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Slander? Not On Our Watch

According to the Florida Bar Association, defamation is defined as an intentional action to tarnish the reputation or good name of another person, with slander or libel. The truth of the matter is that this can happen to anybody, placing jeopardy on your merits, goals, and livelihood. In one of our previous articles, we defined the legal definitions of specific instances of defamation on the basis of libel, and public opinion on these matters. These terms are extremely important when it comes to the judicial process of your case. Nonetheless, today we want to offer you a detailed account on the specific complexities regarding slander only, and why it’s crucial that you hire a lawyer when seeking to attain justice and compensation. 

Before we proceed, we wish to remind you that you have the complete and utter right to defend yourself, especially when someone else decides to attack your reputation on the basis of misinformation, deceit, and ill intent. However, you cannot achieve this task alone. You will need the expert guidance of a defamation lawyer in South Florida in order to protect your rights, provide counsel, and attain your reparation. 

 

The Costs

The popular saying goes “nothing in life is free.” Well, as much as we wish that there wasn’t so much truth to that, defamation cases represent that saying one hundred percent. Even so, these cases are one of the most expensive within legal practice. However, there is no need to be discouraged because if you hire a lawyer for your defamation case, the firm tends to pay for all legal costs throughout the case. Too good to be true? Not at all, this is because, within a defamation case, the expenses tend to rise since the attorney needs to create a thoroughly precise investigation. The firm will take care of rounding up key witnesses, evidence, and interrogations.

 

Legal Basis Of Slander

Now that we got the costs out of the way, and you are aware that your biggest advantage in attaining justice resides in the economic coverage of a law firm to validate your suit, let’s get into specifics. 

  • When delving into the essence of slander, an intent of ill practice against your well-being has to be proven. However, this has to be a statement that is formally published against your will and an utterly false piece of information creating harmful repercussions. Furthermore, the restatement of torts defines defamatory statements as communication that tends to harm the reputation of another, lowering him in the estimation of the community, or with the purpose to deter third persons from associating with him.  
  • We mentioned above that a defamatory statement has to be published. As we define publication within this case, we must define it as anything qualifying a communication of the information to a third party. Videos on social media, posts on public property, or shared voice recordings will suffice to be categorized as negligent slander. 

 

After getting your facts straight regarding slander, you will have to proceed with actually filing your case. As complex as it may be, your attorney will facilitate the following tasks when suing: 

  • File the original complaint: By filing the complaint, the lawyer will help you validate the document that begins the lawsuit.
  • Serve the complaint: After you file the complaint, your attorney will help you officially “serve” the defendant following the service rules in the State of Florida.
  • Conduct the discovery: After the service is completed, you and the defendant will send each other all the pertinent questions involved with your case. You will also be required to provide documents that heighten the value of your claim. Your attorney will be able to guide you through this process, counseling you on how to prepare those documents.
  • Attend the settlement negotiations: This is the point where you decide whether to settle the case or go to trial. Your attorney’s advice will be very useful as they have ample experience on these issues. Therefore, depending on the circumstances within your case, he or she will advise which is the best route to take moving forward. 

 

Now that you are more educated on the to do’s when deciding to move forward with a defamation case, specifying on slander, we hope that you will opt to hire a legal expert that will vehemently fight for your rights at all legal costs. Furthermore, we are pleased to inform you that the Offices of Scott J. Senft, The Lawyer, are equipped with the most competent, professional, and result-driven attorneys in the South Florida area. They have the necessary experience necessary to deal with the complexities that arise with a slander case. Pick up the phone, and call them now!

Gender & Sexual Discrimination at Work

The United States is one of the nations around the globe that possess a high number of instances of discrimination in the workplace based on gender & sexual orientations. Those who suffer these attacks are subjected to terrible slurs that shatter their entire being. This type of discrimination also affects people’s mental health and violates all codes of ethics within the workplace. According to recent studies conducted by the Center for American Progress (CAP),  between 11 and 28 percent of lesbian, gay, and bisexual (LBG) workers are subject to not receiving a promotion because of their sexual orientation. Meanwhile, 27 percent of transgender workers were reported being fired, not hired, or denied a promotion in 2019. 

These same numbers permeate further into workers suffering from psychological and physical trauma as a result of workplace discrimination. 68.5 percent of these workers reported mental trauma, while 43.7 mentioned that their physical well-being was also negatively impacted. Beyond the immediate effects that this type of discrimination inflicts on employees, the gravest issue is that before anything else, they are human beings whose rights are actively being infringed upon. Let us inform you then, that just because you need to keep your job in order to survive, does not mean that your rights have to be stepped on whenever either your work colleagues or employers think it’s okay to do so.

We are here to tell you that you deserve to seek reparation and legal compensation from those who have violated and discriminated against your sexual orientation and gender. These are two things that make up who you are, and are something that cannot be infringed upon at your place of work. To do so, however, you will need the help of a gender and sexual orientation discrimination lawyer in South Florida so that he or she can provide you with the necessary skills and tools to successfully attain a beneficial settlement. For that reason, we ask you to join us so that we can provide you with the pertinent legal information of this discrimination in the workplace, and why it is imperative to hire an attorney when you tackle these issues. 

Legal implications of Gender & Sexual Discrimination

You must be aware that gender discrimination is formally forbidden under federal and Florida laws. Due to those laws, an employer cannot treat their employee or job applicant in any adverse manner based on their gender. For example, if a woman who is more qualified than a man to carry out a specific job may be able to file a gender discrimination claim if the employer hires or promotes the man (who is less qualified) instead. On the other hand, federal and state laws do not specifically protect employees from suffering discrimination on the basis of their sexuality. However, Miami is one of the several Floridian cities that has established specific rules that work to prohibit sexual orientation discrimination. Be advised that employers may not discriminate against their employees because of their gender identity. 

Oftentimes, employers feel empowered to discriminate against their employees because they know that a person’s job defines their livelihood. People who are discriminated against are thus forced to endure the trauma because they cannot afford to stop earning an income. We are here to tell you that the aforementioned laws protect you from these terrible illegalities and that you have every right to pursue legal action. 

Male colleagues pointing fingers at upset female boss on meeting, tired sad woman leader experiencing gender discrimination at work, businessmen blaming bullying depressed businesswoman for mistake.

Steps to take alongside an attorney

Now, let’s go ahead and review what you should do if you feel like you’ve been discriminated against on these topics within your place of work.  

  • Before anything else, you will have to understand that you will have a total of 180 days to file any claim on the basis of workplace discrimination. This of course, also applies to sexual and gender discrimination. A competent lawyer will assist you in the process of filling out the necessary paperwork, as well as submitting to the pertinent authorities.  
  • When moving forward with the case, compensation will vary on what specific aspects of rights violation occurred within the workplace at the time of the alleged act of discrimination. These could include the following:  
  1. Negligent or intentional infliction of emotional distress.
  2. Harassment: In this case, harassment would entail any behavior that causes emotional distress, but serves no legitimate purpose other than to hurt the affected individual. 
  3. Invasion of privacy: This would entail that at the moment of discrimination, the aggressor taunted, embarrassed, or insulted a private aspect of the victim’s gender or sexual orientation. 
  4. Wrongful termination: To reiterate, it is unlawful to fire someone because of their gender preferences or sexual orientation. These instances would qualify as unlawful termination. An experienced legal representative can thus help you identify these instances of discrimination, so that you may have a more defined and strengthened argument when you formally present your lawsuit. 
  • Your lawyer will strive to protect your rights abiding by the Equal Employment Opportunity Commission (EEOC) which supplies legal mandates on these types of discrimination cases. The benefit of calling upon this establishment is that it adheres and is validated by Title IV of the 1964 Civil Rights Act. These accords are of course assets that only your attorney has the knowledge and utility of. Therefore, by hiring an attorney, your rights will be protected and validated by a professional that knows the implications of these legal proceedings. 
  • If your case goes to trial, your attorney will have the ability to formally present his or her gathered evidence, on the proven discrimination that occurred within the workplace. This investigation is a powerful advantage to have since it will show proven facts, witnesses, and corroboration of gender and sexual orientation discrimination within the workplace.  

 

We now feel that you are more educated on the legal complexities, regarding what it truly means to be discriminated against just because of your gender or sexual orientation. This goes beyond just a problem in the workplace. The truth of the matter is that this is an issue of intolerance and illegality. We wish to inform you at the Offices of Scott J. Senft The Lawyer, Scott and his team are a set of legal experts ready to take your claim. They fully understand and share the empathy of what it means for your dignity to be trampled on in such a foul manner. They will vehemently fight for your rights and will work tirelessly to deliver you the compensation you deserve. With two locations in the area, he and his team are the best gender and sexual orientation discrimination lawyers in South Florida. What are you waiting for? Call them now, you deserve justice!

Car Accidents: You Need Representation

Car Accidents: You Need Representation

Car-related accidents can happen at any given moment, leaving you with physical and financial repercussions. You are most likely here because you have been the victim of a car accident injury. There are several factors that can alter or cause these incidents, though oftentimes, the individual who suffers the worst damages is never the one at fault. 

Statistically speaking, in the United States, there are about six million car accidents a year. Within those accidents, three million suffer mild to severe injuries, while 90 people a year, unfortunately, die from their accidents. Also, 2 million people have to deal with lifeline sustained injuries after their accident. While these figures are pretty worrisome, we are pleased to inform you that if you have been the victim of a car accident-related injury, you do not have to go through your process alone. 

Quite the contrary, we advise that due to forthcoming medical bills and insurance claims that will be involved, that you be legally advised at all times. Stay tuned for a detailed account of the types of car accidents, the legal consequences, and why legal representation is a viable solution. 

 

Causes of Accidents 

Alcohol consumption is a leading factor in producing car accidents worldwide. Not only can they result in severe injuries, but also in tragic deaths. In the United States, about 40% of car accidents are tied to alcohol abuse behind the wheel. Victims of this type of negligence are forced to endure both emotional and physical trauma, as a result of poor decision making. Oftentimes, the inebriated individual ends up without a single scratch, while the victims’ lives are completely turned upside down with pain and suffering. 

When you act as a careful driver and are simply trying to get from point A to point B, an irresponsible individual who speeds right past you is an accident waiting to happen. Speeding causes 30% of all automobile-related accidents. It is an unfortunate practice that entails a lack of empathy and compassion for other fellow drivers. A person who speeds above the legal limit puts everybody else’s lives at instant risk. The issue at hand with speeding incidents is that the person at fault will try to leave the scene since they are already going at an outrageous speed. The task to acquire the compensation you deserve, alongside dealing with the insurance companies will become much tougher. You cannot act alone when filing your legal claim if this occurs.

Similar to speeding, reckless driving also causes great distress when driving on the road. It accounts for 33% percent of car accidents in the country. Things like texting and driving, falling asleep on the wheel, or emotional driving can lead to terrible consequences. Depending on these circumstances, your claim may be easier or more difficult to prove. Do not under any circumstances believe that you will have the ability to resolve the legal implications of your accident by yourself. 

Handicapped executive sitting

Legal Expertise

Under these circumstances, an attorney will protect your rights by protecting you from the other insurance companies’ legal representation. They will bombard you with irrelevant information and threats that seek to overwhelm you so that your claim settlement can be less than it is supposed to. They will speak for you and deduce only the relevant information in your case. The less stress you have, the more time you have to focus on recuperating from any injuries. 

A lawyer will strengthen your claim by utilizing their vast resources within the legal field. When analyzing your case, they will manage to create their own investigation based on the facts that occurred in the accident scene. Your attorney will compile evidence and gather key witnesses to strengthen the narrative of your damages. By doing so, you will receive the compensation you deserve. 

Determining the value of your claim is a task that only a competent attorney can prove for you. It is highly unlikely that you will be able to receive an accurate settlement without your attorney completing the necessary steps: 

  • Determining the current Florida statute of limitations.
  • Case law procedures. 
  • Handling conversations with the insurance company. 
  • Calculating the monetary value for your damages, as well as non-economic consequences from your accident. 

 

Legal representation at trial is an event that might occur if your claim goes to court. You cannot afford to enter a hearing without legal representation. If that’s the case, there is a very slim chance that you will win your settlement. Do not let this happen to you, a lost settlement will be more costly than anything else.  

We trust that after reading this article, you will opt to make the right decision that will guarantee the full protection of your rights. By hiring a car accident injury attorney your damages will not be in vain. We are pleased to inform you that the Office of Scott J. Senft The Lawyer, has experienced trained professionals who will valiantly fight for your rights. They will make sure that you receive the compensation you deserve due to someone else’s negligence in a car accident. With two locations in South Florida, one in Dania Beach and Boca Raton, they are eagerly waiting for your call. Don’t wait another minute. Contact Scott J. Senft as soon as possible!

Substance Abuse Leading To Personal Injuries

Substance abuse is one of the leading factors in accidents and personal injuries not only in the United States but around the world. The National Survey on Drug Use and Health (NSDUH) held a 2019 survey and recorded that 19.5 million Americans, aged 12 or older battled with drug addiction or substance abuse. 74% of American adults who suffered from substance abuse disorder dealt specifically with alcohol addiction. Similarly, 38% of people in the United States handled illicit drug substance abuse. 

This is an issue that affects every aspect of the abuser’s life, whether it be in their personal or professional environment. It limits the person’s ability to be present and focused on their jobs, careers, and family duties. Substance abuse creates a daily dependency on the drug, hindering the individual’s ability to be in touch with reality. It also creates traumatic events, leaving behind victims along the way. Someone who gets behind the wheel, or shows up to work not sober can destroy people’s lives in the blink of an eye. 

If you have ever been the victim of negligence due to substance abuse, we are here to inform you that you deserve to be compensated for your injuries. Stay tuned for an informational account on the different sets of possible accidents, and why you need to be legally represented when faced with a substance abuse personal injury.  

 

Injuries from Accidents

Impairment from alcohol or other drug substances dramatically increases the chances of all road traffic-related incidents. In the United States, about 40% of all youth traffic-related deaths are tied to alcohol consumption. These are unfortunate events that leave broken families due to poor decision making. Inebriation at the wheel causes the driver to lose reaction time and reflexes. Those who accompany the driver within the vehicle, however, possess a higher death rate on average. This means that the driver is more likely to survive from the accident, while pedestrians and other passengers will likely suffer a tragic death. Keep in mind that people who drive under whichever influence will suffer from the following impairment on:

  • Motor Skills
  • Perception
  • Coordination
  • Memory
  • Concentration

 

Injury in the workplace due to substance abuse is recognized as a fundamental problem not only in the United States but worldwide as well. The World Health Organization (WHO) and the International Labor Office (ILO) have recorded that 75% of illicit drug users are employed individuals, meaning that within almost every workplace there is one employee with a substance abuse problem. Employees who arrive impaired to work become a full hazard to the rest of their fellow employees or customers. The probability of a personal injury in the workplace increases by more than 60%. Workplace accidents thus become a severe public health issue that can take the lives of innocent people, while also decreasing revenue and productivity. In the United States for that matter, $100 billion is annually spent due to work-related injuries or illnesses.  

Injuries in the home due to substance abuse tragically occur regularly within families and can be reflected as either domestic abuse or in property damage. Family members who suffer from alcohol or any other drug consumption abuse may inflict emotional and physical torment on their loved ones. The lack of conscience and perception of reality causes individuals to become violent and abusive towards their spouses, husbands, or children. Personal injuries may also arise from negligence towards private property. Risks of fires, flooding, and other damages can dramatically increase, as those who are under the influence lose sight of the consequences to their poor decision making. In even worse cases, people who manufacture their own drugs, like methamphetamine or marijuana, can put a whole neighborhood at risk. 

 

Legal Representation

The mentioned situations above can leave you traumatized and without any possible answers. We know how painful it is to be the victim of a personal injury due to negligence via substance abuse. However, you do not have to be alone throughout your legal process and recovery time. You need professional expertise that will protect your rights, and grant you the compensation you clearly deserve. 

If you have been the victim of a car accident due to the other driver’s negligence and drug abuse, you will immediately need to hire a personal injury attorney so that he or she may help you with filing your claim or lawsuit. One of the reasons you need an attorney is because Florida is a “no-fault state,” and thus a Personal Injury Insurance claim (PIP) will be opened to treat your injuries. Following that, you will need to get in contact with the other driver’s insurance since they were at fault. Now, this is where it becomes tricky, as even if it is proved that the driver was under the influence, insurance companies may try to undermine your claim. They’ll try to divide the blame into all sorts of outrageous excuses. To avoid this, it’s better than a trained legal expert does the talking for you.

When your damages are far more serious than a simple broken tv or scratched bumper due to another’s negligence, it is crucial to have legal representation. By serious injuries, we’re discussing the death of a loved one, physical abuse, or a lifelong disability caused by a substance abuser. These are processes that entail different kinds of reparations and protocols. Personal injury attorneys will build a case around gathering the evidence linked to the damage, alongside the future consequences that you or any other loved ones will suffer because of that negligence.

Once that is proven, the attorney will opt to file a “civil lawsuit” to claim rightful compensation since the substance abuser was arrested for their offense against you. Other benefits of legal advice include:

  • Expert negotiation.
  • Connections to proper medical attention.
  • Help you make calculated decisions.
  • Quicker compensation. 
  • Grant you peace of mind.

 

Now that you are more aware of the complexities of dealing with the consequences of an injury due to substance abuse, we trust that you may feel more comfortable in moving forward. The most important takeaway from this article is that you cannot be alone when dealing with the aftermath of any injury related to substance abuse. However, we are pleased to inform you that there is a competent, professional, and efficient law firm ready to resolve your specific circumstance. The offices of Scott J. Senft, located in Dania Beach and Boca Raton are ready to take care of you. The more you wait, the more difficult it will be for you to receive the compensation you deserve. Call us now!

Reckless Driving: The Covid-19 Pandemic

We are more than certain that these are perhaps the most uncertain and unprecedented times. The Covid-19 pandemic has brought us fear and financial burden. However, even throughout these unorthodox circumstances, the likelihood of incidents or damages created by reckless driving is more present than ever. Do not for even one second believe that just because there are supposedly fewer people on the road, that there will be fewer instances of reckless driving and automobile accidents. 

According to recent reports by local law enforcement, there has been a national increase of 7% in citations, instances, violations of reckless driving within the United States. Transportation officials have stressed that many drivers are viewing less congestion of vehicles as a window of opportunity to get into their cars or motorcycles to perform acts of racing competitions, violation of Covid-19 curfews, and general speeding. As always, a lack of driving responsibility leads to deadly or negative life consequences. We want to make it clear to you that if you have been the victim of a reckless driver, you are more than entitled to receive a lawful compensation if his or her actions have cost you physical and emotional damages. We vehemently want to remind you that you are not alone during these unfortunate times because the law is on your side. 

There is a due process involved that will guarantee that you are compensated for your suffering, especially when those at fault decide to violate regulations that have become even more rigorous due to the pandemic. Nonetheless, it is equally as important to state that you will not be able to seek justice on your own. Rather, you will need to hire a Covid-19 reckless driving accident lawyer, one of which will guide you throughout your legal battle. Please stay tuned throughout this detailed account on the current factors of reckless driving during Covid-19, and why it is important to hire an attorney when tackling these issues.  

Speeding & Drag Racing

State and local authorities are very concerned with the increase of organized informal races on public roads. These are hazardous events that place the lives of pedestrians and other drivers on the road in jeopardy. These events have been occurring since April, and have injured various essential workers such as nurses or doctors, and regular people that have to go and come back from work. The issue is that these are individuals who flee the scene, so it becomes extremely difficult for a victim to be able to identify the aggressor without the help of a competent attorney. Several states including Florida, have noted an increase of at least 42% in speeding tickets ever since mandatory quarantines have been placed. Unfortunately, one would assume that with the onset of the virus, people would be more empathetic in the well being of others as well as being more receptive to mandated laws. However, that is not the case. Please note that if you undergo any damages, starting from a minor crash to a worst-case scenario hit and run type of situation, you are entitled to seek a rightfully owed compensation. 

 

Evidence linking Covid-19 to reckless driving 

The renowned data company, Zendrive, has made the effort of acquiring substantial miles worth of driver data that managed to portray how exactly the current pandemic has influenced driving skills and behavior. Zendrive’s researchers also analyzed behavioral data from the five weeks before to the general March 16 lockdown and then proceeded to compare it to the first five weeks of the actual lockdown. By doing so, they gathered the following results:

  • A recorded 27 percent increase within the number of vehicle drivers that exceeded the mandatory speed limit.
  • There was an alarming 38 percent increase in drivers who utilized their phones to text and justified their decision making because there were fewer cars on the road.
  • A recorded 25 percent increase in hard braking due to distracted driving.
  • The number of collisions per 1 million miles increased by at least 20 percent. In other words, fewer crashes but more serious and fatal collisions.  

 

Pandemic effect on law enforcement 
  • Despite the fact that as we mentioned, there has been an increase in police citations and speeding tickets, several police departments are also urging police officers to make fewer stops unless they’re extremely necessary. The idea is that by making less stops, there will be a lower chance of transmission if traffic flows and there is not too much interaction between officers and drivers. 
  • However, this can be seen as a double-edged sword because a lack in the presence of law enforcement is actively enabling the onset of reckless driving. Overall, this pattern “police relaxation” seems to be unfortunately further jeopardizing the lives of reckless driving victims. For that reason, a competent attorney would also utilize that occurrence to add value to a potential personal injury claim

 

Hire a lawyer 

Now that you are more informed on the current facts regarding the complexities surrounding reckless driving throughout these times, let’s go ahead and review the benefits of acquiring legal expertise when you decide to seek justice. 

  • If you have been involved in the crash, not only have you sustained physical damages, but there is also the risk of contracting Covid-19 if the other driver, police officers, or medical personnel approach you. Be aware that the pandemic is a risk that can affect your quality of life and for that reason, the probability of contagion will be added onto your claim especially if the at-fault party is not wearing a mask. 
  • Your attorney will assess the damages of your car, body, and emotional trauma sustained in the accident. By compiling the necessary evidence proving them, your compensation will provide monetary relief for those specific damages. 
  • Serious injuries from a reckless driving accident could impede you from being able to work for a long period of time resulting in loss of income. No income also means stressful headaches, especially when your medical bills begin to pile up. Nonetheless, you deserve rightful compensation for any of that lost income, especially when you need to pay off your incoming medical bills. Furthermore, if your injuries are classified as permanent, or your damages result in impairments that force you to seek a lower-paying job, you may also recover compensation for future losses of opportunity.  
  • Also, please note that achieving compensation in Florida for pain and suffering is attained by accurately exemplifying the overall negligence claim, to the at-fault party’s insurance company. At that point and time, your attorney will divide up your damages into economic assets such as medical bills or lost wages as well as non-economic damages like emotional trauma. 
  • An expert attorney will fight for your rights, especially in such an unprecedented time that is driven by a virus that is inflicting terrible uncertainty in all of us. Throughout your legal battle, your lawyer will provide you an objective view of your process in a time where your emotions may not be as stable. A steady and reasonable voice of reason will guide you expertly through your case. 

 

We are confident that with the given information you may feel more knowledgeable of the facts surrounding a reckless driving accident. Perhaps the most important aspect of the article is that you understand that without a Covid-19 reckless driving accident lawyer you will not be able to attain the compensation that you deserve. For that matter, we are pleased to inform you that the Offices of Scott Senft The Lawyer will provide you with all of the legal tools and necessary expertise to successfully guide you through your legal battle. Scott and his team genuinely wish to aid you in your most difficult moments. They are ready to take your case and compile all of the necessary steps to build a strong argument that truly gets you reparations for your damages. With two locations in South Florida, Scott and his team are ready to take your call!

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