Wrongful Death Lawsuits Florida

Personal Injury and Wrongful Death Lawsuits

Law Offices of Michael D. Stewart

866-438-6574

A personal injury lawsuit seeks to compensate one who is injured for damages such as lost job earnings, loss of future earning capacity, past and future medical expenses, pain and suffering and damages for disfigurement.

In a wrongful death action, the family of the deceased can bring an action against the one who caused the death for funeral and burial expenses, loss of financial support to the family, loss of affection and/or consortium, and loss of financial support.

In both cases, the injured needs to prove that the tortfeasor, or the one who caused injury, had a duty to the injured, and that they breached that duty by causing the injury. Resulting damages must also be proved.

Often their can be a number of significant intervening factors which can affect who is ultimately liable for an injury. Therefore, it is necessary to show that the alleged wrongdoer was the proximate or direct cause of the injury. Further, the injured can also be partially at fault for their own injuries and depending on the jurisdiction this can bar the injured from recovering damages, or can seek to reduce the damages in comparison to the percentage of fault.

After an injury or death, it is important to retain a lawyer as soon as possible who can reconstruct the accident scene to determine who was at fault. Police reports are often inaccurate, and experts need to be retained to interview witnesses, conduct tests on vehicles and of the location of the accident, and determine what happened in the accident. Without swift action, important evidence can dissipate.

Once the lawyer has a case and can prove that the alleged wrongdoer was negligent and caused injury or death to his or her client, he can then negotiate a settlement with the insurance companies.

If, however, the insurance companies challenge their clients’ liability, a lawsuit will need to be filed on behalf of the client alleging Duty, Breach of Duty, Causation, and Damages. Mediation between the parties will often be a useful step in attempting to resolve the matter prior to intensive litigation leading to trial. Proving damages will require intensive compilation of earnings and potential future earnings, lost wages, medical bills, both past and future, and the like. Actuarial information may also need to be obtained to determine how long the injured client will potentially live, or how long a deceased client was likely to have lived barring the accident.

Experts, like doctors, will often need to be called to testify in court as to extent of injuries, lifespan, earning capacity, pain and suffering and the like. Insurance companies will hire their own experts who will provide differing opinions on the issues of the case. Depositions and direct testimony of witnesses, including statements elicited by the police, will also need to be compiled and brought out in trial.

Once a trial is concluded the jury will return their verdict as to liability and monetary damages. Either party has the right to appeal the decision of the jury to a higher court if the decision was arrived at due to some procedural or evidentiary defect during the trial, which was preserved for appeal.

The lawyer will assist the client in determining what is in the best interests of the client when deciding on whether to accept settlements or whether to try the case to a jury and through possible appeal to the appellate courts.

Law Offices of Michael D. Stewart

866-438-6574

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

Termination of Landlord Tenant Tenancy without a specific term

Termination of Tenancy Without Specific Term (FS Section 83.57)

LAW OFFICES OF MICHAEL D. STEWART
866-438-6574
www.TheMiamiLaw.com
When created a landlord tenant relationship it is very important to have a written contract laying out the relevant details of the tenancy. An important term to include in the contract is when and how the tenancy will terminate. Termination of a Tenancy that does not have a specific termination date can occur by either party giving written notice as follows:
1) If the tenancy is from year to year, either party can give not less than 60 days notice prior to the end of any annual period;
2) If the tenancy is from quarter to quarter, either party may give notice of not less than 30 days prior to the end of any quarterly period;
3) If the tenancy is from month to month, either party may give notice of not less than 15 days prior to the end of the monthly period;
4) If the tenancy is from week to week, by giving not less than 7 days notice prior to the end of the weekly period.
5) If the tenancy is with a member of the Armed Forces and the service member has a permanent change of station order requiring him or her to move and live 35 miles from the location of the rental premises, or who is prematurely or involuntarily discharged from active duty, may terminate his or her rental agreement. To do so he or she must provide the landlord with written notice at least 30 days after the landlord’s receipt of the notice. The notice must be accompanied by a copy of the official military orders.
6) If a service member dies during active duty, a member of his or her family may terminate the rental agreement with written notice for at least 30 days after the landlord’s receipt of the notice.
7) Some leases for a specific time period may require notice of termination by either the landlord or tenant within a specified period of time. If the tenant fails to provide such notice he or she could be liable for damages to the landlord. A residential lease cannot contain a provision requiring more than 60 days notice of intent to terminate.
83.575 Termination of tenancy with specific duration.—
(1) A rental agreement with a specific duration may contain a provision requiring the tenant to notify the landlord before vacating the premises at the end of the rental agreement; however, a rental agreement may not require more than 60 days’ notice before vacating the premises.
(2) A rental agreement with a specific duration may provide that if a tenant fails to give the required notice before vacating the premises at the end of the rental agreement, the tenant may be liable for liquidated damages as specified in the rental agreement if the landlord provides written notice to the tenant specifying the tenant’s obligations under the notification provision contained in the lease and the date the rental agreement is terminated. The landlord must provide such written notice to the tenant within 15 days before the start of the notification period contained in the lease. The written notice shall list all fees, penalties, and other charges applicable to the tenant under this subsection.
(3) If the tenant remains on the premises with the permission of the landlord after the rental agreement has terminated and fails to give notice required under s. 83.57(3), the tenant is liable to the landlord for an additional 1 month’s rent.
History.—s. 3, ch. 2003-30; s. 1, ch. 2004-375.

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

Service of Process in Florida Litigation

SERVICE OF PROCESS IN FLORIDA LITIGATION
LAW OFFICES OF MICHAEL D. STEWART
866-438-6574
www.TheMiamiLaw.com

Once a lawsuit is filed with the Clerk of Court, the Clerk will sign, seal and issue a Summons to a sheriff or private service of process agent. The agent for service of process must then serve the Summons and the Complaint on the person or company being sued. Once service of process has been completed, the server notes the date and time of the service on the complaint and summons. The person serving the summons makes proof of service by affidavit.
In Florida, service of process is effected by:
1) delivering a copy of it with the Complaint to the person to be served or to his or her attorney (if the attorney is known).
2) leaving copies of the summons and complaint at the persons usual place of residence with any resident over the age of 15 years old.
3) Service on a minor must be accomplished by serving the parent or the guardian of the parent.
4) Service on other incompetents must be made by serving two copies on the person who has custody and control of the incompetent.
5) Service on a state prisoner is accomplished by serving the prisoner.
6) Service on Partnerships and Limited Partnerships is accomplished by service on any partner. Serving one partner serves as service on all partners. Alternatively, service may be made on the partnerships’ designated agent for service of process. A final method is service upon the Secretary of State of Florida.
7) Service on Corporations can be affected by service on:
a) the president, vice president, or other head of the corporation,
b) in the absence of the above officers, on the cashier, treasurer, secretary, or general manager,
c) in the absence of the above, on any director,
d) in the absence of the above, on any officer or business agent residing in Florida
e) on the agent designated as registered agent for service of process.
8) Service of Process by Publication. This is referred to constructive service and may be made in certain cases where service may not otherwise be effected (see Florida Statute Chapter 49).
Service must be made upon the defendant within 120 days or else the attorney will need to file a motion requesting that the time period be extended or requesting the court to drop the defendant from the lawsuit.
In Florida, personal service must be available in English, French and Spanish.
A defendant can choose to accept service of process by mail. If the defendant returns a waiver of the necessity of personal service, the defendant will not be required to respond to the complaint until 60 days after the date the defendant received the request for waiver of service.
CIVIL PRACTICE AND PROCEDURE Chapter 48
PROCESS AND SERVICE OF PROCESS View Entire Chapter

CHAPTER 48
PROCESS AND SERVICE OF PROCESS
48.011
Process; how directed.
48.021
Process; by whom served.
48.031
Service of process generally; service of witness subpoenas.
48.041
Service on minor.
48.042
Service on incompetent.
48.051
Service on state prisoners.
48.061
Service on partnerships and limited partnerships.
48.071
Service on agents of nonresidents doing business in the state.
48.081
Service on corporation.
48.091
Corporations; designation of registered agent and registered office.
48.101
Service on dissolved corporations.
48.111
Service on public agencies and officers.
48.121
Service on the state.
48.131
Service on alien property custodian.
48.141
Service on labor unions.
48.151
Service on statutory agents for certain persons.
48.161
Method of substituted service on nonresident.
48.171
Service on nonresident motor vehicle owners, etc.
48.181
Service on nonresident engaging in business in state.
48.183
Service of process in action for possession of premises.
48.19
Service on nonresidents operating aircraft or watercraft in the state.
48.193
Acts subjecting person to jurisdiction of courts of state.
48.194
Personal service outside state.
48.195
Service of foreign process.
48.196
Service of process in connection with actions under the Florida International Commercial Arbitration Act.
48.20
Service of process on Sunday.
48.21
Return of execution of process.
48.22
Cumulative to other laws.
48.23
Lis pendens.
48.25
Short title.
48.27
Certified process servers.
48.29
Certification of process servers.
48.31
Removal of certified process servers; false return of service.

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

What to do if you are in a cruise ship accident

WHAT TO DO IF YOU ARE INJURED IN AN ACCIDENT
LAW OFFICES OF MICHAEL D. STEWART
866-438-6574
www.TheMiamiLaw.com

In Florida, there are numerous opportunities to take a cruise for a vacation. If you are injured on a cruise ship there are a number of things you should immediately do:
1. Obtain medical help on the ship and if necessary, after leaving the ship.
2. Report the incident to ship security, and retain a copy of your report.
3. Obtain an experienced Cruise Ship Accident attorney to assist you in reserving and filing your claims.
4. Obtain the names of any witnesses and crew and demand all documents generated in connection with the cruise ship injury. Obtain witness statements concerning the events leading up to and concluding with the injury. Also, obtain statement of witnesses concerning actions taken by the cruise ship staff.
5. Obtain photographic evidence of the scene of the injury. Later obtain photographic evidence of any subsequent remedial measures taken to clean up the scene of the injury.
6. Have your lawyer send in your written claim of notice of intent to file suit within the applicable statute of limitations.
7. Obtain any necessary expert witnesses concerning the injury.

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

Law Offices of Michael D. Stewart has moved to a new Miami Office

The Law Offices of Michael D. Stewart has Moved its Miami Office to 200 SE 1st St, Suite 701, Miami, Florida – Miami Litigation Lawyers – Personal Injury, Real Estate Law
The Law Offices of Michael D. Stewart provides Personal Injury, Wrongful Death, Products Liability, Medical Malpractice, and Real Estate Legal Services. Let us assist you with your Florida and New York legal matters from our new Miami Attorney office. Located near Brickell and Biscayne Blvd, close to Bayside Marketplace, and near Hialeah, Dolphin Expressway, I-95, Aventura, Fort Lauderdale, South Miami, and Little Havana, our Miami Lawyers are here to serve the injured and those who are in debt. Offering free legal consultations and our lawyers are available 24 hours a day. http://www.TheMiamiLaw.com or see us at http://www.GotPersonalInjury.com. Law Offices of Michael D. Stewart 866-438-6574

The Law Offices of Michael D. Stewart – Miami Lawyers
The Law Offices of Michael D. Stewart serving Miami at the lawyers new Miami location. Personal Injury, Wrongful Death, Products Liability, and Real Estate
Miami, Florida (PRWEB) September 05, 2012

The Miami Law Offices of Michael D. Stewart have changed their office address. The new address of The Law Offices of Michael D. Stewart is located at 200 SE 1st St, Suite 701, Miami, Florida 33131. The law office is located near Brickell Avenue and Biscayne Blvd. in downtown Miami, Florida, near Bayside Marketplace. Our attorneys are close to the Miami International Airport, the Dolphin Expressway, Kendell, South Miami, Hialeah, Little Havana, Aventura and Fort Lauderdale. The law office Miami Attorneys will continue to provide Litigation, Personal Injury, Wrongful Death, Medical Malpractice, and Product Liability services; together with Real Estate legal services, including, Foreclosure Defense, Mortgage Loan Modification, Short Sale, Deed in Lieu of Foreclosure, Deed for Lease, Fraud, Eviction, Ejection, and Condo and Coop representation; and other debt matters including representation before the IRS, Credit Card Debt and Mortgage Debt.
Call The Law Offices of Michael D. Stewart for a free consultation at 866-438-6574 or visit us on the web at http://www.TheMiamiLaw.com or http://www.GotPersonalInjury.com. Our attorneys are on call 24 hours per day to assist you with your legal needs. Our attorneys handle cases throughout Florida and New York. No legal matter is too large or too small. From small legal issues to Complex litigation.
Let our Miami Lawyers help put the law on your side. Our clients pay No fee for injury matters until monetary recovery for your loss and damages.
Authorized to practice law in Florida and New York. State and Federal Courts. Member of the United States District Court for the Southern District of Florida, United States District Court for the Southern District of New York, United States District Court for the Middle District of Florida, and the United States Bankruptcy Court in the Southern District of Florida. Registered Florida Real Estate Agent with the Department of Business and Professional Regulation.
Call us Today at 866-438-6574. The call and the consultation are free.
Law Offices of Michael D. Stewart
http://www.TheMiamiLaw.com
http://www.GotPersonalInjury.com

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574

Law Offices of Michael D. Stewart represents police shooting suspect in Miami-Dade County Florida

The Law Offices of Michael D. Stewart Located in Miami, Florida Retained to Represent Accused Hialeah Police Shooting Suspect Andy Roman in his Criminal Defense
The Law Offices of Michael D. Stewart is prepared to vigorously defend Hialeah police shooting suspect Andy Roman against all charges in Miami-Dade County, Florida. The Hialeah Police Department has gone on record stating that Mr. Roman is currently being charged with at least five counts of attempted murder of a police officer/law enforcement officer.

Miami, Florida (PRWEB) September 27, 2012

Miami attorney Michael D. Stewart, Esq. and Miami lawyer Jonathan A. Klurfeld, Esq. from The Law Offices of Michael D. Stewart located in downtown Miami, Florida have been retained to represent and defend 23-year old Andy Roman, who is accused of firing an AK-47 type assault rifle and semi-automatic submachine gun at Hialeah police officers as they investigated a separate shooting.
According to the Miami Herald on September 26, 2012:
The Hialeah Police Department has gone on record stating that Roman will be charged with at least five counts of attempted murder of a law enforcement officer.
On Sunday, Hialeah Police were investigating an unrelated shooting at The Crossway Motel, located at 1775 W. Okeechobee Rd. During the course of this investigation, shots were fired from a passing by older-model, blue Chevy Caprice at Hialeah police officers.
22-year-old Osmani Ojeda drove the car according to police. The suspected shooters sped away, taking off down Okeechobee Road, hopping on the 112 Expressway and eventually getting off on Miami Avenue. Hialeah police followed all the way. Ojeda and Roman allegedly dumped the car at Northwest Sixth Avenue and 45th Street in Miami, ran into a residential neighborhood, and hid. Police from several departments, including Miami Beach, set up an eight-block perimeter and eventually found Ojeda hiding in a nearby shed.
Ojeda is being charged with multiple counts of attempted murder of a law enforcement officer, fleeing from the police and resisting an officer with violence. He is being held without bond after his appearance in bond court Monday.
Bay News 9 confirmed that on September 26, 2012 that Roman and was arrested by state and federal officers in Clearwater, Florida. A tip led law enforcement officials to the Clearwater area, where Roman was spotted at a Burger King and was seen getting into a blue Dodge Durango driven by a female. Offices then conducted a traffic stop and arrested Roman without incident.
The driver was being interviewed by detectives Wednesday evening and was expected to be booked into the Pinellas County Jail, authorities said. Hialeah Police detectives took custody of the vehicle.
The Law Offices of Michael D. Stewart plans to release a full statement to the press when further information becomes available.
Our lawyers and attorneys are authorized to practice law in Florida and New York. State and Federal Courts. Members of the United States District Court for the Southern District of Florida, United States District Court for the Southern District of New York, United States District Court for the Middle District of Florida, and the United States Bankruptcy Court in the Southern District of Florida. Registered Florida Real Estate Agent with the Department of Business and Professional Regulation.
Call us Today at 305-590-8909 or 866-438-6574. The call and the consultation are free. We are available 24 hours a day.
http://www.TheMiamiLaw.com
The Law Offices of Michael D. Stewart is located near Brickell Avenue and Biscayne Blvd. in downtown Miami, Florida, near Bayside Marketplace and I-95, and close to the surrounding areas of the Miami International Airport, the Dolphin Expressway, Kendell, Doral, South Miami, Coral Gables, Pinecrest, Cutler, Hialeah, Little Havana, North Miami, Opa Locka, Aventura, Hollywood and Fort Lauderdale.
The Miami law firm also represents clients in the areas of: Civil Litigation, Criminal Defense, Personal Injury, Wrongful Death, Medical Malpractice, and Product Liability; together with Real Estate legal services, including, Foreclosure Defense, Mortgage Loan Modification, Short Sale, Deed in Lieu of Foreclosure, Deed for Lease, Fraud, Bankruptcy, Eviction, Ejection, and Condo and Coop representation; and other debt matters including representation before the IRS, Credit Card Debt and Mortgage Debt.

The Law Offices of Michael D. Stewart
TheMiamiLaw.com
305-590-8909
866-438-6574