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Pensacola Family Law Blog

Importance of seeing a doctor right after a car accident

Due to the state's immense population, thousands of car accidents occur every month. In 2016, a total of 395,834 car crashes occurred in Florida, according to the state's Integrated Report Exchange System

Many of these crashes end up being relatively minor fender benders. However, people should see a doctor regardless of how severe the accident seemed. While some injuries, such as bruises and open wounds, will be apparent immediately, other injuries remain hidden for weeks or possibly months. 

Slip-and-fall accidents can cause serious injury

Usually, when people slip and fall, the first thing they may wonder is if someone saw them. They may even feel more concerned about their embarrassment than they are about their injuries, especially if these seem minor. But not all slip-and-fall accidents end with victims getting up and walking away. Some accidents result in the victims needing medical attention for their wounds. It is not uncommon for people to sustain injuries to their heads, arms, hands, legs, hips, feet and spine. 

Property owners in Florida have a duty to keep their properties clean, well-maintained and safe for guests. When they do not, and someone falls, they could be held responsible for the injuries and sued. 

Res ipsa loquitur in medical injury cases

In Florida, when one person causes injury to another, a personal injury lawsuit may arise. The burden is typically on is on the plaintiff to prove the elements of a cause of action, including the defendant’s negligence. However, less commonly, sometimes the plaintiff can shift the burden to the defendant to prove it was not negligent.

In the Supreme Court of Florida case, Dockswell v. Bethesda Memorial Hospital, Inc., the court referenced that under common law, this shifting of the burden is known as res ipsa loquitur, which means that the thing, such as the existence of negligence, speaks for itself. In that case, the issue of this burden-shifting arose in the medical setting. Florida has codified the doctrine of res ipsa loquitur when a foreign item inadvertently remains in a body following surgery, or a medical or diagnostic procedure.

Whom you should and should not listen to after an injury

Suffering a personal injury can be a devastating event to endure. No matter how it happened, you are likely wondering how to recover and return to normalcy. You can also expect friends and family to chime in, along with plenty of professionals, inundating you with advice from all angles. Whom you listen to in this time will make all the difference in the outcome of this unfortunate situation.

Carefully question the motivations of those who offer advice, and be sure to prioritize your recovery above all else. As an injury victim, you deserve time to recover, and the party responsible for your accident should be accountable. Consider the following professionals who may offer advice.

Possible indications of nursing home abuse

When you place your loved one in a nursing home or continuing care facility, you want to feel confident that he or she is going to receive the best possible care. Regrettably, however, this is not always the case at American nursing homes, with nursing home abuse and neglect relatively common occurrences at some facilities.

The prevalence of nursing home abuse is hard to pin down due in part to the fact that many older people are unable or uncomfortable coming forward to report such instances. Abuse and neglect are more likely to occur in facilities with poorly trained, overworked and underpaid staff members, but because you cannot always be present to spot it, it is important to learn to recognize potential signs.

5 ways your husband could hide assets

Once divorce begins, some people try as hard as they can to hold onto wealth and assets. Secret accounts and shady financial activities are common in divorce, especially if there are significant assets. If your husband hides assets, you will not get a fair settlement.

This is why it is crucial to be aware of how husbands hide assets and how you can find them. Below is an overview of how your husband might hide assets and tips on how you can identify them. 

How to split custody of a pet in a divorce

Florida has one of the highest rates of divorce in the country. While the state peaked in divorces and annulments in 2006 with over 85,000 separations taking place, things have steadily declined. In 2015, the state reported that around 80,000 divorces took place.

The divorcing couple needs to reach conclusions on many topics during a divorce, from asset division to child custody. One topic the media often overlooks is who gets any pets the couple got together, such as a dog or cat. The law is not as specific about who gets pet custody in a divorce, but there are some ways to go about making this process easier. After all, both parties are probably going to want to do what is best for their furry friend.

How are vacation homes in Florida split in a divorce?

Florida is a hot spot for tourists. In an article published by the Orlando Sentinel, it was found that nearly 113 million people vacationed in Florida in 2016. That is a sharp increase from the previous year. Many people who come to enjoy the lovely Florida weather even have their own vacation home to relax in. 

Property is always a point of contention in a divorce. However, many couples have property outside of their everyday house. When a couple has a vacation home together, it can be stressful determining who gets it after a divorce. Luckily, determining this is a lot simpler than most people realize. One thing is for certain: it is a lot easier than determining who gets the actual house. 

3 reasons to consider pursuing child custody modification

Your divorce is over and the child custody order has been in place for some time now. While you are trying to make it work, you are wondering if there is a possibility for change. Under Florida family law, there are certain instances where a custody decision can be modified. This is often not accomplished in a quick and simple way, however.

Family law courts prefer stability for your child instead of disruptive change. That being said, modification is possible and even necessary in some cases. Here are three reasons to consider petitioning for custody modification.

Tips for identifying assets in a divorce

Ending your relationship is an emotional process, but strictly speaking, the divorce itself is the dissolution of a legal contract. As such, you and your spouse both have a duty to be completely honest in describing your financial situation.

Even if you both intend to be straightforward, inventorying your joint property can be a challenge. Here are some marital assets that couples may overlook, whether intentionally or accidentally.

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