In early April, the Florida Health Care Association (FHCA) sent a letter to Governor Ron DeSantis asking for conditional immunity against liability for organizations providing COVID-19 related treatment. While granting this protection may allow Florida nursing homes, long-term care facilities, and health professionals to make hard decisions in a difficult time, filling this request could come at the cost of your loved one’s safety.

The FHCA represents 600 of the 700 long-term care facilities in Florida, and their request for conditional protections from criminal and civil liability claims may jeopardize the lives of many residents and elders across the state.

Immunity Conditions Asked for by the FHCA

A letter sent on April 3, 2020 by the FHCA Executive Director asked for immunity from liability claims in cases where harm or damages resulted from an action or lack of care related to treating COVID-19. The letter specifies that immunity should be granted under some conditions, including ones where an action or lack of service was provided in good faith.

Additionally, the FHCA director notes that immunity is not being requested in cases where an intentional criminal act occurred. This includes harm or damages resulting from gross negligence, reckless misconduct, or intentional harm.

COVID-19 in Florida Long-Term Care Facilities

This request comes at a time where nearly 1,000 Coronavirus cases have been confirmed in over 90 Florida long-term care facilities. Moreover, there are currently no regulations requiring facilities to inform families whenever a resident or employee has tested positive for COVID-19. Similarly, the Department of Health is currently not disclosing which facilities have confirmed cases of COVID-19.

Contact a Nursing Home Abuse Lawyer Today to Hold Care Facilities Accountable for Negligence

The experienced nursing home abuse lawyers at Domnick Cunningham & Yaffa believe that protections against elder care negligence should never be compromised. Even in a pandemic, our elderly loved ones should be protected against abuse and deserve the best care available. Whenever a healthcare worker fails to provide care or gives poor treatment, they should be held accountable.

If you suspect that your loved one may be the victim of elder abuse, an experienced attorney could advise you of your rights and guide you through the claims process. Our knowledgeable legal team could defend your family’s rights and bring accountable parties to justice. Contact us today for a case consultation.

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The days and weeks that follow an accident can be very confusing, especially if you become injured while traveling to Florida from Ireland, Scotland, or the United Kingdom. If you are still in Florida, you should speak to an attorney before you return home. Even if you have already gone home, it is not too late to file a claim.

Compensation may be available to travelers who are injured in vacation accidents caused by another party’s negligence. Regardless of whether you are still in Florida or have headed back home, a skilled international tourist injury attorney can help you get it.

If You Are Still in Florida

Ideally, if you are hurt in Miami, you should speak to an attorney before going back home. Retaining legal representation as soon as possible after an accident is typically best practice because waiting too long could result in the loss or destruction of evidence over time.

When you speak with them immediately after an accident, a lawyer has a better chance of protecting your rights throughout the entire legal process. They can offer guidance on what to say and what not to say to opposing parties as well as collect crucial evidence while it’s available and reach out to witnesses while their memories are fresh. These are all very important steps in a personal injury claim, so it could be substantially beneficial to have legal representation from the very beginning.

If You Have Already Returned Home

Even if you have already returned home from your vacation to Disney or Universal Studios, you can still file a claim as long as you were injured as a result of someone else’s negligence. The best course of action is to speak to an attorney in your area who can work with a Florida lawyer on building your case.

Regardless of whether you are still in Orlando or already back home, a seasoned tourist injury attorney would gather evidence, file motions and claims on your behalf, and build a case based on relevant state law.

Injured on Vacation? Contact a Florida Tourist Injury Attorney Today

No one wants to think about getting hurt while they are on vacation, but unfortunately, it does happen. If you were injured in a vacation accident in Florida, it is crucial that you speak to a local tourist injury attorney.

Whether you are still in Miami, Ft. Lauderdale, or Orlando or have gone home to Ireland, Scotland, or the UK, a Florida lawyer can handle your claim, protect your rights, and pursue any compensation you are entitled to. Call an attorney and get the help you need today.

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Many visitors from the United Kingdom, Scotland, and Ireland come to Florida each year, as there are many things to see and do in locations such as Miami, Ft. Lauderdale, and Orlando. Resorts like Disney and Universal Studios bring travelers from all over the world. Unfortunately, some visitors to Florida sustain injuries in vacation accidents.

Injured travelers typically want to know if they have a right to compensation despite their foreign nationalities. Fortunately, there is a good chance those injured while visiting Florida can recover their damages.

State Tort Laws

Florida’s tort laws allow those injured as a result of someone else’s negligence to pursue compensation. State law recognizes that accident victims should not experience further loss or pay for their own damages when someone else causes them. If another party acts carelessly and causes an accident, they could be held liable for any subsequent injuries.

These statutes extend to people from overseas who are hurt while visiting resorts such as Disney because of another party’s recklessness. Regardless of whether you are from Ireland or Scotland, the law states you are entitled to compensation for any injuries resulting from an accident caused by someone else’s negligence.

Florida’s Statute of Limitations

An injured person must file a claim before the statute of limitations expires, which is generally four years from the date of an accident. Claims against the government have a statute of limitations of three years, and those involving wrongful death have a time limit of only two years. Filing a claim after any of these timelines will likely result in a claim being thrown out entirely.

It is important that travelers who are injured while vacationing in Miami speak to a local tourist injury attorney before the statute of limitations runs out. In fact, they should speak to legal counsel before they return home to the UK.

Compensation for Travelers Hurt on Vacation

Florida law allows injured tourists to recover many different types of compensation for their losses. For example, economic damages have an actual dollar value, are easy to calculate, and may cover the following:

• Lost income
• Past and future medical expenses
• Property damage
• Rehabilitative costs
• Hospital stay expenses
• Unexpected travel arrangements

Non-economic damages may also be available in a Florida personal injury claim. These do not have a quantifiable value, so a skilled legal representative can help calculate the following:

• Pain and suffering
• Permanent disability or disfigurement
• Loss of enjoyment of life
• Mental anguish and emotional distress
• Loss of consortium

An experienced attorney can determine whether any additional types of compensation would be available in your claim for damages.

Speak to a Florida Tourist Injury Attorney to Learn More

If you have been injured in an accident while on vacation in Miami, Ft. Lauderdale, or Orlando, you should speak to a local tourist injury attorney before you return home. A lawyer from our team can handle your claim when you leave the state and give you the best chance of claiming compensation for your injuries. If you have already returned home to Ireland, Scotland, or the United Kingdom, you can still reach out to our firm to work with an attorney in your area to expedite the legal process.

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Every year people from all over the world visit Miami, Ft. Lauderdale, Orlando, and Disney’s beaches and resorts. Unfortunately, some vacations end with injuries sustained in accidents caused by carelessness. Florida tourists can become injured in car wrecks, slip and falls, and many other types of accidents while vacationing.

Seek Medical Attention

Whether you were involved in a slip and fall incident on a resort or a car crash on Florida’s streets, you need to seek medical attention. Your health and safety are top priorities after an accident. Getting treatment right away can help prevent your injuries from getting worse and provide documentation for a claim.

If you are admitted to a hospital, wait until you are released for travel before returning home. It is also advisable to save all medical documentation you receive.

Report the Incident

Any accident which is caused by another party’s recklessness and leads to injuries should be reported to local police. If you suffered harm in a slip and fall incident at a resort like Disney or on someone else’s property, you should report it to the premises owner or the manager or supervisor on duty.

Document the Accident Scene

If you are carrying your phone at the time of an accident, you should take as many pictures of the scene as possible. Photograph your injuries, any vehicles involved, or any other pertinent details such as a spill on a restaurant floor. Doing so will provide evidence if you wish to file a personal injury claim in the future.

Collect Witness Information

It is also important to collect the contact information of witnesses to your accident. Witnesses are critical in a personal injury claim and can provide solid evidence.

Retain Legal Representation

If you were hurt while vacationing in Miami, Ft. Lauderdale, Orlando, or Disney and wish to pursue a personal injury claim, you should speak to a local tourist injury attorney before you return to Ireland or the United Kingdom. In most cases, you are required to work with a lawyer licensed in the same location where the accident happened. Local legal counsel can explain Florida’s laws surrounding personal injury claims and give you a strong chance at obtaining the compensation you need.

An attorney can also help you understand the insurance issues involved in your case. Having an overseas insurance policy at the time of a motor vehicle accident in Florida may affect your personal injury claim. A lawyer can explain how your insurance policy may affect your case and review your legal options for pursuing compensation.

Hurt While on Vacation? Call a Florida Tourist Injury Attorney

When someone else’s careless behavior causes an accident, a tourist injury attorney in Florida can help accident victims get the compensation they deserve. If you’ve been hurt while vacationing in Miami, Ft. Lauderdale, or Orlando, don’t try to file a claim on your own. Accident claims can be complex, especially when a claimant is from another country. An attorney can stand up for your rights, hold insurance companies accountable for paying fair settlements and give you the best chance of success with your claim, so call before you return home. If you have already gone home, reach out to a lawyer in your area who can consult with a Florida attorney about your case.

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Ridesharing vehicles such as Lyft and Uber are becoming more popular as our lives continue to get busier, and in many respects, these services simplify commuting and make travel much easier. However, as their popularity increases, the risk of a ridesharing vehicle accident increases as well. Given the unique factors involved in these kinds of crashes, it may be essential to have a basic understanding of how insurance policies work in the context of ridesharing car accidents.

When a Driver is Personally Liable

As ridesharing grows more popular, it is important to know what to do in the event of an accident. Alongside typical post-accident actions like collecting contact information from witnesses, seeking appropriate medical attention, and taking photographs and videos of the crash scene and of the damage to your vehicle, there are some unique insurance-related matters you should be aware of when it comes to wrecks involving rideshare drivers.

Drivers employed by a rideshare service must rely on their own personal insurance to cover any accidents or injuries that may occur while they are offline and off the clock. Otherwise, Uber and Lyft have broad insurance policies that provide coverage to account for various situations.

When a Rideshare Company May Be Liable

Rideshare drivers may use their company’s insurance policy if an accident occurs after they had accepted a trip or while they were waiting to pick up a customer. However, while Uber may provide additional compensation, the driver’s insurance would cover a majority of the cost.

For accidents resulting in bodily injury, Uber may award each affected person between $50,000 and $100,000. They may also provide $25,000 in property damage if an accident occurs while there are no passengers in the car.

Additionally, employed drivers can rely on their company’s policy if a crash takes place while they are carrying a passenger, in which case both the driver and passenger would be covered up to one million dollars. Any affected third parties, such as a cyclist or pedestrian, would also be compensated by this policy.

What a Lawyer Could Do to Help

Ridesharing is a huge part of today’s commuter culture, and understanding the different requirements and policies involved can be difficult without the help of a skilled attorney. Hiring an experienced car accident attorney can be incredibly helpful in filing a lawsuit against ridesharing companies, as they can help you evaluate your options and make the process easier. Contact Domnick, Cunningham & Yaffa today to get started on your case.

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As rideshare services have skyrocketed in popularity since their introduction in 2010, many commuters have had an improved travel experience with apps such as Uber and Lyft because of their quality service and ease of use. Although this transportation innovation has brought many improvements to commuting, it does not eliminate the risk of a car accident. In fact, it adds more parties to a potential civil case: the two involved drivers, the ridesharing company, the customer, and the respective insurance companies.

With this progress in commuting, we now need to answer several new questions: What are my rights as a rideshare passenger? Am I entitled to compensation if an accident happens? Every case is different, but the same approach applies for all types of wrecks: having a skilled and experienced car accident attorney on your side can help you ask the right questions, gather important evidence, and prepare a comprehensive case.

Passenger Rights

As a rideshare passenger, you have certain rights to a safe trip. Uber takes steps to ensure your safety when using their app, including driver screenings, real-time driver identification, an in-app emergency assistance button, 24/7 incident support, 2-way ratings for the passenger and driver, GPS tracking, and insurance on every trip.

Similarly, Lyft offers a critical response line, DMV and Background driver checks, vehicle standards, and a zero-tolerance drug and alcohol use policy. But what happens if something goes wrong despite these safety guarantees?

After an Accident

If you were in an accident after paying for a ride, there are a few things you should do at the scene thereof. First, ensure the safety of all passengers, which may include calling emergency services or your local non-emergency assistance line. Uber and Lyft have critical response lines that you can call to alert them to any incidents that occur with their service.

Next, it is critical to take pictures of the scene of the incident for potential evidence to your case because doing so captures the scope of damage. Lastly, it is crucial to collect information such as:

• Drivers’ names, addresses, phone numbers, and insurance information
• The rideshare company’s insurance information
• Information about the vehicles involved, including makes, models, license plates, and registration numbers
• Contact information for any witnesses

Possible Civil Cases

As a passenger, you may have the right to file a lawsuit after an accident involving a ridesharing vehicle. Finding an experienced car accident attorney will help you ask the right questions about your case and effectively seek compensation for damages. Possible compensable losses may include property or vehicle damages, medical expenses, pain and suffering damages, emotional trauma, and loss of wages due to an inability to work.

If you or your loved ones were injured in a rideshare service car crash, please reach out to the accident attorneys at Domnick, Cunningham & Yaffa. Our skilled legal team has the experience to effectively navigate your rideshare accident case in Southern Florida. Contact our office today to request a free consultation for your case.

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Did you know our active duty military have fewer rights than every other person in the United States? Even fewer rights than non-citizens and prisoners.

Established in 1950 in Feres vs. United States — a case involving the Federal Tort Claims Act that allows citizens to sue the government — the Supreme Court ruled that the federal government could not be held liable “for injuries to members of the armed forces arising from activities incident to military service.”

In the decades since that decision, Feres has been broadly applied to cases far outside the battlefield, from military sexual assault to training incidents, to allegations of command negligence, and military medical malpractice.

The standard defined by Feres means military personnel cannot bring a cause of action if they are a victim of medical malpractice, sexual assault, or catastrophic injury if the offending party is a U.S. Government entity.

This archaic precedent denies service men and women their right to trial by jury, a Seventh Amendment right enshrined in the very constitution they fight to defend. Their sacrifice should be honored by a grateful nation, not abused by denying them the fundamental right they are charged with upholding.

The Feres doctrine is an insult to our service personnel and their families. Every American deserves the right to demand accountability if egregious misconduct results in a catastrophic injury or wrongful death. Military personnel are NOT second-class citizens whose service and sacrifice entitle them to a limited menu of rights. Yet in courtrooms across the country, the Feres Doctrine is used as judicial cover to deny justice to members of the military.

The Feres Doctrine is a Supreme Court precedent, and as such, it can only be changed in two ways: through Congress, in the form of legislation amending the Federal Tort Claims Act (recently a bipartisan bill was introduced to do just that); or by overturning the initial Supreme Court decision. A recent case in the Ninth Circuit is challenging Feres vs. United States. Should the Supreme Court choose to uphold this 1950 ruling, Congress can still take action. It is time Congress united to right this wrong. Politicians who campaign on their commitment to the military have the power to put their words into action.

Our troops make a tremendous sacrifice for this country. They should be honored for their courage, not punished by depriving them of basic freedoms indoctrinated in the Bill of Rights.

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Rideshare services such as Uber and Lyft are becoming increasingly popular, especially in large metropolitan areas like West Palm Beach. Any person injured in a rideshare service car wreck may be entitled to compensation from a negligent rideshare driver. If this happens to you, a skilled car accident attorney could help you prepare a comprehensive case and collect all the important evidence.

Gathering Evidence After a Crash

If you are hit by an Uber or Lyft driver, it may be extremely important to work with a lawyer when collecting evidence of negligence. The first thing anyone involved in a car accident should do is call the police and seek appropriate medical attention. After that, the following actions—preferably taken as soon as possible after such a wreck occurs—could be key to constructing a strong case:

• Collecting the names and contact information of all of those involved, including the rideshare driver, any passengers, and any witnesses
• Gathering insurance information from the driver(s) involved
• Determining whether the rideshare driver was on their way to pick up a passenger or completing a trip
• Taking pictures of the accident scene

A car accident lawyer could help you asses these factors in order to evaluate your eligibility to pursue compensation.

Rideshare Insurance Coverage

While most rideshare services require their drivers to have their own insurance policies that are in compliance with Florida state minimums, companies like Uber and Lyft may also provide a minimum of $1 million liability coverage for when their drivers get into accidents during paid trips. However, if there was no passenger in the rideshare car, this insurance may not cover your damages entirely, and the driver might have to use their personal insurance to cover the rest.

In general, a rideshare company’s insurance is not applicable to a civil case unless the driver involved was either completing a trip with a passenger in the car or had already accepted the trip request. Both scenarios indicate that the driver is “on-duty,” which means their conduct could fall at least partially under the responsibility of the rideshare company. An attorney can help you understand which aspects of a rideshare’s insurance policy may affect your ability to pursue compensation.

Seeking a Car Accident Lawyer

If you were involved in an accident with an Uber or Lyft driver, you should reach out to one of our experienced car accident lawyers at DCY Law. We have a knowledgeable team that understands the complexities of rideshare car accident cases in Southern Florida. Contact us today to learn whether you qualify to pursue damages for your losses.

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Rideshare services have become increasingly prevalent modes of transportation in many cities and locations around Florida, including Palm Beach County, Palm Beach Gardens, and West Palm Beach. Rideshare service companies such as Uber and Lyft make it easy for new drivers to start working on the road.

Unfortunately, these drivers may be overworked, tired, distracted or lack driving experience, which could cause them to strike a pedestrian. If you were struck by a rideshare driver as a pedestrian, you may be able to file a civil claim against them, but there are several key things you should consider when deciding whether to pursue one.

Driver Liability

A driver for Uber, Lyft, or another rideshare company may or may not be protected by that company’s liability coverage, depending on whether they were working at the time of the accident. According to Florida law and rideshare company standards, each driver operating under one of these companies’ names must maintain minimum personal injury coverage through their own insurance.

To recover civil damages from a rideshare driver, an injured pedestrian would have to prove that driver was at fault with evidence such as witness testimonies, camera surveillance footage, dash cam footage, and police reports. Since Florida follows the pure comparative negligence standard, the driver would be responsible for the amount of fault they are assigned by the court. For example, if the driver were proven to be 80 percent negligent compared to the claimant’s 20 percent, the claimant would be able to recover for up to 80 percent of the total damages or losses they incurred.

An injured pedestrian may also be able to sue the rideshare company for negligent hiring or negligent training. For example, Uber/Lyft or another rideshare service may bear some liability if they hired or retained a driver with a poor driving record or job performance.

Pedestrian Liability

According to the pure comparative negligence standard, a pedestrian who is partially liable for their accident could still recover for at least some damages or losses incurred. It is important to note as well that, unlike many other states, Florida allows partially liable plaintiffs to recover damages even if they bear a majority of the fault for their accident. If the at-fault rideshare driver was working for the rideshare company at the time of the accident., the company could provide liability and coverage that an injured pedestrian may be able to claim.

If you or your loved ones were struck by a rideshare driver, contact the attorneys at Domnick, Cunningham & Yaffa (DCY) for a free consultation. Call today to receive an overview of your potential claim and get answers to any questions you may have.

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