RECALL ALERT – Samsung Galaxy Note 7 smartphone may cause severe burns and fire damage

The US Consumer Product Safety Commission has issued a recall of Samsung Galaxy Note7 smartphones. There is a hazard where the lithium-ion battery in the Galaxy Note7 smartphones can overheat and catch fire, posing serious fire and burn hazard to consumers. Samsung is offering to replace or refund consumers who have these phones. There are approximately 1.9 million impacted phones, according to the USCPSC. If you sustained any injury or property damage and live in Florida, call a Samsung injury attorney at the Law Offices of Jason Turchin at 800-337-7755 for a free consultation.
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Description of the recall from the US Consumer Produce Safety Commission
This recall involves all Samsung Galaxy Note7 smartphones. The recalled devices have a 5.7 inch screen and were sold in the following colors: black onyx, blue coral, gold platinum and silver titanium with a matching stylus. Samsung is printed on the top front of the phone and Galaxy Note7 is printed on the back of the phone. This recall involves all Galaxy Note7 devices received as replacements as part of the previous Galaxy Note7 recall on September 15, 2016 and any Galaxy Note 7 with a green battery icon, regardless of date purchased or IMEI.

Significant number of injuries and property damage have already been reported
Samsung has received at least 96 reports of batteries in Note7 phones overheating in the U.S., including no less than 23 new reports since the September 15, 2016 recall announcement alone. Samsung has also received at least 13 reports of burns and 47 reports of property damage associated with Note7 phones. Those numbers may be grossly underreported, as many victims may not have known what to do.

If you were injured in Florida by a Samsung Galaxy Note 7, you may be entitled to money for your medical expenses, lost wages, property damage, out of pocket expenses, and pain and suffering.

What to do if you were injured by a Samsung Galaxy Note7 phone

If you live in Florida and sustained any injury as a result of the Samsung Galaxy Note7 phone, or any property damage, you may be entitled to money to help compensate you for your injuries or loss. Here are some steps to consider:

  1. Document the damage – Take photographs of any damage to the phone, any property damage caused by the fire, and any injuries you sustained.
  2. Save receipts – If you incurred any expense as a result of the fire, including remediation, repair, or medical expenses, save your receipts. Samsung may be responsible to reimburse you.
  3. Call a Florida product liability attorney – You may have valuable rights at stake. An experienced Florida product liability attorney can help fight for the compensation you deserve.
  4. Get medical attention – Documenting your injuries, and getting the medical care you need are important to having a claim against Samsung. Their insurance company needs to be able to evaluate your case, and proving your injuries is one aspect they often consider.

imageStop using your Galaxy Note7 device immediately!

According to the USCPSC, consumers should immediately stop using and power down all Galaxy Note7 devices, including Note7 devices received as replacements in the previous recall. They recommend that you contact the wireless carrier, retail outlet or Samsung.com where you purchased your device to receive a refund or free exchange for a new replacement device plus incentives. Consumers who purchased their phones from other sources should contact Samsung directly to receive a free remedy. Go to http://www.samsung.com and http://www.samsung.com/us/note7recall/ for more details.

These phones were sold through wireless carriers and electronic stores nationwide, including AT&T, Best Buy, Sprint, T-Mobile, US Cellular, Verizon stores, online at www.samsung.com and other websites and on third party websites from August 2016 through October 2016 for between $850 and $890.

 

RECALL ALERT – McDonald’s Step It Activity Wristbands Causing Burn Injury

According to the US Consumer Protection Safety Agency, McDonald’s recently issued a Recalls on its “Step-iT” Activity Wristbands Due to Risk of Skin Irritation or Burns. The formal Recall date is August 23, 2016, under Recall number 16-247. According to the Recall, the hazard is stated as follows: The recalled wristbands can cause skin irritation or burns to children. Questions? Call a Florida product injury lawyer at the Law Offices of Jason Turchin at 800-337-7755.

imageCompensation for Florida McDonald’s Step It Wristband Injury

If your child was burned by a Step It Wristband from McDonald’s, you may be entitled to money for any medical expenses incurred, wage loss of the parent, pain and suffering for the child, and possible future medical expenses and pain and suffering if there is any residual scarring or discoloration. image

According to the latest report, about 29 million units were made in the US. McDonald’s has already received more than 70 reports of incidents, including seven reports of blisters, after wearing the wristbands.

McDonald’s Insufficient Remedy

McDonald’s offered, what we believe is an inadequate remedy. They recommend that parents immediately take the recalled wristbands from children, and they are suggesting that parents return them to any McDonald’s for a free replacement toy and either a yogurt tube or bag of apple slices. This is not sufficient if the child was injured.

Florida Product Liability Attorneysimage

If your child was injured as a result of the Step It Wristband, call a Florida product liability attorney at the Law Offices of Jason Turchin for a free consultation. Our number is 1-800-337-7755. We handled Florida Step It Wristband claims on a contingency fee basis, which means we do not charge any money out of pocket. We only get paid if you or your child receives compensation for the incident.

We are now investigating stroke injury claims against the makers of Prilosec, Protonix, Prevacid, and Nexium! Call us at 800-337-7755 if you or a loved one had a stroke and was taking Prilosec, Protonix, Prevacid or Nexium.

imageCNN has now reported on a recent study investigating Prilosec, Protonix, Prevacid and Nexium, and found a significant increased risk of stroke in patients taking these medications. If you or a loved one took Prilosec, Protonix, Prevacid or Nexium and had a stroke, contact my office at 800-337-7755. We are investigating these claims for a possible civil lawsuit or civil claims against the manufacturers for damage. You could be entitled to money to help compensate for medical expenses, future medical expenses, lost wages, loss of earning capacity, pain and suffering, and much more.image

Increased risk of stroke found in recent study

The research study was conducted in Denmark among a quarter-million patients who suffered from stomach pain and indigestion, and were taking one of four PPIs: Prilosec, Protonix, Prevacid or Nexium. It found the overall stroke risk increased 21% among patients who were taking a PPI. At the lowest doses, the authors found either no or minimal increased risk of stroke. At the highest doses, they found that stroke risk increased 33% for Prilosec and Prevacid patients, 50% for Nexium patients and 79% for Protonix patients. That is significant.

Recent news articles reporting on increased risk of stroke from Protonix, Nexium, Prevacid and Prilosec

Since the study came out, several news articles have covered the breaking story to hopefully help warn the public about the research study. Among these are:

According to the CNN report, “PPIs have been associated with unhealthy vascular function, including heart attacks, kidney disease and dementia,” said Dr. Thomas Sehested, the study’s lead author and a researcher at the Danish Heart Foundation. “We wanted to see if PPIs also posed a risk for ischemic stroke, especially given their increasing use in the general population.”image

The CNN article further reported, in April, another study published in the Journal of the American Society of Nephrology found that patients who took PPIs had a 96% increased risk of kidney failure and a 28% increased risk of kidney disease, compared with those who were prescribed alternative medications.

The data is startling, considering the millions of people worldwide who may be taking these medications.

Potential legal liability for injuries caused by Prilosec, Protonix, Prevacid or Nexium

Florida product liability law generally holds companies legally responsible for all injuries and damages caused by a defective product where it was taken as prescribed. If someone in Florida had a stroke and was taking Prilosec, Protonix, Prevacid or Nexium, you should call our office immediately at 800-337-7755 to learn about your rights. Try to find any information about how long you were taking the medication prior to the stroke, and the dosage you were taking. That may be helpful to determine if you have a claim.

 

Over the past year, the product liability attorneys at the Law Offices of Jason Turchin have been investigating several Power Pressure Cooker burn injury claims from pressure cookers produced by TriStar Products. Investigation revealed several alleged defects which may cause or contribute to significant injuries. If you were burned by an exploding TriStar power pressure cooker, you may be entitled to significant compensation. Call us at 800-337-7755 today for a free consultation or submit your information online. Pressure Cooker Lawyer

TriStar power pressure cooker injuries seem to be on the rise. Our product liability lawyers have handled many claims on behalf of people who sustained severe burns after the contents exploded from their Tristar Power Pressure Cooker XL.

Common complaints about the TriStar pressure cooker

One of the most common complaints we’ve heard from victims injured by the power pressure cooker is that the steam stops coming out making it appear that the pressure cooker has depressurized, when in fact it is sealed shut. When the user goes to open the pressure cooker, all of the contents explode out and shoot hot scalding liquid on the user. Liquid maybe so hot that it could cause 2nd and 3rd degree burns, requiring hospitalization, surgery, and skin grafting. The scars that may result from the severe burns caused by the power pressure cooker may be life lasting.

Model #Compensation awards for power pressure cooker XL injuries

If you sustained burn injuries as a result of the power pressure cooker XL, you may be entitled to significant compensation for your injuries. This may include money to pay for all of your medical expenses you incurred as a result of your medical treatment, money to help cover future medical expenses that you may incur, money for pain and suffering for what you went through, money for future pain and suffering and to compensate you for the scars or debilitating problems that you may continue to have throughout your life, lost wage reimbursement, money to help make up the difference for a loss of earning capacity, money for your spouse for any loss of consortium, money for your children depending on the extent of your injuries, and possibly other money damages.

If you were burned because of a power pressure cooker XL make sure you try to keep the pressure cooker and do not throw it out. This could help prove your case.

We handle pressure cooker injury claims on a contingency fee

Many lawyers may charge you a lot of money out of pocket, but our power pressure cooker lawyers in Florida handle your case on a contingency fee. That means that we waive all fees and costs if there is no recovery. You do not have to pay us any money out of pocket to help with your case. We only get paid if you settle or win.
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If you were looking for a Miami pressure cooker lawyer, Florida pressure cooker attorney, Orlando pressure cooker injury law firm, Pembroke Pines pressure cooker injury attorneys, Tampa pressure cooker defect lawyers, Power pressure cooker class action lawyers, or a pressure cooker lawyer in Miami, Weston, West Palm Beach, Pensacola, Fort Myers, or anywhere in between, call a pressure cooker lawyer at the Law Offices of Jason Turchin today for free consultation at 800 337-7755 or submit your information online today.

What are my options if my Florida life insurance claim is denied or delayed?

Millions of dollars in Florida life insurance claims go unpaid every year as a result of improper denials of claims. When a claim is made for life insurance benefits in Florida, one of the first things the life insurance company typically does is look for a reason not to pay. This is a horrible way to treat policy owners and their beneficiaries who have been paying premiums for benefits often for decades.

elderly 1What types of life insurance claims have you been able to recover?

The Florida life insurance attorneys in my office have recovered millions of dollars in previously denied life insurance benefits for beneficiaries. Some examples of the life insurance claims that our office has recovered benefits for the beneficiaries are:

Benefits for a minor who has turned 18 – We represented to Florida beneficiary who was designated as the proper beneficiary on the life insurance policy through her mother, as she was a minor at the time the policy application was completed. The insurance company refused to pay her the benefits because she was not properly listed as the beneficiary. Our office was able to convince the insurance company to reverse their decision and with the consent of the mother, pay the full benefits to the child, who was now over the age of 18.
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Last minute beneficiary change – Our Florida life insurance attorneys successfully handled the life insurance dispute on behalf of several family members who for many years were designated as the beneficiaries under their father’s life insurance policy. Just a few short months before the insured died, his new girlfriend allegedly convinced him to change the beneficiaries and put her as sole beneficiary. A review of the insured’s medical records showed that he had been suffering from mental illness for a period of time and may not have fully understood what he was doing, or had made the change of beneficiary as a result of the undue influence of his girlfriend.

Life insurance policy canceled for nonpayment of premium based upon an inaccurate accounting by the life insurance company – Our office has handled several life insurance disputes where the policy was canceled because premiums were allegedly not received by the life insurance company. In one case, the policy owner sent a Western Union check to the life insurance company which they denied ever receiving, despite the policy owner having a receipt from Western Union. After several months of litigation, the life insurance company agreed to settle the claim.

Under some cases, like where the policy owner is over a certain age or where the life insurance policy requires, the life insurance company is required to send a specific notice letter to the policy owner before they are allowed to cancel the policy for nonpayment of premiums, even when the premiums were not paid. If they failed to send the proper notice letter, the policy may be paid even where the premiums may not have been paid to date. The law or the contract sometimes requires the life insurance company to send a reminder notice before they are allowed to cancel the policy. If they forget to send the notice letter, they may have to pay the claim.
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Claim denial for misrepresentation on the insurance application – Our life insurance attorneys in Florida have recovered millions of dollars in life insurance benefits even where a policy claim was denied for material misrepresentation on the insurance application. Oftentimes, life insurance agents complete the application on behalf of the policy owner or insured without asking them all of the proper questions. Also, many policy owners do not know all of the medical terms when they are completing the policy application. Many policies require that the applicant complete the answers only to the best of their knowledge and belief. If the person completed those answers based on what they knew and what they believed, then they did not technically misrepresent any of the facts on the application and may be entitled to the life insurance benefits under the law.

If my life insurance claim was denied in Florida, what can I do next?

You can call a Florida life insurance attorney in my office for a free consultation at 800-337-7755. Not only are we on call at night and on weekends for free consultation, our office also handles these claims on a contingency fee basis. That means that you never have to pay us any money out of pocket to investigate and pursue the claim on your behalf. We only get paid if you recover benefits.

If you have any questions whatsoever regarding an unpaid or delayed life insurance claim in Florida, please feel free to give me a call. We are happy to discuss your case with you!

 

MIAMI, FL (September 2, 2016) – Miami-Dade Police confirmed this past week that an 8-year-old girl died two days after being shot in the head during a drive-by shooting outside a northwest Miami-Dade home. According to news reports, the young girl was shot when two men pulled up in a black Ford sedan and started shooting.

No arrests have been made. Detectives are looking for the two men seen driving the getaway car. This happened in an area known for crime. crimescene

Homeowners and communities may have a responsibility to protect their residents and guests from crime which is foreseeable or preventable. Unless we hold these people responsible, crime may continue to put our kids and neighbors at risk of death or serious bodily injury.

For more information on negligent security claims in Miami, visit our website at https://www.victimaid.com/civil-claim-for-gun-violence-in-florida.html 

Disney World may be one of the happiest places on Earth. Disney generally takes good care of their property and rides, but sometimes people get hurt while in Disney World or at one of Disney’s resorts. Over the years, we’ve handled many claims of personal injury by tourists injured in Disney World. disney world - Copy

Personal injury claims are actually fairly common against Disney. Disney even has its own claims department to help settle claims when Disney caused or contributed to the injury. So, what can you do when you get hurt on Disney property and Disney may be responsible?

Reporting the Claim

You should report the injury to a cast member as soon as possible. Though not required to make a claim, an incident report helps Disney confirm that you were injured on their property. Since the report is generally made at or near the time of the incident, Disney may find this reliable.

Get Medical Attention

Many Disney parks have a medical center either run by Disney, or affiliated with them, with staff that can tend to many Disney park injuries. The medical staff can also summon an ambulance in the event of a more serious injury. Documenting your injuries are very important to getting compensation from Disney.

POLY_Tahiti-beach - CopyBe Careful What You Say

When a claim is set up with one of Disney’s claims representatives, they may try to get you to give a formal recorded statement. During these statements, they may ask you about the incident and your injuries. Keep in mind that Disney may try to use your statements against you in the event the case does not settle. They are also looking for ways to hold you responsible in whole or in part for the incident or aggravated injuries. It is best to wait until an attorney prepares you for the statement so you know what to expect ahead of time.

Don’t Negotiate Unless You Know How

One of the biggest mistakes we see is unrepresented people trying to negotiate with an adjuster, only to be disappointed and then they call an attorney. The adjuster negotiates for a living. You likely don’t. The adjuster knows what questions to ask to minimize your settlement amount, or how to talk to you to get you to agree on an amount far lower than your case may be worth.

We’ve handled many claims where we recovered a lot more money than the client was ever offered. In one case, a lady was on a ride that malfunctioned. One of the boats allegedly went off track and on top of part of the boat in front. The impact caused the park guest to strike her knee on the bench in front of her. She ultimately required knee surgery. Disney offered $5,000 to her before she got an attorney. We were able to resolve her claim for many multiples of their initial offer, and paid off all of her medical treatment, attorney’s fees, and got her money in her pocket for her pain and suffering. epcot

Types Of Incidents At Disney Which May Allow You To Make A Claim

We’ve handled many different types of injury cases against Disney. Some of the most common we see are:

Slip and Fall at a Resort – The resorts are huge and have many places where a guest could slip and fall. We’ve helped many guests injured at their resort from a slip and fall.

Slip and Fall at Disney World – While the parks are generally clean, the sheer number of guests make the possibility of substances on the floor to increase. If these substances are on the ground for a long enough time that Disney should have cleaned them, Disney could be responsible if someone gets hurt.

Ride Malfunctions – We’ve represented park guests injured as a result of various ride malfunctions. Rides may suddenly go in reverse. Boats can go off track and strike the boat in front.

Swimming Pool Injuries – Disney often has lifeguards around their pools to protect the guests. If a child drowns, or slips while walking around the pool area, Disney could be responsible if they were negligent.

Cast Member Negligence – Cast members who strike park guests with carts or are not careful and cause injury to the guest could make Disney responsible for all damages caused by the cast member.

Slip and Fall on a Ride – If Disney fails to clean the ride area after a rainstorm, or fails to warn the guests of wet areas it knows or should know about, it could be responsible for the park guest’s injuries.

General Negligence – Anytime a park guest is injured on property where Disney knew about the danger or should have known about it and failed to fix it, it could be held responsible for all of the guest’s damages.

General Tips

These are some general tips about Disney claim. Please feel free to contact a Disney attorney at the Law Offices of Jason Turchin with any questions at 800-337-7755 for a free consultation.

A recent report revealed that life insurance companies may owe billions of dollars in unclaimed life insurance benefits. NBC even reported that 1 in 600 people may be owed life insurance money. If you were contacted by a life insurance company recently about a life insurance policy and have questions, please feel free to contact my office for a free consultation at 800-337-7755.

Florida unclaimed funds
Unclaimed life insurance benefits may have been turned over to the State of Florida. Check the Florida unclaimed funds website to see if you may have unclaimed money. If so, we can help collect the money. Often, an estate needs to be opened to get the state to release the money. Our Probate department can help with that process.

Here are some helpful links to see if you may an unpaid life insurance policy:
Metlife: https://www.metlife.com/policyfinder/index.html
New York Life: http://www.newyorklife.com/my-account/unclaimed-funds-finder
Florida Unclaimed Funds: https://www.fltreasurehunt.org

courthouseNew Florida Life Insurance Law

A recent Florida life insurance law signed by Gov. Scott requires life insurance companies to notify beneficiaries when they learn of the insured’s death. The full text of the bill is available here http://www.flsenate.gov/Session/Bill/2016/0966/BillText/er/HTML. If you were contacted about a possible life insurance claim, we can help walk you through the process. Remember that you may only have one chance to apply for life insurance correctly.

This new law requires an insurance company, no later than 120 days after learning of the death of an insured, an annuitant, or a retained asset account holder through a comparison under the statute, to:

(a) Complete and document an effort to confirm the death of the insured, the annuitant, or the retained asset account holder against other available records and information.
(b) Review its records to determine whether the insured, the annuitant, or the retained asset account holder purchased other products from the insurer.
(c) Determine whether benefits may be due under a policy, an annuity, or a retained asset account.

(d) Complete and document an effort to locate and contact the beneficiary or authorized representative under a policy, an annuity, or a retained asset account if such person has not communicated with the insurer before the expiration of the 120-day period. The effort must include:

1. Sending to the beneficiary or authorized representative information concerning the claim process of the insurer.
2. Notice of any requirement to provide a certified original or copy of the death certificate if applicable under the policy, annuity, or retained asset account.

Life Insurance Payable To Estate

If the life insurance has no beneficiary, the life insurance company may try to pay the money to the Estate of the insured or owner. In that case, a Florida probate estate will need to be opened. The money will generally be distributed pursuant to Florida’s probate laws. If the person had a will, you should try to locate it. How money gets distributed depends on whether there was a will or not. If there is no will, the person is deemed to have died intestate and money gets divided differently sometimes than if there was a will.

For more information on Florida life insurance claims, visit us at https://www.victimaid.com/life-insurance-denial-and-disputes.html.

For more information on our Florida probate attorneys for life insurance claims, visit us at https://www.jasonturchin.com/probate-and-guardianship.html.

 

 

 

All photographs contained herein or on our Blog or other websites with our name on them are those of the respective copyright owner and not ours, unless we expressly state otherwise as to the specific photograph. Here is a link to one license: https://creativecommons.org/licenses/by-sa/3.0/us/. No changes were made.

 

Nearly every day in the news we hear about someone getting shot and killed in an apartment complex in Florida. Even more heartbreaking, is when the killer is never found, leaving the family seemingly without any means of pursuing justice for their loved one’s death.

So what could a family do if their loved one is shot to death in an apartment complex?Police Line

Remember that there may be two separate cases: the criminal case and the civil case. Most often, families focus on the criminal investigation. It is usually a frustrating process because the police are seeking to arrest a criminal for committing a crime against the state of Florida. They are not necessarily concerned about the rights of the victim. A victim in a criminal case is often looked at as a witness as opposed to an actual party to the case. If the police have no leads, they may not aggressively pursue the case at all. That may leave the family feeling helpless as if there are no other options. But there are.

The criminal case

Part of the criminal investigation seeks to preserve evidence necessary to prove that a murder took place. The police may look for physical evidence, may take witness statements, may review the surveillance video, 911 tapes, and other recordings. They may look at the crime scene photographs, and autopsy report. They may look at bullet casings, clothing, and any other evidence at the scene. They often try to pinpoint who the murderer was, and try to bring them to justice through a criminal proceeding.

Once a person is arrested, the state attorney generally takes over the handling of the matter. Their job is to pursue the criminal case against the perpetrator with the goal of putting them in prison. They may also seek restitution for the victim’s family, but restitution is often quite limited and inadequate.

When it comes to restitution in a criminal case, think about how any money will actually get paid. If the criminal is put in prison for the rest of his or her life, they may have no money at all to pay the victim’s family for any out-of-pocket losses.

If the criminal is never caught, despite the police investigation, it may leave the victim’s family feeling helpless. There may be other options, however, whether the criminal is arrested or not.gun 1

Figuring out how the crime occurred and whether it was foreseeable or preventable

From a Florida crime victim’s rights perspective, we see the criminal investigation as merely one aspect of the big picture of the crime occurrence. In addition to pursuing justice, families often want answers. Why did the crime occur? Why was the victim chosen? How could the crime have occurred where it did? Could anything have been done to prevent the crime from occurring? Was the crime foreseeable? These are some of the questions that a crime victim’s rights attorney seeks answers for.

Real life examples of Florida apartment killing victim civil claim

A young man in his 20s was shot to death in the parking lot of an apartment complex in Miami, Florida. The apartment complex is partially gated, and has no security officers on-site. There were CCTV cameras, but they were not working at the time of the shooting. The police investigated the shooting, took photographs, took witness statements, but had no leads. To date, they’ve never located the shooter.

When we get a shooting death case in a Miami apartment complex, we try to throw as wide of a net as possible to investigate the circumstances of the crime. One step we take is to determine whether or not there was insurance coverage taken out by the owners or property managers of the apartment complex. Often times, many apartment building owners have liability insurance in case somebody gets hurt or killed on their property and they are found to be negligent. In addition to liability coverage, there may also be medical payment coverage which would help pay for medical expenses incurred as a result of the shooting.

We also conduct a very thorough investigation of the crime. Many times our investigation goes even further than the criminal investigation. We try to obtain 911 tapes, crime scene photographs, the autopsy report, any medical records, fire rescue reports, police reports, witness statements, and any surveillance video.crimescene

We look to see whether the apartment complex owner, property manager, maintenance, or security company contributed in anyway to the person’s murder. Many crimes, particularly in high crime areas, may be preventable or foreseeable. When apartment owners, property managers, maintenance companies, or security companies know that crime may be likely on the property and fail to take adequate steps to prevent such a crime from occurring on their property, the court may find them legally responsible to pay for the person’s death.

When looking to see whether the crime was foreseeable or preventable, there are several things we may look into. We may pull the registration file of the property from the state of Florida’s business regulation department. We may request all zoning and property records on the property, including elevator maintenance records, code enforcement records, police call records, and any other licensing records. We may pull copies of every police report of prior violent crimes on or near the property, or crime grids of the surrounding area of the property.

If a lawsuit is filed against the property owner, property manager, maintenance company or security company in Florida, there are also several pieces of information we may request from them. We may request policies, procedures or manuals related to security on the property. We may look into budgets to see how much money was actually allocated to security versus other things on the property. We may consider background checks on all employees who were working at the time of the incident, and into their qualifications. We may look at the structural set up of the property and building to see what steps, if any, the apartment complex may have taken to provide security. We may look at other prior crimes on the property that the apartment building owner was aware of.

Each case is unique, and we try to tailor our requests and investigation to each particular case. Our goal is to get answers for the family, and hold all businesses who could have prevented the crime from occurring responsible for the wrongful death of the victim.crimescenestore

What can a victim’s family recover in a Florida apartment shooting death case?

In a civil case, the goal is to compensate the family for the loss of their loved one. We understand the no money in the world can ever bring the victim back, and the case itself is not just about money. However, when dealing with insurance companies in inadequate security or negligent security cases, the insurance company’s goal is to try to resolve the case if they believe that their insured was negligent.

When someone dies in an apartment complex shooting in Florida, it generally falls under Florida’s Wrongful Death Act to determine what claims may be made, who may make the claims, and who may be entitled to compensation.

One of our goals is to change the community. By holding apartment complex owners responsible for the wrongful death of one of their tenants or guests, we hope that in the future they will take the necessary security steps to prevent anybody else from getting hurt there. We are tired of absentee apartment complex owners taking hard-earned money for rent every month in lower income apartments, while failing to protect the safety of those very tenants that help keep those buildings alive.

The more these apartment owners are found responsible for failing to protect their tenants, the more responsible we hope they will be. When we file negligent security cases against apartment complexes in Florida, it forces their insurance company to evaluate the safety of the property. It also allows us to do our own independent assessment of the apartment complex’s security.

Putting the apartment complex on notice

Once you put the apartment complex on formal notice of a security claim, they may be forced to take more action to provide for the safety of its residents. If they fail to, they could be held responsible for any future crime which occurs on the property.

Insurance on apartment complexes in Florida

Most apartment complexes in Florida have at least $1,000,000 in liability insurance. This insurance is intended to pay the victim’s family if the apartment complex is found to be negligent in causing or contributing to the victim’s death, up to the policy limit. In addition to liability insurance, many Florida apartment complexes also carry medical payment coverage. This insurance generally pays medical expenses up to the policy limit regardless of whether the apartment complex was at fault. This coverage generally applies to guests of tenants in the apartment complex.

Orlando apartment complex shooting attorney

We recently worked with another law firm in Florida and resolved an Orlando apartment complex shooting case for $1 million. That was the policy limit for the apartment complex. The man lived in the apartment complex and was shot by an unknown person who fled the scene after the shooting. To date, he has never been found. Despite the fact that the criminal case has never been resolved, the man’s children were able to still bring a claim for negligence security against the apartment complex. After proving that the crime was foreseeable and preventable, and the apartment complex contributed to the crime, their insurance company took responsibility and compensated the victim’s family.

Empowerment

In the criminal case, a victim’s family often has little control. In the civil claim, the victim’s family is the one who actually brings the claim and has some control over how the case may progress. They also have much easier access to information, as they are the ones who hire the attorney to act on their behalf and can speak directly with their attorney to get the information.

As one of the goals of a crime victim’s rights case against an apartment complex is to get answers, the victim’s family may also be able to ask questions of the apartment complex through their attorney as deposition questions or other discovery means.

For more information on Florida apartment complex crimes and civil claims, please feel free to contact the Florida negligent security attorneys at the Law Offices of Jason Turchin at 800-337-7755 for a free consultation.

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