointment and usually it does not require some big issues. Most of the times it’s to draft some papers, sign on a few legal documents, or just to state something about the case. This can all from over the virtual paralegal. In fact, dealing with the virtual paralegal gives your lawyer more time to prepare for the heavy lifting as drafting a defense or a plan of attack usually takes quite some time, and remember you are not the only client to your lawyer, so his time is already stretched.

But let’s get down the too real benefits of having a virtual paralegal

– For the company, it cuts costs a lot. The company can hire a virtual paralegal from a smaller firm and in that way, outsource its small issues to a company that needs the work, but at the same time, you don’t need to pay for their insurance as they don’t work for you per se.

Virtual Paralegal– For the clients,it’s better for several reasons. You don’t waste your money on an expensive attorney just to ask some questions, collect and prepare some papers and phone you of any changes. The level of commitment you will get from these paralegals will be on par with the most expensive lawyers which you might not be in a position to afford.

But before you decide to deal with a virtual paralegal here are some tips.

Virtual Paralegal– Never assume that your paralegal has the required certificates. If you ever choose to hire a virtual paralegal request for the showing of credentials. There are many sensitive issues that the paralegal will work with, and you have to protect your data before everything else.

– Further, secure your data. The most common problem when working with other people is employee negligence. This happens in all fields, and you have to make sure your data is encrypted if it is sensitive and it will require you to send it over the internet.

– Coordinate and plan ahead with the paralegal – many of them use content frame strategy. Everyone in the law business has their hands full of issues to deal with. If you hire a virtual paralegal, understand that you are not their only client and coordinate with them when and how things can be done in the shortest amount of time.

– Be reasonable and open about your needs. The paralegal will know a lot but have in mind that they are not full blown lawyers yet, and your needs should be stated in advance to avoid confusion or overreach.

Why Integrated Legal Research Is A Good Thing

Legal Research

Integrated Legal ResearchIn the past lawyers, would spend almost 80 % of their time doing research and digging through the vast sea of papers and cases that have happened before so they can find a precedent or something that can aid them in their current case. People would spend so much time doing this type of research that some lawyers would never even see the courtroom as they have always been behind the scenes working with these kinds of research methods.

Today we have an easier time as the digital age has helped many lawyers cut their time spent on research by up to 50%. Today we can streamline different methods and integrate them into specific programs or algorithms and have them work the heavy lifting for us. An app that is voted as the best app of this sorts named Fastcase is an app that deals with such research algorithms.

So how does this exactly help your lawyer do a better job for you?

1.It helps with time tracking

Integrated Legal ResearchIn previous methods, you as a lawyer would have to bill your time to spend on research, and they would usually be written down without any supervision. The app will track the time that the lawyer has to spend on it, and it will also track what the lawyer was researching in that time. Making this one hell of a money saver.

2.Fast case associations

The most time lawyers spent researching was to find case associations from earlier times. If they could find that a case similar to the one, they are currently dealing with had before been resolved in a positive manner for them than their job was 80 % done. That usually took tons of time in the past, but today it could only take them several minutes to get the same results.

3.Bookmarking results


The moment somebody found a case that was similar to their current one they would use that information and forget about it. That could create issues down the road as after 10 years they could run into another case like that and by that time they could forget what they searched in the past. These apps let them bookmark their research history so they can come back to it at any time in the future.

4.It cuts the administrative work

Of all the benefits an app like this provides to the lawyers the last one is the icing on the cake. The last is the administrative work that needs to be done to conclude the successful case among the attorney and the client. Whenever a case is done, there are tons of paperwork left to fill out.

These apps let the lawyers have faster research times, more reliable researches, stored information all in one place and less administrative time for everyone. If your lawyer is using an app like Fastsearch than you are in the right hands. They will never think about going back to the traditional way of doing research.

Employment Law And You

Employment Law

When it comes to legal issues at work you might think that the employer holds all the cards, don’t give into the scare tactics, you are entitled to an attorney, and you might have been wronged on many occasions, but you just did not know. The employer usually has all the benefits when it comes to resolving issues with his worker.

Employment LawEmployers can often bully the employee into submission and will get the employee to drop certain subjects and not talk about many issues. The more we have advanced as a society, the more this kind of behaviour has not been lessened by the amounts of lawsuits that have been filed by employees against their employers. In many cases, people do not even know what could be considered a good reason to sue their employer, so we will list a few to teach you about your rights.

– Any Wage and overtime issues.

– All forms of Sexual harassment, which also includes sex for benefits harassments and sexual insults

– Wrongful termination in many forms.

– All forms of discrimination which include discrimination against religion, national origins, all forms of disability, gender discrimination age and race discrimination.

– Many kinds of safety violations at the workplace.

– Violations that involve violations on workers breaks, and unpaid bonuses.

– Wrongful employment contracts.

– Non-compete agreements that can damage your future.

And much more that fall into the subcategories of the above mentioned.

If you believe that you have been a victim of any specified situations, don’t hesitate to contact your lawyer and ask for their opinion.

The most common reasons companies get sued for is over three reasons.

1.The wage and hour violations

When it comes to this violation, the employer usually fails at paying the minimum wage, paying for the worked overtime, or breaking rules regarding the minimum brakes for eating. In every state, there is a different amount of the minimum wage, make sure you are aware of the minimum wage for the job you are doing.

Employment Law

Next is to know what you are entitled by law if you work overtime. Usually, the overtime starts after 8 working hours, or after 40 hours a week, but that can be different by a small amount from state to state. Last are the brakes for lunch which the law requires a minimum of one and sometimes two during working hours.

2.Wrongful termination

Wrongful termination is a term used to describe when the employer terminates his employee under false pretense.

Additionally, the main situations where an employee is wrongfully terminated are:

– Terminating an employee that refused to violate any law.

– Terminating an employee that reported any illegal activity.

– Terminating an employee that exercised his constitutional right

– Terminating an employee due to his religion, sex, political declaration, race, color, disability, pregnancy, or any other form of discrimination.

3.Violations of safety at the workplace


Employers are held responsible for keeping the working area safe for their employees. If for any reason your security as an employee is in danger due to inadequate safety equipment, lots of hazardous conditions without implemented safety measures, or any other safety hazard you are eligible to sue your employer.

What Are Class Action Lawsuits?

Law | Lawsuits

A class action lawsuit is not a standard lawsuit where one person gathers its case and sues an individual or a company. In fact, a class action lawsuit is when many people who were wronged by usually a company get together and form a lawsuit on all their behalf. The class action lawsuit can be both a good and a bad thing when it comes to the individual so let us break down the good and the bad.

The good

lawsuits– The class action lawsuit can be responsible for starting the lawsuit in the first place. Many people individually would not sue or would not have the power to sue, but together they have a case that can get them all equal compensation.

– The class action lawsuit can make the company change its ways easier. If an individual would sue a company and the company would decide to settle out of court, they could bury the issue since it’s just a single individual that sued them. When a class action lawsuit gathers lots of people under it, they have a bigger power to force the company to change the same thing for which they are sued.

– Class action lawsuits can bring higher experienced lawyers to the table. In this lawsuit, the best of the lawyers gather to represent the damaged side.

The bad

– The money gets split between lots of people. The more people are in the class action lawsuit, the more the money compensation they get in the end, gets split. So if a company gets successfully sued for millions of dollars, in the end, the damaged individual might just get a couple of thousands of dollars.

lawsuits

– The most injured person in the group gets the same compensation as the least injured. In a class action lawsuit, many people have different levels of being damaged. Due to the nature of the class action lawsuit, everyone in the group ends up with the same amount of compensation no matter the severity of the issue of their injuries.

– Once the class action lawsuit is concluded there can’t be any more legal action taken again. Once the class action lawsuit has been successful and the compensation has been divided no individual from the group can take the company again to court for any reason that can be connected to the class action lawsuit. This stops people from adding new evidence down the line and opening the case again.

All in all, a class action lawsuit can be a good thing for people who don’t have enough money for good representation, and for people that did not know they could be entitled to compensation due to some reason.

But it can also be bad for individuals as they won’t be able to receive the compensation that they deserve. The class action lawsuit remains to be one of the best ways to get a company to pay out for wrongdoing lots of people; the only problem is the amounts they usually pay don’t match the severity of the issues they were sued for.

The Types Of Personal Injury Situations You Can Sue For

Legal Advice

In today’s world, there are lots of instances where people can fall prey to dangerous situations, but luckily in some, you are entitled compensation. Most of these situations could have been avoided if certain departments, companies, or individuals did their job as more than half the injuries people sustain are due to human error.

Personal Injury

Every time somebody falls prey to a dangerous situation before you do anything you might regret, it’s smart to remember that you might get compensation based upon the nature of the injury you have sustained and in what circumstance. So, for instance, if you were walking down the steps of a government building and on one of the steps the floor would be damaged enough for you to bend your ankle and injure yourself you would be entitled to compensation.

The trick here is to know in which situations your safety has been put in danger and to immediately contact the lawyer so you both can act upon this situation.

We will list some, but not all situations where you might be entitled compensation.

1.Animal bites


Lots of people think that if they get bitten on the street by an animal that it’s the animals fault. The blame falls solely on the owner of the animal and why it has not done anything to prevent it from being engaged in situations where it can harm other people. If the animal has no owner than its the cities job to keep the streets clean of such wild animals. In both scenarios, you are entitled to compensation depending on the severeness of your injury.

2.Violent crimes

Violent crimeVictims of violent crimes can’t ever turn back time and undo the offense itself, but they can get some form of vindication when the perpetrator is brought to justice. In many cases, the perpetrator can be sued in a civil case for damages done and that type of case is usually present in sexual assault crimes, battery, kidnapping crimes, robbery, and murder. The biggest issue on most of these kinds of cases is not to prove that the perpetrator is guilty but to collect the sum that has been awarded to you by the court.

3.Slip and fall accidents

Where people walk often, there will be some uneven walking surfaces sooner or later. The moment you find your health or life in danger due to poor maintenance on such walking surfaces you are eligible to compensation by the owners of that property. Many slip and fall accidents can cause serious injury, so the law is pretty strict when it comes to punishing the responsible party.

What Does Product Liability Mean?

Law | Product Liability

In today’s consumer market, we have thousands and thousands of products that we buy and use on a daily basis. The problem with that is there might be thousands of potential ways you can get injured and get your property damaged due to no fault of your own.

Product liability is a term that involves situations where one party gets injured due to the fault of the defective product. The term defective product is used for every product that has failed in providing its intended service without in a safe environment.

In fact, when we talk about defected products we can safely assume that one of three situations could be responsible for your injuries or the damage that you have sustained due to its failure.

The three main categories where product liability cases fall are:

1.Warning defects

Product LiabilityProducts that have failed to provide in writing warnings to the user. All the goods that have not stated in their “how to use” and “danger” section the potential threats that the product might inflict upon its user during regular use are considered a warning defects.

For instance, if your power tool can shock you if unplugged in a proper way and they have not stated that on their product you might be a victim of a warning defect and you might be entitled to compensation.

2.Design defects

The products that have failures in their use due to the poor design fall into this category. Some products have been developed without a thought of the consumer safety during its use. If the law finds that the product is unsafe for use in its intended form, then that product is considered a design defected product.  You could be eligible for compensation depending on your injury.

3.Manufacturing defects

product liability

The term Manufacturing defects are used for every product that is designed properly but where the materials, assembly process, and other steps in its creation have failed. For this particular scenario, the factory producing the product can be held accountable for any and all damages the product has caused. For instance, if the TV had a wire that was not coated with the proper material and got overheated causing it to burst into flames and burn down the house, the TV would have been directly responsible for the property damage and its manufacturing defect would be the reason you could be awarded compensation.