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Discrimination & Wrongful Termination In The Workplace

Throughout these difficult times, we know that one of the most important things amidst the current Covid-19 pandemic is to be able to keep our jobs. The ambiguity of the virus has placed doubt and uncertainty on our economy and financial security. Therefore, having a job during these moments becomes more crucial than ever.

However, we are aware that employers have not been understanding of their employees’ situations by unlawfully terminating their jobs, or engaging in discrimination in the workplace. We believe that you are here because you are desperately seeking answers on how to revert your situation. We are here to inform you that despite the pandemic, your employers still have to abide by those rights according to Florida law.

The truth of the matter is that you will need a Florida Covid-19 work discrimination lawyer to file a lawsuit in order to either restore your job, or receive benefits claims from your employer. Stay tuned for a detailed account educating you on what signifies both wrongful termination and discrimination in the workplace, and why you need an attorney to affront these issues.

Legal basis of Wrongful Termination

Despite the fact that most states in the United States operate by “at will” termination, there are instances where this is an exception. Furthermore, due to the rise of Covid-19 cases, many employers have acted on unlawful exceptions to the at-will notice. The following instances may qualify you to file a lawsuit:

  • Bringing up safety concerns: This is perhaps one of the most important reasons that signify a wrongful termination because the affected employee is being fired for promoting safety standards that must be legally met in the first place. In terms of Covid-19, this means that protocols of face mask wearing, personal hygiene, and sanitation are not being enforced within the establishment.
  • Pursuing a medical leave: Medical leave are lawful instances that signify a severe health condition that impedes the ability of an employee to adequately perform their job. Amidst the current pandemic, this legality applies more than ever before. You are able to file a formal wrongful termination lawsuit, if your employer decides to fire you if you are trying to recuperate from the illness from the comfort of your own home. Some employers may argue that the at-will termination applies to this circumstance, but they are wrong because the virus is actively impeding you from contributing to your livelihood.
  • Obeying a shelter in place order: These are mandated governmental decisions with the purpose of mitigating the Covid-19 virus, while pursuing to safeguard the health of the overall population. Furthermore, there are areas around the nation where local authorities order non-essential business to close operations throughout the shelter in place order. If your job is legally labeled as a non-essential place of business, your employer cannot fire you for choosing to follow the mandate.

Legal basis of discrimination in the workplace

The current pandemic has also paved the way for an increase in discrimination within people’s jobs. Employees are suffering the effects of targeted racism and wrongful accusations due to aspects of heritage or being in favor of abiding by the current health safety protocols.

Currently, there have been vast reports of employees being discriminated against because of their Chinese or even Asian background within the United States. The truth of the matter is that employers or even co-workers are believing that Chinese people have created the Covid-19 virus, absurdly calling it the “China virus.” As a result, a lot of employees are being discriminated against, fired, and taunted in the workplace. If this has, or is currently happening to you, be aware that by law you are still protected by the Age Discrimination in Employment Act (ADEA) and thus have every right to be compensated for any financial or emotional damages.

Available compensation

Now that we have reviewed the legal standards for both discrimination and wrongful termination throughout the pandemic, let’s delve into the possible settlements you may be entitled to throughout your claim. The following are:

  • Lost wages and benefits: are provided to an individual who was fired within the mentioned unlawful circumstances. Therefore, a specific amount of monetary compensation will be awarded to make up for the pain and suffering caused by a lack of income.
  • Emotional distress: in damages is currently being attributed to the mental trauma that Asian American citizens are subjected to during working hours. This is a type of discrimination that negatively affects productivity and mental health, while violating a basic code of moral ethics. For that reason, those affected are entitled to justice and reparation.
  • Punitive damages: These are labeled to specifically target an employer who committed either an act of discrimination, or pursued to file a wrongful termination during this pandemic. Not only will the affected individual receive their compensation, but it will reprimand the employer preventing him or her to behave in that manner again.

Hire an attorney

  • It is imperative that you acquire legal representation when seeking to battle the consequences of these unfair employer practices infringed upon you. An expert attorney will provide an objective form of legal counsel that will give you an advantage when filing your lawsuit. These are moments that can cloud your judgment when you decide to act on the basis of discrimination just because of the color of your skin or your heritage.
  • It’s best to act in a precise and calculated manner, which will deliver you concrete results instead of creating more financial and legal uncertainty. For that reason, a lawyer will speak to company representatives on your behalf, fill out the necessary paperwork, and represent you in court if a trial does occur. Be that as it may, you will already have a major advantage and will be closer to a fair settlement if a lawyer is by your side every step of the way.
  • Furthermore, an experienced attorney has certain assets that you personally have no access, nor the ability to compile. By that we mean, that they have the outreach to conduct a thorough investigation of the incidents that led to your termination or discrimination, thus creating a solid case for the success of your compensation.

Now that you are more informed on the value of your rights within the workplace, we hope that you feel more comfortable moving forward in seeking reparations tied to the mentioned unlawful practices. Furthermore, we are pleased to tell you that even during these unprecedented Covid-19 filled moments, the Offices of Scott J. Senft are here to provide you with the necessary care and legal skills needed to provide you with immediate solutions for your own situation.

Scott and his legal team will vehemently fight for your rights, while searching for the best legal outcome that benefits you only. In order to win perhaps one of the most important battles of your lifetime, you will need the help of Scott, a dedicated Florida Covid-19 work discrimination lawyer, that will always seek to benefit and promote your interests. What are you waiting for? Call them now!

Nursing Home Legal Representation

Nursing Home Legal Representation

We are all going through a very difficult time as we battle through the economic and emotional impact of the COVID-19 pandemic. However, we know that there are family members, whether they be parents, grandparents, or other loved ones, that have been further impacted due to their vulnerability to the virus. Within that older demographic, for whichever circumstance, many are forced to live in nursing homes. These are places that are supposed to guarantee the safety of our elders, especially in these chaotic moments even if their physical vulnerability is at an all time high. The staff within the nursing home is supposed to safeguard the health and well-being of those who live there. Unfortunately, throughout this period, there has been an increased pattern of negligence in care towards our elders within these establishments.

For that reason, we believe that you are here because a loved one may have been affected by a lack of responsibility and neglect within the home. If you believe that the facility failed to provide the basic standards for disease prevention, you and your family have every right to be monetarily compensated. For that reason, we advise you to stick around with us, as we provide you with a detailed account on how to file a lawsuit with a personal injury lawyer when dealing with nursing home neglect during COVID-19.

Grounds for Lawsuits

You must understand that those responsible for the well-being of the residents within the home, cannot justify their negligence on the pandemic. Furthermore, when dealing with nursing home legal protocol, there are three legal grounds that qualify for a lawsuit. The following are:

Pure negligence: Florida law demands that nursing homes maintain their most basic set of adequate care for their inhabitants. Clean facilities, fresh food, running water, and electricity are just some on that list. However, disease prevention is perhaps the most important goal that any staffer must uphold within the nursing home. Although the chance of transmission is high, it just takes one person to infect the entire nursing home. There are many reports of failure to sanitize common areas, inadequate food preparation, and refusal to wear masks within the homes. These would automatically qualify as gross negligence from those responsible.

Resident Bill of Rights tied to COVID-19: All nursing homes provide their residents with a Bill of Rights, enticing their rights and privileges within the home, as well as the staffer’s responsibility with their residents. These rights of course, are ever more important through the pandemic. If these become breached by lack of routine hygienic care and sanitation protocols, or the refusal of allowing residents to do their rightful exercise, a lawsuit must be pursued at once. That is because those three components can greatly contribute to the transmission of COVID-19 throughout the nursing home.

COVID-19 medical malpractice: This is perhaps one of the most serious cases of nursing home neglect because of the health hazard that it amounts. Medical malpractice may be called upon if the resident fails to receive routine medical checkups, virus testing, and is negligently exposed to infected staffers or other residents.

Possible sets of legal compensation 

If any of the mentioned grounds for lawsuits are proved, you may be entitled to the following settlements with compensation:

  • Summed medical care for the consequences of viral transmission, as well as any costs added due to pre-existing medical conditions on top of the viral infection.
  • Hospital stay costs, if the infection becomes severe the patient will be treated in the intensive care units for an indefinite period of time.
  • Loss of quality of life expenses become vital especially throughout the patient’s recovery period. Even if the victim survives the infection, the long-lasting health effects will diminish the person’s quality of life, thus making compensation necessary.
  • Pain and suffering.
  • Mental and emotional pain compensation.

Necessity of hiring a lawyer 

The truth of the matter is that filing a nursing home COVID-19 neglect lawsuit is not an easy task. Whether you’re the victim or your loved one is, the chances of you winning a settlement without legal representation are extremely slim. You need a Covid-19 nursing home negligence attorney to help you with the necessary paperwork, do the talking for you, and add value to your claim.

How will she or he do this you may ask? Simple, the attorney will begin by constructing a thorough investigation of the facts that led to gross negligence. Questioning staff members, gathering witnesses, and analyzing the sustained damages will fortify your lawsuit. Having a lawyer by your side will cause those involved to actually provide you with honest answers on what led to a possible viral infection within the nursing home. You might be frustrated to find out that without a legal representative by your side, those responsible will opt to lie and create deceit. If your case goes to trial, your attorney will have the ample and necessary experience in seeking to protect your own or loved ones’ rights.

Now that you are more educated on the legal complexities regarding nursing home negligence throughout this pandemic, we hope that you will opt to hire a Covid-19 nursing home negligence attorney for the job. Furthermore, in order to do the job right, we are pleased to inform you about the legal services of the Offices of Scott J. Senft The Lawyer. Scott and his team are a set of competent legal attorneys that are ready to represent you in the protection of your rights, while also seeking to win your settlement. With ample experience in the field, Scott and his attorneys will find every legal avenue possible so that you can attain the compensation you deserve. With locations in South Florida and Portland, Oregon, he is at your complete service. What are you waiting for? Call them now!

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. 

Heated Conversation Between Employees

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!

Child Personal Injuries: You’re Not Alone

We are aware that a parent’s primordial goal is keeping them safe from any type of impending danger. Despite that truth, a child’s essence is set to explore, play, and learn. While our children grow and play, accidents can occur at any given moment leaving us helpless and confused.  According to the Center for Disease Control (CDC), one out of five child deaths is due to preventable personal injuries. Children are vulnerable individuals that do not possess the mental or physical strength to protect themselves when faced with dangerous situations. 

Various circumstantial events can define the type of child-related injuries and legally, terms such as premises liability, personal injuries, and product liabilities will affect your claim for legal or monetary compensation. Therefore, when your child suffers any type of personal injury, you need to be represented by a competent legal professional that will protect your child’s rights. Stay tuned for a detailed account of the benefits of hiring a personal injury attorney.  

Types Of Child Related Injuries

  • As mentioned before, children are most at risk because of their size, innocence, and nature. For that reason, motor vehicle accidents cause a lot of damage to children every year. This includes instances of driver negligence committing hit and runs, or fatalities due to defective seat belts throughout the car ride.  
  • Swimming pool-related injuries are a leading cause of wrongful childrens’ accidents, at times resulting from broken bones to even death. It is important that you are aware of the rights you’re entitled to, since property owners may look to undermine your claim. Individuals that are in charge of public pools for example, will try to use the “swim at your own risk” line to diminish your damages. Do not let them do that, your child still has certain rights and the need to be respected. Hiring a legal expert will circumnavigate you across these false accusations. 
  • Child poisoning is an unfortunate reality that leaves the victim with lifelong repercussions, and even death. The offending party may have contributed to the accident on the pretense of leaving things like hazardous chemicals in reach of the child. At times, many incidents occur due to paint poisoning. Toddlers may ingest wet paint because they simply do not know any better, but the legal issue stems from the failure to take the necessary precautions in avoiding such instances. Even more, there always needs to be a sign informing the public of the impending danger. If this is not available, you are entitled to compensation immediately.
  • Injuries caused by falls tend to occur because the party at fault has failed to maintain a securitized environment for the child. Places like businesses and schools need to meet the necessary safety codes so that personal injuries of this nature do not occur. For that reason, if a personal injury attorney finds negligence in this area, your child is entitled to rightful compensation. 
  • Fire accidents can ignite themselves in the blink of an eye. Children are thus more vulnerable in comparison to any other age group because they lack the mental and physical stamina needed to reach immediate safety by themselves. 
  • Birth-related injuries caused by medical malpractice may not only affect your child but also your own well-being when giving birth. If proven that the people in charge of your child’s birth did not act accordingly, the damages to both of you could be monumental. You need an experienced attorney to take care of all the legal complexities of your claim, while you recuperate from your physical damages. 

Reasons for Legal Representation

The aftermath of child-related personal injury portrays perhaps one of the most complex legal battles around. A mere child cannot file a claim by himself or herself since the legal age has to be 18 years to do so. For that reason, the parent or legal guardian has to file the claim on behalf of the child. It is important to do all the paperwork with an experienced attorney, so that a just reparation can be delivered to your child. If the accident affects your child’s quality of life for the rest of his or her life, the attorney will make sure the compensation covers future medical bills. Also, it is common that a trust is created to make sure your child does not suffer financial burdens if the injury leads to a lifelong disability. 

Woman With a Bandaged Hand Proving a case of negligence resulting in the harm, injury, or death of your child is something that you cannot do alone. These are intricate legal obstacles that only a trained legal expert is able to decipher. Your job is to explain the incident to the attorney, so that he or she may begin an investigation. Within that process, there will be a collection of evidence and key witnesses, in hopes of building a case that deduces negligence by those at fault. If the claim is labeled as medical malpractice, it must be proven that the healthcare practitioner knowingly failed to adequately perform his task with the same skill that another colleague would carry out correctly. Similarly, if the injury is due to a car accident, it must be proven that the person at fault failed to operate safely in the same conditions that everybody else was driving in.

Claim Time Frame

It is imperative that you are also informed correctly of the time limit you have to formally state your claim after your child’s injury. The time frame of this matter is called the “statute of limitations.” It defines the period of time you, as a legal guardian, have to announce a claim before it becomes legally unviable. In other words, before you run out of time. The issue is that statutes of limitations can vary depending on the accident and injury. For that reason, it is crucial that a personal injury attorney advises and walks you through the whole process, so that you do not lose any valuable time. Be advised that when it comes to wrongful death outcomes, legal guardians only have two years to file a claim.  

We are certain that you are now more educated on the complexities of child-related injuries, alongside their legal repercussions. You must understand that you cannot embark on this journey alone, you need to be guided by a competent and experienced professional throughout this whole painstaking process. For that reason, we urge you to call the offices of Scott J. Senft the Lawyer, with locations in Dania Beach and Boca Raton. Scott J. Senft, alongside his expert attorneys, will vehemently fight for your child’s rights so that your family can receive the compensation you deserve. Don’t hesitate and call us now!

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