Nursing Home Abuse

Many families rely on nursing homes to care for their elderly parents and relatives.  Most of the nursing homes provide appropriate care that enables elderly people to live their daily lives with dignity.  However, some nursing homes are either poorly staffed or fail to properly care for elderly people who really cannot care for themselves.  If you have a friend or family member that you feel has been improperly treated or abused at a nursing home, please contact our office for a free consultation.

Nursing home abuse

Many families rely on nursing homes to care for their elderly parents and relatives.  Most of the nursing homes provide appropriate care that enables elderly people to live their daily lives with dignity.  However, some nursing homes are either poorly staffed or fail to properly care for elderly people who really cannot care for themselves.  If you have a friend or family member that you feel has been improperly treated or abused at a nursing home, please contact our office for a free consultation.

Medical Malpractice

Medical malpractice has become a greater concern for doctors over the years. The age of lawsuits means that people are quick to sue for any wrongs they feel have been committed against them. While most doctors do everything they can to avoid being sued for malpractice, sometimes there is just nothing they can do. Even when they do everything right, something can still go wrong - and the doctor often takes the blame for these problems, whether they were responsible or not. Unfortunately, it is very simple for someone to bring a lawsuit against another person today, but on the bright side there is a complex process which rules out most frivolous suits.
The definition of medical malpractice is the deviation by a medical professional from the standards of the medical industry, thus causing injury or death to a patient. True medical malpractice is rare, but lawsuits for medical malpractice are not very rare. Successful malpractice suits must follow the definition of medical malpractice in that they prove that the doctor, through action or inaction, caused wrongful injury to a patient. Typically, this means that a practitioner grossly violated the standards set by the medical industry.

Because of the presence of medical malpractice lawsuits, medical professionals are required to maintain personal liability insurance to protect them and offset the costs of malpractice suits. However, in keeping with the definition of medical malpractice, the lawsuit must prove that the medical professional violated medical standards. This requires an expert to prove that there was a violation of standards. With medicine becoming more and more advanced, there are more things that can go wrong. This means that malpractice suits can take advantage of the legal aspects of medicine not being caught up with the practice.As new medical practices continue to push the envelope, people will seek reasons to sue when things go wrong, but the definition of medical malpractice protects doctors from many lawsuits filed by people who are just looking to put the blame somewhere. Fortunately for doctors who are concerned about wrongful lawsuits, there has been a recent push to reform many of the torts which govern the medical industry. They are intended to eliminate lawsuits filed by people who, for whatever reason, feel they were wronged by their doctors.
There have been numerous high profile lawsuits against doctors who were said to have violated the definition of medical malpractice, but the fact is that these expensive lawsuits negatively impact the ability of the medical industry to offer quality care when they are brought about by people who are simply seeking money. With the new reforms that are being put into place, it is likely that frivolous lawsuits will begin to decline. As it is, they are on the rise and have been for quite some time. If something is not done to stop wrongful medical malpractice suits, the medical industry will continue to be inhibited in its ability to provide quality care at reasonable cost.
 If you or a friend or family member have been the victim of medical malpractice, please contact our office 407-644-3921 for a free consultation. or visit us at http://starkerlaw.com

Medical Malpractice

Medical malpractice has become a greater concern for doctors over the years. The age of lawsuits means that people are quick to sue for any wrongs they feel have been committed against them. While most doctors do everything they can to avoid being sued for malpractice, sometimes there is just nothing they can do. Even when they do everything right, something can still go wrong - and the doctor often takes the blame for these problems, whether they were responsible or not. Unfortunately, it is very simple for someone to bring a lawsuit against another person today, but on the bright side there is a complex process which rules out most frivolous suits.

The definition of medical malpractice is the deviation by a medical professional from the standards of the medical industry, thus causing injury or death to a patient. True medical malpractice is rare, but lawsuits for medical malpractice are not very rare. Successful malpractice suits must follow the definition of medical malpractice in that they prove that the doctor, through action or inaction, caused wrongful injury to a patient. Typically, this means that a practitioner grossly violated the standards set by the medical industry.

Because of the presence of medical malpractice lawsuits, medical professionals are required to maintain personal liability insurance to protect them and offset the costs of malpractice suits. However, in keeping with the definition of medical malpractice, the lawsuit must prove that the medical professional violated medical standards. This requires an expert to prove that there was a violation of standards. With medicine becoming more and more advanced, there are more things that can go wrong. This means that malpractice suits can take advantage of the legal aspects of medicine not being caught up with the practice.

As new medical practices continue to push the envelope, people will seek reasons to sue when things go wrong, but the definition of medical malpractice protects doctors from many lawsuits filed by people who are just looking to put the blame somewhere. Fortunately for doctors who are concerned about wrongful lawsuits, there has been a recent push to reform many of the torts which govern the medical industry. They are intended to eliminate lawsuits filed by people who, for whatever reason, feel they were wronged by their doctors.

There have been numerous high profile lawsuits against doctors who were said to have violated the definition of medical malpractice, but the fact is that these expensive lawsuits negatively impact the ability of the medical industry to offer quality care when they are brought about by people who are simply seeking money. With the new reforms that are being put into place, it is likely that frivolous lawsuits will begin to decline. As it is, they are on the rise and have been for quite some time. If something is not done to stop wrongful medical malpractice suits, the medical industry will continue to be inhibited in its ability to provide quality care at reasonable cost.

 If you or a friend or family member have been the victim of medical malpractice, please contact our office 407-644-3921 for a free consultation. or visit us at http://starkerlaw.com

A Look at Product Liability Law

Product liability cases will come in in several different sorts. For instance, due to negligence, you may see yourself or perhaps a person in your family seriously injured as the consequence of anything from malfunctioning toys and games right through to contaminated food to malfunctioning autos. Without regard to any root grounds for a specific products liability claim, you may be entitled to extensive compensation for those injuries that you have received and on many occasions, for any losses that you're going to encounter in the future among them lost salary, medical-related charges and the like.Product liability cases are extremely difficult and have to have a superior amount of expertise. The difficulties of these forms of cases need many levels of defendants, expert witnesses requiring a considerable investment of time and additionally finances, an understanding of how to deal with the actual discovery technique in unknown states or countries, and knowing which legal courts have got jurisdiction on the subject.
For anybody who is hurt caused by a malfunctioning product, the liability for this kind of injuries is normally attributable either to manufacturer, the distributor, the wholesaler and / or the retailer of these kinds of product.
Defective Products Law is categorized under personal injury/tort law and is directly associated with litigation law. It identifies a claim against all parties along the cycle of manufacture (designers, manufacturers, distributors and retailers) of merchandise that contain defects that harm people resulting in personal injury or loss.
Product liability cases are specialised cases that need knowledge of product liability law and also expert witnesses who have precise expertise in the product concerned.
Liability claims may be filed by either the consumer of the product, or maybe by anyone to who this product had been loaned or given. Whilst there is absolutely no federal government product liability law, virtually all state governments currently have product liability laws.
Typically the claims usually related to Product Liability in the USA are negligence, strict liability, breach of warranty, and consumer protection claims. A model of liability called "stream of commerce" functions in most states, meaning if your firm participates in placing the merchandise into the "stream of commerce," it could instantly be held liable for potential damages to the end user.
A key concern in any liability lawsuit is whether or not the product has a defect, that is definitely an imperfection which renders a product hazardous for its designated use. Design flaws exist each time a overall type of products might be improperly designed to the extent as to pose unreasonable danger to consumers.
In the concept of "strict liability," a lawsuit might be registered without the need to establish negligence or even fault if an injury is the result of a harmful product. This approach makes it less difficult for any injured consumer to take legal action against either the product manufacturer or the shop where the product had been bought. Both state and also federal laws affect product liability cases, making it puzzling at times to know the absolute right place to file a lawsuit. This is especially valid should a manufacturer operates in various states.
You can consult a Florida Product Liability Lawyer in any circumstances and he will be able to guide you through the whole process of claiming and getting the money back. Click here to know more about a Product Liability Lawyer.

A Look at Product Liability Law

Product liability cases will come in in several different sorts. For instance, due to negligence, you may see yourself or perhaps a person in your family seriously injured as the consequence of anything from malfunctioning toys and games right through to contaminated food to malfunctioning autos. Without regard to any root grounds for a specific products liability claim, you may be entitled to extensive compensation for those injuries that you have received and on many occasions, for any losses that you're going to encounter in the future among them lost salary, medical-related charges and the like.

Product liability cases are extremely difficult and have to have a superior amount of expertise. The difficulties of these forms of cases need many levels of defendants, expert witnesses requiring a considerable investment of time and additionally finances, an understanding of how to deal with the actual discovery technique in unknown states or countries, and knowing which legal courts have got jurisdiction on the subject.

For anybody who is hurt caused by a malfunctioning product, the liability for this kind of injuries is normally attributable either to manufacturer, the distributor, the wholesaler and / or the retailer of these kinds of product.

Defective Products Law is categorized under personal injury/tort law and is directly associated with litigation law. It identifies a claim against all parties along the cycle of manufacture (designers, manufacturers, distributors and retailers) of merchandise that contain defects that harm people resulting in personal injury or loss.

Product liability cases are specialised cases that need knowledge of product liability law and also expert witnesses who have precise expertise in the product concerned.

Liability claims may be filed by either the consumer of the product, or maybe by anyone to who this product had been loaned or given. Whilst there is absolutely no federal government product liability law, virtually all state governments currently have product liability laws.

Typically the claims usually related to Product Liability in the USA are negligence, strict liability, breach of warranty, and consumer protection claims. A model of liability called "stream of commerce" functions in most states, meaning if your firm participates in placing the merchandise into the "stream of commerce," it could instantly be held liable for potential damages to the end user.

A key concern in any liability lawsuit is whether or not the product has a defect, that is definitely an imperfection which renders a product hazardous for its designated use. Design flaws exist each time a overall type of products might be improperly designed to the extent as to pose unreasonable danger to consumers.

In the concept of "strict liability," a lawsuit might be registered without the need to establish negligence or even fault if an injury is the result of a harmful product. This approach makes it less difficult for any injured consumer to take legal action against either the product manufacturer or the shop where the product had been bought. Both state and also federal laws affect product liability cases, making it puzzling at times to know the absolute right place to file a lawsuit. This is especially valid should a manufacturer operates in various states.

You can consult a Florida Product Liability Lawyer in any circumstances and he will be able to guide you through the whole process of claiming and getting the money back. Click here to know more about a Product Liability Lawyer.

Trucking Accidents And The Law

Each year, millions of people end up in collisions while on the road, whether driving down the highway or cruising through the scenic back roads. Fortunately, a majority of these collisions are not serious, and damage is measured largely in dollars and cents than in recovery time. However, for a small percentage of people, these accidents can be life-changing, and leave families in a state of complete shock and uncertainty. Getting your life back after a collision that leaves you or a loved one seriously injured, or causes the death of someone close to you, is a task that's far easier said than done.Out of all the types of accidents that occur on America's roads each year, incidents involving large trucks have the highest potential for fatality or life-altering injury. Because most trucking accidents occur between a truck and one or more cars, rather than two trucks colliding on the road, the potential for damage is absolutely devastating. In the case that a truck is carrying hazardous materials, the extent of injury can reach far beyond the two or three vehicles with immediate involvement in the crash. Accidents involving large trucks can be thoroughly destructive, and leave people feeling helpless and hopeless in the face of injury.
Fortunately, you are not alone. You don't need to struggle through the pain and suffering associated with recovery and rehabilitation, while wondering who is going to take care of your family. Chances are, you're unable to work and insurance is debating whose responsibility it is to take care of your medical bills, or simply refusing to pay. In the middle of all the pain, loss, and chaos, there should be someone there to defend your rights and ensure you don't continually suffer for another person's mistake.
If you've been seriously injured and are unable to work due to a devastating collision that simply wasn't your fault, it's a good idea to contact an attorney. In many cases, these tragic accidents are often avoidable, and occur because a truck hasn't been properly maintained or serviced by the company. In some instances, truck drivers are forced to work long shifts and cover miles of distance on the road, pushing even the most experienced and aware drivers past the limits of what is safe. There are many reasons these types of tragedies occur, but none of them are justifiable excuses for walking away without paying the consequences. If you've been hurt, time is of the essence. Call a trusted personal injury attorney in your area, and get the helping hand you need to win your life back.
Have you been the victim of a truck accident? if so, then you have compensation to claim for any expenses you have after accident. The Law Office of Jeffrey D. Starker,P.A. will help you
with your settlement and legal rights. Contact Us for a FREE Case Review - 407-644-3921 or visit us http://starkerlaw.com

Trucking Accidents And The Law

Each year, millions of people end up in collisions while on the road, whether driving down the highway or cruising through the scenic back roads. Fortunately, a majority of these collisions are not serious, and damage is measured largely in dollars and cents than in recovery time. However, for a small percentage of people, these accidents can be life-changing, and leave families in a state of complete shock and uncertainty. Getting your life back after a collision that leaves you or a loved one seriously injured, or causes the death of someone close to you, is a task that's far easier said than done.

Out of all the types of accidents that occur on America's roads each year, incidents involving large trucks have the highest potential for fatality or life-altering injury. Because most trucking accidents occur between a truck and one or more cars, rather than two trucks colliding on the road, the potential for damage is absolutely devastating. In the case that a truck is carrying hazardous materials, the extent of injury can reach far beyond the two or three vehicles with immediate involvement in the crash. Accidents involving large trucks can be thoroughly destructive, and leave people feeling helpless and hopeless in the face of injury.

Fortunately, you are not alone. You don't need to struggle through the pain and suffering associated with recovery and rehabilitation, while wondering who is going to take care of your family. Chances are, you're unable to work and insurance is debating whose responsibility it is to take care of your medical bills, or simply refusing to pay. In the middle of all the pain, loss, and chaos, there should be someone there to defend your rights and ensure you don't continually suffer for another person's mistake.

If you've been seriously injured and are unable to work due to a devastating collision that simply wasn't your fault, it's a good idea to contact an attorney. In many cases, these tragic accidents are often avoidable, and occur because a truck hasn't been properly maintained or serviced by the company. In some instances, truck drivers are forced to work long shifts and cover miles of distance on the road, pushing even the most experienced and aware drivers past the limits of what is safe. There are many reasons these types of tragedies occur, but none of them are justifiable excuses for walking away without paying the consequences. If you've been hurt, time is of the essence. Call a trusted personal injury attorney in your area, and get the helping hand you need to win your life back.

Have you been the victim of a truck accident? if so, then you have compensation to claim for any expenses you have after accident. The Law Office of Jeffrey D. Starker,P.A. will help you
with your settlement and legal rights. Contact Us for a FREE Case Review - 407-644-3921 or visit us http://starkerlaw.com

Why Hire a Motorcycle Accident Lawyer?

Motorcycle accidents are often considered dangerous than figuring in a four-wheeled vehicle mishap. This is because the risk of the motorcycle rider sustaining serious physical injuries is greater than that of the driver in a car or truck. In fact, a great number of accidents involving cars and motorcycles or object collisions, resulted in the rider of motorcycles being treated for life-threatening injuries.There are varied causes of these accidents. It could be that the rider himself, or the vehicle he collided with, is at fault. However, there is growing evidence that some motorcycles have factory defects that may have been the primary reason why its rider lost control. If you figured in this kind of accident, or have a loved one who did, then it would be proper to demand fair compensation for injuries you may have sustained.
While you certainly have the right to file a claim for damages against those whom you believe is liable, the complex law statutes that govern motorcycle accidents, and the complicated process of litigation, sometimes makes it difficult for victims to seek redress. More often than not, the victims themselves get the full blame for the accident. Aside from this, the period allowed in the filing of a lawsuit involving motorcycle accidents is so short that the victim may not have enough time to file it within the prescribed period. This is why it is necessary to hire the services of competent motorcycle accident lawyers to help you seek justice.
Motorcycle accident lawyers are experts in studying all the aspects leading to the mishap. It may be that another vehicle was at fault or the motorcycle itself had certain mechanical problems that have been present from the time it left the factory. In the first instance, the lawyer may contact the driver of the other vehicle and express your intention in seeking compensation. Negotiations may follow but if it will fail, then your lawyer can immediately file a case against the driver of the other vehicle.
If, however, the motorcycle you rode in is reputed to have factory defects, then your lawyer can seek compensation from the makers of the motorcycle themselves. There are several ways on how your motorcycle accident lawyers may proceed with your case. They may contact directly the motorcycle company officials and if the compensation offer is unacceptable, your lawyers may bring them to court.
Going up against a motorcycle manufacturer is not that easy and you need solid evidence to back up your claim. This is where the services of a motorcycle accident attorney is most valuable because he or she can gather evidence and secure witnesses' testimonies to firm up your lawsuit. They can also research on similar accidents that may have happened in the past involving the same motorcycle and seek out the victims or surviving relatives of such mishaps. They can include this information in your claim and may even decide to file for a class action suit against the motorcycle company.
Mr. Starker is an avid motorcycle rider and he has handled many motorcycle accident cases over the years.  If you or a friend or family member has been injured in a motorcycle accident, please contact our office for a free consultation.

Why Hire a Motorcycle Accident Lawyer?

Motorcycle accidents are often considered dangerous than figuring in a four-wheeled vehicle mishap. This is because the risk of the motorcycle rider sustaining serious physical injuries is greater than that of the driver in a car or truck. In fact, a great number of accidents involving cars and motorcycles or object collisions, resulted in the rider of motorcycles being treated for life-threatening injuries.

There are varied causes of these accidents. It could be that the rider himself, or the vehicle he collided with, is at fault. However, there is growing evidence that some motorcycles have factory defects that may have been the primary reason why its rider lost control. If you figured in this kind of accident, or have a loved one who did, then it would be proper to demand fair compensation for injuries you may have sustained.

While you certainly have the right to file a claim for damages against those whom you believe is liable, the complex law statutes that govern motorcycle accidents, and the complicated process of litigation, sometimes makes it difficult for victims to seek redress. More often than not, the victims themselves get the full blame for the accident. Aside from this, the period allowed in the filing of a lawsuit involving motorcycle accidents is so short that the victim may not have enough time to file it within the prescribed period. This is why it is necessary to hire the services of competent motorcycle accident lawyers to help you seek justice.

Motorcycle accident lawyers are experts in studying all the aspects leading to the mishap. It may be that another vehicle was at fault or the motorcycle itself had certain mechanical problems that have been present from the time it left the factory. In the first instance, the lawyer may contact the driver of the other vehicle and express your intention in seeking compensation. Negotiations may follow but if it will fail, then your lawyer can immediately file a case against the driver of the other vehicle.

If, however, the motorcycle you rode in is reputed to have factory defects, then your lawyer can seek compensation from the makers of the motorcycle themselves. There are several ways on how your motorcycle accident lawyers may proceed with your case. They may contact directly the motorcycle company officials and if the compensation offer is unacceptable, your lawyers may bring them to court.

Going up against a motorcycle manufacturer is not that easy and you need solid evidence to back up your claim. This is where the services of a motorcycle accident attorney is most valuable because he or she can gather evidence and secure witnesses' testimonies to firm up your lawsuit. They can also research on similar accidents that may have happened in the past involving the same motorcycle and seek out the victims or surviving relatives of such mishaps. They can include this information in your claim and may even decide to file for a class action suit against the motorcycle company.

Mr. Starker is an avid motorcycle rider and he has handled many motorcycle accident cases over the years.  If you or a friend or family member has been injured in a motorcycle accident, please contact our office for a free consultation.

Affordable Car Accident Attorney

Car accidents often lead to serious injuries. Majority of car accidents are caused by carelessness and unruliness of drivers. Some may also occur due to intoxication or drug-influenced operation of cars. Poorly designed roads and inappropriate traffic signals combined with defective vehicles or tires may also cause accidents. In order to compensate for damages incurred, charging a lawsuit against the negligent driver may be required. Similarly in the case of an accident a person may also be required to defend himself against a lawsuit. Judicial proceedings regarding the same tend to be extremely complicated and lengthy. As such, enlisting the services of a lawyer proves to be important. Laws relating to car accidents tend to be varied and complex.Lawyers dealing exclusively in car accidents have a great deal of knowledge about the various legal aspects, which affect a case of car accident. They are familiar with the proceedings and requirements, which need to be followed while charging or defending a lawsuit. A lot of paperwork and formalities are required to be completed. These may relate to filling up of important forms, dealing with insurance companies and various judicial machineries.
It is a common misconception that the services of all lawyers dealing in car accidents are expensive. This is not true. A lawyer of good reputation will not charge for an initial consultation. So, in case the petitioner has questions about injuries sustained during an accident and further procedures to be followed, it is advisable to call a lawyer. Besides, it is observed that most lawyers now work on contingency fee basis, which means that the lawyer gets paid only if the petitioner gets compensated. A good car accident lawyer is generally expected to inform the client with the likely costs and fees of a lawsuit, as well as the chances for success. A person ought to be aware of the probable costs and expected outcome of the case. Accordingly, a petitioner should plan his budget to obtain optimum services of a lawyer. Information regarding the services of car accident lawyers can be obtained through the yellow pages or the Internet. Conducting a bit of research and comparing prices can help a person enlist the services of an affordable car accident lawyer.
If you have any questions about a car accident case, please contact our office for a free consultation. or visit Us at http://starkerlaw.com/ for more info.

Affordable Car Accident Attorney

Car accidents often lead to serious injuries. Majority of car accidents are caused by carelessness and unruliness of drivers. Some may also occur due to intoxication or drug-influenced operation of cars. Poorly designed roads and inappropriate traffic signals combined with defective vehicles or tires may also cause accidents. In order to compensate for damages incurred, charging a lawsuit against the negligent driver may be required. Similarly in the case of an accident a person may also be required to defend himself against a lawsuit. Judicial proceedings regarding the same tend to be extremely complicated and lengthy. As such, enlisting the services of a lawyer proves to be important. Laws relating to car accidents tend to be varied and complex.

Lawyers dealing exclusively in car accidents have a great deal of knowledge about the various legal aspects, which affect a case of car accident. They are familiar with the proceedings and requirements, which need to be followed while charging or defending a lawsuit. A lot of paperwork and formalities are required to be completed. These may relate to filling up of important forms, dealing with insurance companies and various judicial machineries.

It is a common misconception that the services of all lawyers dealing in car accidents are expensive. This is not true. A lawyer of good reputation will not charge for an initial consultation. So, in case the petitioner has questions about injuries sustained during an accident and further procedures to be followed, it is advisable to call a lawyer. Besides, it is observed that most lawyers now work on contingency fee basis, which means that the lawyer gets paid only if the petitioner gets compensated. A good car accident lawyer is generally expected to inform the client with the likely costs and fees of a lawsuit, as well as the chances for success. A person ought to be aware of the probable costs and expected outcome of the case. Accordingly, a petitioner should plan his budget to obtain optimum services of a lawyer. Information regarding the services of car accident lawyers can be obtained through the yellow pages or the Internet. Conducting a bit of research and comparing prices can help a person enlist the services of an affordable car accident lawyer.

If you have any questions about a car accident case, please contact our office for a free consultation. or visit Us at http://starkerlaw.com/ for more info.

Florida Dog Bite Accidents! How To Handle?

People of the United States are famous for loving animals. Most of the homes in U.S. have domestic pets. Cats are the most favorite pets in the United States pushing dogs to the second position. According to the Pet Owners Survey conducted by the American Pet Products Manufacturers, there are 88.3 millions domestic cats and 74.8 million domestic dogs in U.S. People consider these furry friends as parts of their family.With increasing popularity of pets, chances of personal injury due to animal attack are also rising. Animal attacks may lead to serious injuries and even death. It has been reported that children are attacked by domestic animals more often than adults.
Lots of animal attack cases and dog bite personal injury compensation claims are filed in the Florida court of law every year. Below is a list of reasons behind animal attack accident.Common reasons behind animal attack personal injury cases:
    Irritating dogs or the animals
    Letting children play with pets without proper precautions taken
    Dogs escaping the boundaries
    Unwanted entries inside private places
    Improper pet care
Animal attacks and dog bites may cause severe injuries. Whether it is victim's fault or the owner's, animal bite victims can sue the pet owner or the pet handler on a lot of clauses as mentioned in Florida animal laws.

What to do when it is victim's own fault?
As said before, victims can still file charges against the pet owner or the handler. If the pet handler fails to confine the dog within the boundaries and the dog attacks somebody in a public place, the victims can file charges against the pet handler even when it is victim's own fault. The pet handler or the pet owner is held responsible for the damages caused to the victim.
Hence, the reason of animal attack should be properly investigated before presenting it to the court. Victims should consult expert personal injury lawyers who are specialized in dog bite cases so that the case is judged in their favor.
It is better to consult a local lawyer because animal laws vary by states. If the event of animal attack happens in Florida, consult Florida personal injury lawyers. An efficient lawyer will prepare the plan of action appropriately and help the victims receive right compensation.
How Florida personal injury lawyers help to win dog bite cases?
Personal injury lawyers perform the following tasks in the right manner as required by law:
 Collect evidences and other essential documents that help to understand how the attack happened
 Collect medical report and statement from the physician who attended the victim first Obtain statements from witnesses who were present at the spot Instruct the animal attack victims on how to answer to the questions asked by defense counsel and judge in court

Who can be held responsible for animal attacks in Florida?
    Pet owners
    Pet handler
    Owner of the premise
    Landlords
    Parents of the minors in case the owner is minor
The above mentioned entities can be held responsible for the accident. However, in Florida, the liability strictly goes to the pet owner. To identify the merits of the case, the victims should immediately consult Florida lawyers so that legal proceedings can be started soon.

Jeffrey D. Starker, P.A. is an experienced Dog bite Lawyer in Orlando, Florida. If you or a friend or family member has been injured in an incident with someone else’s dog, please Contact Us for a FREE Case Review - 407-644-3921 or visit us at http://starkerlaw.com/

Florida Dog Bite Accidents! How To Handle?

People of the United States are famous for loving animals. Most of the homes in U.S. have domestic pets. Cats are the most favorite pets in the United States pushing dogs to the second position. According to the Pet Owners Survey conducted by the American Pet Products Manufacturers, there are 88.3 millions domestic cats and 74.8 million domestic dogs in U.S. People consider these furry friends as parts of their family.

With increasing popularity of pets, chances of personal injury due to animal attack are also rising. Animal attacks may lead to serious injuries and even death. It has been reported that children are attacked by domestic animals more often than adults.

Lots of animal attack cases and dog bite personal injury compensation claims are filed in the Florida court of law every year. Below is a list of reasons behind animal attack accident.Common reasons behind animal attack personal injury cases:

    Irritating dogs or the animals
    Letting children play with pets without proper precautions taken
    Dogs escaping the boundaries
    Unwanted entries inside private places
    Improper pet care

Animal attacks and dog bites may cause severe injuries. Whether it is victim's fault or the owner's, animal bite victims can sue the pet owner or the pet handler on a lot of clauses as mentioned in Florida animal laws.

What to do when it is victim's own fault?

As said before, victims can still file charges against the pet owner or the handler. If the pet handler fails to confine the dog within the boundaries and the dog attacks somebody in a public place, the victims can file charges against the pet handler even when it is victim's own fault. The pet handler or the pet owner is held responsible for the damages caused to the victim.

Hence, the reason of animal attack should be properly investigated before presenting it to the court. Victims should consult expert personal injury lawyers who are specialized in dog bite cases so that the case is judged in their favor.

It is better to consult a local lawyer because animal laws vary by states. If the event of animal attack happens in Florida, consult Florida personal injury lawyers. An efficient lawyer will prepare the plan of action appropriately and help the victims receive right compensation.

How Florida personal injury lawyers help to win dog bite cases?

Personal injury lawyers perform the following tasks in the right manner as required by law:
 Collect evidences and other essential documents that help to understand how the attack happened
 Collect medical report and statement from the physician who attended the victim first Obtain statements from witnesses who were present at the spot Instruct the animal attack victims on how to answer to the questions asked by defense counsel and judge in court


Who can be held responsible for animal attacks in Florida?

    Pet owners
    Pet handler
    Owner of the premise
    Landlords
    Parents of the minors in case the owner is minor

The above mentioned entities can be held responsible for the accident. However, in Florida, the liability strictly goes to the pet owner. To identify the merits of the case, the victims should immediately consult Florida lawyers so that legal proceedings can be started soon.

Jeffrey D. Starker, P.A. is an experienced Dog bite Lawyer in Orlando, Florida. If you or a friend or family member has been injured in an incident with someone else’s dog, please Contact Us for a FREE Case Review - 407-644-3921 or visit us at http://starkerlaw.com/

Personal Injury Lawyer: Nursing Home Abuse

Calling a personal injury lawyer about nursing home abuse could be the first step to both a resolution to the situation as well as a settlement for the pain and damage that was caused. Unfortunately, these incidents have become far to commonplace and nursing home residents don't always have someone to turn to. Abuse and neglect of the elderly is an important problem that needs to be addressed sooner rather than later.

Contacting Legal RepresentationIt is important to find a personal injury lawyer with experience in this area. Each state has its own set of guidelines and regulations that need to be followed. Finding someone that has gone after nursing homes in the past and knows what it takes to pursue case will be beneficial to your situation. Choosing someone local gives you the benefit of someone that is already well versed in the local laws. If you have not already set up an initial consultation, now is the time to make an appointment.
Organize Your Information and Evidence
You want to walk into your personal injury lawyer and be able to give him or her details about the case that have been documented. You may have a notebook that lists different incidents that you have witnessed or evidence of issues and problems that took place while you were gone. If you can put this information into some type of order, by the date of the incident, it will help make things more efficient. With organized information, your legal representative can begin to research and look into the legal options you and your loved one have.
Find Out What You Need to Do
If you are not the Power of Attorney for your loved one, things might come to a stop without this person's help and consent. Talk to this person about arranging for a copy of all the medical records and information about your loved one from the nursing home. This information will be critical to your case.
You know the most about the situation. Your personal injury lawyer may ask you to go to friends and family members to talk to them about any evidence that they may have seen of the abuse or neglect. It is important that they consider testifying and sharing their information with the attorney. Before starting up these conversations, make sure that you talk to your legal representative. You want to make sure that you are following the right guidelines when it comes to these conversations.
Be Available
Throughout the process, your personal injury attorney may have questions about the case or need more information. In some cases, a law firm will have their own team of investigators. This will be beneficial to you in that they will be able to look into the situation and provide more information from an unbiased individual. When it comes to proving your case, having an investigator can be a huge advantage.

Get the personal injury lawyer Law Office of Jeffrey D. Starker, P.A. To set up a free consultation, visit http://starkerlaw.com

Medical Malpractice and the Law

Medical malpractice cases can be big news, but these cases run the gamut from minor injuries to permanent injuries to death. What is medical malpractice? It's a mistake, often called medical negligence, made by a doctor, nurse, or other medical professional that results in a patient's injury. Doctors and medical facilities maintain malpractice insurance policies to pay for these mistakes, and patients can file lawsuits against the doctor and medical facility or hospital to receive money for the injuries.
The most obvious type of medical malpractice is a mistake made during surgery. This famously happened to comedian and former Saturday Night Live star, Dana Carvey. He had a blocked artery to his heart, but the surgeon ended up operating on the wrong artery. This meant that Carvey had to undergo a second surgery. In this high profile medical malpractice case, Carvey was awarded $7.5 million.
Other surgical mistakes could lead to infection, paralysis, accidentally cutting a vital organ, or leaving a foreign object inside the patient's body. Surgical mistakes are only one type of medical malpractice, however. These cases can involve any number of mistakes, such as:
Misdiagnosis - A doctor may inaccurately determine that a patient has one condition or disease when it is later discovered that the patient had a different condition or disease. If the real disease goes untreated, it can lead to injury or death. A misdiagnosis may also lead the doctor to prescribe the wrong medications or unnecessary surgery, which can cause injury to the patient.
Delayed diagnosis - In this case, the physician fails to determine that the patient has a serious illness such as cancer or heart disease. Obviously, if the person isn't treated because the doctor failed to recognize the illness, it could lead to injury or death. A delay can also occur if someone is forced to wait in an emergency room for too long, for example.
Anesthesia Mistakes - Anesthesiologists are responsible for the medication that causes a patient to sleep during a medical procedure. Since people can be sensitive to these medications, it's the responsibility of the anesthesiologist to review a patient's medical history to try to ensure that the anesthesia medication won't cause problems. If it does, the anesthesiologist and medical facility may be sued for the patient's injuries.
Prescriptions - Before prescribing medications, a doctor needs to know all other medications that a patient may be taking because it can be dangerous to mix them. It can also be dangerous to take some medications if the patient has a specific disease. For example, a particular heart medication may be dangerous for someone with Parkinson's Disease.
Childbirth - If medical personnel make mistakes during childbirth, the result can be death or permanent disabilities, such as brain damage in the baby.
Of course, these are just a few of the more common forms of medical malpractice. Dental malpractice and all sorts of other possibilities exist in the medical field.
What to Do If You Have Been Injured by Medical Malpractice
If you believe that you or a loved one has been injured by medical malpractice, the first thing you need to do is consult a lawyer. These kinds of cases can be very complicated, so it's absolutely necessary to have an experienced attorney working on your behalf.
Why are these cases so complicated? It can often be difficult to prove that the medical professionals acted negligently. All medical records have to be carefully examined to determine if malpractice really did take place. Did the doctor not perform his or her duties up to the standards expected of the profession? This can be likened to a driver who runs a red light or doesn't stop for a stop light.
It is also important to note that each state has what is called a "statute of limitations" on medical malpractice claims. So, you need to act quickly if you believe malpractice has taken place because after a period of time, you will no longer be allowed to file a lawsuit.
Most lawyers who work on medical malpractice cases don't require you to pay them a fee up front. They work on what is called a "contingency" basis, which means that they take a percentage of the total settlement you receive when the case is finished. The lawyer takes a certain risk here, so it's to the lawyer's advantage to only take cases that are likely to lead to a settlement that will be higher than the costs of the lawsuit. This means, first and foremost, that there must be what is called "causation."
Causation means that it must be provable that the injury occurred as a direct result of the medical professional's negligence. Most of the lawyers who handle medical malpractice cases have medical investigators to help them develop the evidence to prove that you or your loved one was indeed a victim of malpractice.
It's also to the lawyer's advantage to try to get you as much money as possible and to try to keep your case from going to court. This means that the lawyer will negotiate on your behalf with the lawyer for the malpractice insurance company, working to obtain a settlement for you. Experienced medical malpractice attorneys know what settlement amounts are reasonable to expect for different kinds of cases.
How long do medical malpractice lawsuits take to settle? This varies greatly and depends on a number of factors. The more complex the issues involved, of course, the longer it will probably take before a settlement will be reached.
The most important reason for filing a medical malpractice lawsuit is to receive the money you need for medical care related to the injury. If the injury is permanent, such as in the case of cerebral palsy or paralysis, the costs can be enormous and will last a lifetime. The injured person or the caretaker of the injured person may not be able to work for a period of time, so there may also be a loss of income - before the settlement and perhaps also in the future.
In addition, there may be money awarded for what is called "pain and suffering" and for "loss of consortium," which refers to a loss of benefits by the injured person's husband or wife. Punitive damages are also sometimes awarded, which is punishment when the negligence is extreme. Monies in the settlement that are for non-economic damages, such as pain and suffering, punitive damages, and loss of consortium, are restricted in some U.S. states.
Another reason for filing a medical malpractice suit, however, is to make sure that the medical professional isn't negligent with other patients. This doesn't mean that the doctor will be forced to stop practicing medicine, however. In most cases, the malpractice is considered to be an honest mistake. The negligence must be extreme for a doctor to lose his or her medical license, and the health department is the agency that must make that decision.

Law Office of Jeffrey D. Starker, P.A. Contact Us for a FREE case Review-407-644-3921. Visit Us at http://starkerlaw.com

Personal Injury Lawyer: Nursing Home Abuse

Calling a personal injury lawyer about nursing home abuse could be the first step to both a resolution to the situation as well as a settlement for the pain and damage that was caused. Unfortunately, these incidents have become far to commonplace and nursing home residents don't always have someone to turn to. Abuse and neglect of the elderly is an important problem that needs to be addressed sooner rather than later.

Contacting Legal Representation

It is important to find a personal injury lawyer with experience in this area. Each state has its own set of guidelines and regulations that need to be followed. Finding someone that has gone after nursing homes in the past and knows what it takes to pursue case will be beneficial to your situation. Choosing someone local gives you the benefit of someone that is already well versed in the local laws. If you have not already set up an initial consultation, now is the time to make an appointment.

Organize Your Information and Evidence

You want to walk into your personal injury lawyer and be able to give him or her details about the case that have been documented. You may have a notebook that lists different incidents that you have witnessed or evidence of issues and problems that took place while you were gone. If you can put this information into some type of order, by the date of the incident, it will help make things more efficient. With organized information, your legal representative can begin to research and look into the legal options you and your loved one have.

Find Out What You Need to Do

If you are not the Power of Attorney for your loved one, things might come to a stop without this person's help and consent. Talk to this person about arranging for a copy of all the medical records and information about your loved one from the nursing home. This information will be critical to your case.

You know the most about the situation. Your personal injury lawyer may ask you to go to friends and family members to talk to them about any evidence that they may have seen of the abuse or neglect. It is important that they consider testifying and sharing their information with the attorney. Before starting up these conversations, make sure that you talk to your legal representative. You want to make sure that you are following the right guidelines when it comes to these conversations.

Be Available

Throughout the process, your personal injury attorney may have questions about the case or need more information. In some cases, a law firm will have their own team of investigators. This will be beneficial to you in that they will be able to look into the situation and provide more information from an unbiased individual. When it comes to proving your case, having an investigator can be a huge advantage.


Get the personal injury lawyer Law Office of Jeffrey D. Starker, P.A. To set up a free consultation, visit http://starkerlaw.com

Medical Malpractice and the Law

Medical malpractice cases can be big news, but these cases run the gamut from minor injuries to permanent injuries to death. What is medical malpractice? It's a mistake, often called medical negligence, made by a doctor, nurse, or other medical professional that results in a patient's injury. Doctors and medical facilities maintain malpractice insurance policies to pay for these mistakes, and patients can file lawsuits against the doctor and medical facility or hospital to receive money for the injuries.

The most obvious type of medical malpractice is a mistake made during surgery. This famously happened to comedian and former Saturday Night Live star, Dana Carvey. He had a blocked artery to his heart, but the surgeon ended up operating on the wrong artery. This meant that Carvey had to undergo a second surgery. In this high profile medical malpractice case, Carvey was awarded $7.5 million.

Other surgical mistakes could lead to infection, paralysis, accidentally cutting a vital organ, or leaving a foreign object inside the patient's body. Surgical mistakes are only one type of medical malpractice, however. These cases can involve any number of mistakes, such as:

Misdiagnosis - A doctor may inaccurately determine that a patient has one condition or disease when it is later discovered that the patient had a different condition or disease. If the real disease goes untreated, it can lead to injury or death. A misdiagnosis may also lead the doctor to prescribe the wrong medications or unnecessary surgery, which can cause injury to the patient.

Delayed diagnosis - In this case, the physician fails to determine that the patient has a serious illness such as cancer or heart disease. Obviously, if the person isn't treated because the doctor failed to recognize the illness, it could lead to injury or death. A delay can also occur if someone is forced to wait in an emergency room for too long, for example.

Anesthesia Mistakes - Anesthesiologists are responsible for the medication that causes a patient to sleep during a medical procedure. Since people can be sensitive to these medications, it's the responsibility of the anesthesiologist to review a patient's medical history to try to ensure that the anesthesia medication won't cause problems. If it does, the anesthesiologist and medical facility may be sued for the patient's injuries.

Prescriptions - Before prescribing medications, a doctor needs to know all other medications that a patient may be taking because it can be dangerous to mix them. It can also be dangerous to take some medications if the patient has a specific disease. For example, a particular heart medication may be dangerous for someone with Parkinson's Disease.

Childbirth - If medical personnel make mistakes during childbirth, the result can be death or permanent disabilities, such as brain damage in the baby.

Of course, these are just a few of the more common forms of medical malpractice. Dental malpractice and all sorts of other possibilities exist in the medical field.

What to Do If You Have Been Injured by Medical Malpractice

If you believe that you or a loved one has been injured by medical malpractice, the first thing you need to do is consult a lawyer. These kinds of cases can be very complicated, so it's absolutely necessary to have an experienced attorney working on your behalf.

Why are these cases so complicated? It can often be difficult to prove that the medical professionals acted negligently. All medical records have to be carefully examined to determine if malpractice really did take place. Did the doctor not perform his or her duties up to the standards expected of the profession? This can be likened to a driver who runs a red light or doesn't stop for a stop light.

It is also important to note that each state has what is called a "statute of limitations" on medical malpractice claims. So, you need to act quickly if you believe malpractice has taken place because after a period of time, you will no longer be allowed to file a lawsuit.

Most lawyers who work on medical malpractice cases don't require you to pay them a fee up front. They work on what is called a "contingency" basis, which means that they take a percentage of the total settlement you receive when the case is finished. The lawyer takes a certain risk here, so it's to the lawyer's advantage to only take cases that are likely to lead to a settlement that will be higher than the costs of the lawsuit. This means, first and foremost, that there must be what is called "causation."

Causation means that it must be provable that the injury occurred as a direct result of the medical professional's negligence. Most of the lawyers who handle medical malpractice cases have medical investigators to help them develop the evidence to prove that you or your loved one was indeed a victim of malpractice.

It's also to the lawyer's advantage to try to get you as much money as possible and to try to keep your case from going to court. This means that the lawyer will negotiate on your behalf with the lawyer for the malpractice insurance company, working to obtain a settlement for you. Experienced medical malpractice attorneys know what settlement amounts are reasonable to expect for different kinds of cases.

How long do medical malpractice lawsuits take to settle? This varies greatly and depends on a number of factors. The more complex the issues involved, of course, the longer it will probably take before a settlement will be reached.

The most important reason for filing a medical malpractice lawsuit is to receive the money you need for medical care related to the injury. If the injury is permanent, such as in the case of cerebral palsy or paralysis, the costs can be enormous and will last a lifetime. The injured person or the caretaker of the injured person may not be able to work for a period of time, so there may also be a loss of income - before the settlement and perhaps also in the future.

In addition, there may be money awarded for what is called "pain and suffering" and for "loss of consortium," which refers to a loss of benefits by the injured person's husband or wife. Punitive damages are also sometimes awarded, which is punishment when the negligence is extreme. Monies in the settlement that are for non-economic damages, such as pain and suffering, punitive damages, and loss of consortium, are restricted in some U.S. states.

Another reason for filing a medical malpractice suit, however, is to make sure that the medical professional isn't negligent with other patients. This doesn't mean that the doctor will be forced to stop practicing medicine, however. In most cases, the malpractice is considered to be an honest mistake. The negligence must be extreme for a doctor to lose his or her medical license, and the health department is the agency that must make that decision.

Law Office of Jeffrey D. Starker, P.A. Contact Us for a FREE case Review-407-644-3921. Visit Us at http://starkerlaw.com

When You Need a Product Liability Attorney

Each year, thousands are injured or die from faulty products manufactured both here and abroad, or from the long-term effects of products known to cause health problems. When death or injury occur, it is necessary to hire a Product Liability Attorney. Drug companies, who now advertise to the masses with mega-million dollar advertising campaigns, attach long lists of potential side effects and potential health risks to their products. Sometimes, the lists are longer than the ad copy itself. Why? They are warning you. Warning because that despite the good their product can do, they know bad things could happen to you. They are covering their legal bases and trying to protect themselves from lawsuits.

Product Liability claims are generally based on one of these three issues: negligence, breach of warranty or strict liability. The term "Product Liability" refers to the liability of manufacturers, and any or all parties associated with that chain of manufacture for damages caused by the product they produce. This definition is broad in scope, but the actual liability of manufacturers can scroll down to the minutest detail of a product that causes it to be dangerous. Product liability cases are generally based on three concepts:

- a defect in design,

- a defect in the manufacturing process,

- the failure to warn of potential for danger.

These concepts assume that the manufacturer has carefully considered the potential and foreseeable dangers inherent in his product's design. So most claims of Product Liability are not based on negligence, but on a concept called 'strict liability'. Strict liability theory asserts that a manufacturer can be held responsible whether or not he/she acted negligently, because it presupposes that the well-off manufacturer is in a better position to assume the costs of liability than the victim and the manufacturer builds the cost of such liability into the price of his product. California was the first state to assert this theory in 1963 when it stopped requiring victims to prove negligence and allowed for compensation for Product Liability through strict liability. Strict liability theory is rarely applied to anything but manufacturing defect. It rarely includes bad designs or failure to warn. An expert Product Liability Attorney can untangle these issues for you if you feel you've been the victim of Product Liability.

For example, in Virginia a man was using an industrial nozzle and hose to wash down some machinery. The defective nozzle exploded in his face, inflicting catastrophic facial, eye and traumatic Brain Injuries. The manufacturer in China was found to be negligent and strictly liable in its manufacturing of the nozzle. One wall of the nozzle was doubly thick and the other side only a few hair-widths wide. Examination of other similar nozzles found many more examples of such a defect. The Product Liability Attorney recovered $4 million for his injured client.

"Breech of Warranty" claims in Product Liability can cover a broad range of problems. If, for instance, in advertising or marketing a product, the manufacturer makes claims that are not only untrue, they pose a danger to the user, they can be held in breech of warranty. Let's say the manufacturer of a chain saw claims that it's great for cutting turkeys. That also implies it might be useful for cutting other, non-tree limb objects. The company has given instruction on what is a reasonable expectation of the product. But when Sam Dolt uses the chain saw to carve his Thanksgiving turkey and impress his friends, the turkey not only flies off the table injuring his guests, the chain saw jumps off the metal carving plate and hits Sam in the shoulder injuring him, too, who is at fault? Sam, because he was an idiot for carving a turkey with a chain saw? Or the chain saw manufacturer for suggesting it was a good idea. Sam's Product Liability Attorney argued that under breech of warranty theory, the manufacturer is liable because he expressly stated in his marketing campaign that this was one of the product's possible uses. Sam, who does not need to prove negligence, would likely win this case.

Claims of "Failure to Warn" are often considered to be based on negligence. First, manufacturers owe a duty to the consumer to warn of potential problems. If they shirk that duty, then they are negligent. Secondly, if there is an injury and the breech of duty caused that injury, they are negligent. This is why you see little warning labels stuck to electric hair dryers that warn against using near water. The manufacturer can rightly assume that you will be using this dryer in the bathroom (where water is plentiful) and it is their duty to warn you of that potential and foreseeable danger. If they breeched that duty, that would constitute negligence on their part.

If you live in in the state of Florida and feel you have been injured because of product liability, contact an expert Product Liability Attorney in Orlando, Florida. It is important to take this crucial step as soon as possible. There is a time limit on filing Product Liability claims.

Jeffrey D. Starker, P.A. is an expert Product Liability Attorney in Orlando, Florida. If you have any questions about an accident or insurance case, please do not hesitate to contact our office for a free consultation.

Food Poisoning - Do You Have a Legal Claim?

Anyone who prepares food for others, especially those who do so on a commercial basis, has a duty of care to make and serve food that is both nutritionally acceptable, as well as considered to be fit for human consumption. Any food that is contaminated in anyway such as with glass or metal particles, or with vermin feces or parts, or food that has been poisoned or improperly stored or prepared is dangerous to the health of anyone who would consume it, and is classified as not fit for human consumption. Sometimes it is not as obvious as to why or how the food has become tainted so a review by a trained professional may be required in order to assign liability.

Failing to take certain precautions and uphold this duty could result in legal liability for those who suffer harm. This includes paying for medical expenses, a loss of income, pain and suffering, as well as any future medical bills associated with the illness, or permanent disabilities.

Victims of food poisoning do not have to prove that the person who served the food knew it was harmful, however if any employee knew of a potential problem and did not stop the food from being served, this information could prove quite helpful in a food poisoning lawsuit.

When to File a Legal Claim, and When Not To

Just because you got sick from eating food that came from a commercial establishment does not mean that you have grounds for a lawsuit, or that you should file a lawsuit. If for example, you have experienced a day or two of intestinal or stomach problems that left you a bit dehydrated, but no worse for wear, you do not really have a viable claim. Even if you still wanted to file such a claim, the benefit would not outweigh the costs, and most attorneys would not feel as though the potential damages recouped would be worthwhile.

For the most part, the majority of food poisoning cases resolve on their own, without medical intervention in a matter of a couple of days. These types of cases, if you must pursue them, could be filed in a small claims court, to seek minimal damages. That being said, if you have been severely poisoned, resulting in hospital bills, a loss of income for a month or more, permanent health problems such as muscle or nerve damage, or even a death has resulted, you have grounds for a much more serious legal claim.

Actions to Take if Food Poisoning is Suspected

If you suspect that you have been poisoned by eating food at a commercial outlet, the first thing you should do is seek medical attention. For the most part, symptoms that appear within a short period of time after eating the food are indicative of food poisoning. While it may be difficult because the restaurant will not save it for you, you should try to preserve some of the food if possible for use as evidence later. If it is found that the food poisoning is more serious in nature, the victim or his or her family or friends should contact a personal injury attorney who specializes in food poisoning as soon as possible. These professionals know how to secure evidence that will be needed at a later date, as well as obtain statements from witnesses and employees right away, before memories fade over time.

If you suspect food poisoning almost immediately after consuming the food, or even while still at the commercial outlet, you may want to talk to the employees yourself to find out if they knew about the issue, or have had other similar problems. You may be surprised by how much information you can obtain in this fashion. This type of information can help a great deal should you end up pursuing a legal claim. Not only that, anyone who was served the same food should write down exactly what they ate, as it will be important down the road and they may not remember later on. This helps to establish a strong case for the source of the contaminated food.

What to Do If You Experience Food Poisoning on Vacation

Should you fall ill while eating food on vacation, look for a personal injury attorney locally; do not wait until you are home. If you fall ill while on a cruise ship or at a resort, it is not likely that the staff or management will admit fault, and they will claim you are ill for another reason. That being said, if a large number of people on the same ship or at the same resort fall ill, then it is quite obvious the food is to blame. If the extent of the illness is not severe, a free trip, or free meals may be issued for compensation. There are no laws governing how much compensation should be given, however.

When to Hire an Attorney

If your case of food poisoning exceeds a small amount that would be handled in a small claims court, it is wise to contact a personal injury attorney who specializes in this area of the law. Since a restaurant's livelihood is based upon their reputation, do not expect an admission of guilt easily. This is where an attorney can come in quite handy. He or she is skilled in documentation and investigation into these types of claims and can easily obtain required information.

If you or someone you know has suffered because of food poisoning and you suspect negligence has occurred, it is best not to wait to contact a personal injury attorney. More than likely you may be entitled to receive damages for medical bills, pain and suffering, and even loss of income. Most personal injury attorneys work on a contingency basis, which means you have nothing to pay upfront, until the time your case is settled. You should not hesitate to take the proper steps to seek the justice you deserve. You are not only protecting yourself, but also the health of others.

If you or a friend or family member feel that you have been the victim of food poisoning, please contact Law Office of Jeffrey D. Starker, P.A. for a free consultation.

When You Need a Product Liability Attorney

Each year, thousands are injured or die from faulty products manufactured both here and abroad, or from the long-term effects of products known to cause health problems. When death or injury occur, it is necessary to hire a Product Liability Attorney. Drug companies, who now advertise to the masses with mega-million dollar advertising campaigns, attach long lists of potential side effects and potential health risks to their products. Sometimes, the lists are longer than the ad copy itself. Why? They are warning you. Warning because that despite the good their product can do, they know bad things could happen to you. They are covering their legal bases and trying to protect themselves from lawsuits.

Product Liability claims are generally based on one of these three issues: negligence, breach of warranty or strict liability. The term "Product Liability" refers to the liability of manufacturers, and any or all parties associated with that chain of manufacture for damages caused by the product they produce. This definition is broad in scope, but the actual liability of manufacturers can scroll down to the minutest detail of a product that causes it to be dangerous. Product liability cases are generally based on three concepts:

- a defect in design,

- a defect in the manufacturing process,

- the failure to warn of potential for danger.

These concepts assume that the manufacturer has carefully considered the potential and foreseeable dangers inherent in his product's design. So most claims of Product Liability are not based on negligence, but on a concept called 'strict liability'. Strict liability theory asserts that a manufacturer can be held responsible whether or not he/she acted negligently, because it presupposes that the well-off manufacturer is in a better position to assume the costs of liability than the victim and the manufacturer builds the cost of such liability into the price of his product. California was the first state to assert this theory in 1963 when it stopped requiring victims to prove negligence and allowed for compensation for Product Liability through strict liability. Strict liability theory is rarely applied to anything but manufacturing defect. It rarely includes bad designs or failure to warn. An expert Product Liability Attorney can untangle these issues for you if you feel you've been the victim of Product Liability.

For example, in Virginia a man was using an industrial nozzle and hose to wash down some machinery. The defective nozzle exploded in his face, inflicting catastrophic facial, eye and traumatic Brain Injuries. The manufacturer in China was found to be negligent and strictly liable in its manufacturing of the nozzle. One wall of the nozzle was doubly thick and the other side only a few hair-widths wide. Examination of other similar nozzles found many more examples of such a defect. The Product Liability Attorney recovered $4 million for his injured client.

"Breech of Warranty" claims in Product Liability can cover a broad range of problems. If, for instance, in advertising or marketing a product, the manufacturer makes claims that are not only untrue, they pose a danger to the user, they can be held in breech of warranty. Let's say the manufacturer of a chain saw claims that it's great for cutting turkeys. That also implies it might be useful for cutting other, non-tree limb objects. The company has given instruction on what is a reasonable expectation of the product. But when Sam Dolt uses the chain saw to carve his Thanksgiving turkey and impress his friends, the turkey not only flies off the table injuring his guests, the chain saw jumps off the metal carving plate and hits Sam in the shoulder injuring him, too, who is at fault? Sam, because he was an idiot for carving a turkey with a chain saw? Or the chain saw manufacturer for suggesting it was a good idea. Sam's Product Liability Attorney argued that under breech of warranty theory, the manufacturer is liable because he expressly stated in his marketing campaign that this was one of the product's possible uses. Sam, who does not need to prove negligence, would likely win this case.

Claims of "Failure to Warn" are often considered to be based on negligence. First, manufacturers owe a duty to the consumer to warn of potential problems. If they shirk that duty, then they are negligent. Secondly, if there is an injury and the breech of duty caused that injury, they are negligent. This is why you see little warning labels stuck to electric hair dryers that warn against using near water. The manufacturer can rightly assume that you will be using this dryer in the bathroom (where water is plentiful) and it is their duty to warn you of that potential and foreseeable danger. If they breeched that duty, that would constitute negligence on their part.

If you live in in the state of Florida and feel you have been injured because of product liability, contact an expert Product Liability Attorney in Orlando, Florida. It is important to take this crucial step as soon as possible. There is a time limit on filing Product Liability claims.

Jeffrey D. Starker, P.A. is an expert Product Liability Attorney in Orlando, Florida. If you have any questions about an accident or insurance case, please do not hesitate to contact our office for a free consultation.

How an Attorney Can Help Insurance Disputes

Accidents can be tragic, life-changing events. They are never planned for; therefore, people aren't normally mentally prepared for them, or what to do after they happen. Typically the days or weeks after an unfortunate accident are a mad scramble to seek medical help, letting one's employer know that they cannot work, finding someone to care for the pets and often times finding someone to care for their children.

When our vehicle has been destroyed in an auto accident, multiple phone calls will be made to insurance companies, and car rental companies. If the car has been totaled, someone will have to go to the wrecking yard to remove personal belongings from the vehicle and arrangements will have to be made to turn over the vehicle.

Other types of accidents not involving motor vehicles can also require extensive hospital stays. Arrangements will have to be made for someone else to care for the home, pets and the family. When the victim is seriously injured and unable to make such arrangements, someone else will have to handle things for them.

Needless to say, serious accidents can turn someone's life upside down for extended periods of time. Not only will the victim have to focus on receiving medical treatment, but they will have to figure out how they will manage their life from a hospital bed, or while convalescing at home. The last thing they should be doing is negotiating with insurance companies when they are both unqualified to estimate their claim, and when they are lacking the full physical and mental capacities to go up against large insurance companies.

After an accident, the insurance company has the advantage over an accident victim. Some victims are unable to speak for themselves due to their medical condition; they may need a spouse, family member or friend to help them. While others may be very concerned about how they are going to make ends meet, and in a rush to obtain a settlement, they may accept an offer far below what their claim is worth.

Accident victims should never represent themselves against an insurance company. Insurance companies are in the business of keeping their bottom line as low as possible, and their profit margin high. Even if you are trying to get money from your own insurance company, don't make the mistake of thinking that they are motivated to pay you more just because they are your carrier, or because you pay them payments every month.

Even though people pay premiums to their insurance company, it does not mean that their insurance company won't deny their claim, or offer them a low-ball settlement. It is a widely known fact that an insurance company is likely to offer an accident victim far less on their claim when they are acting alone, than if they had an attorney involved. A lawyer will have the resources necessary to hire vocational experts and economists that can establish your past and future losses. They can also hire independent medical experts, that will be able to have a better estimation of your ongoing medical care, any rehabilitation, or future surgeries that might be necessary.

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Law Office of Jeffrey Starker P.A.

How an Attorney Can Help Insurance Disputes

Accidents can be tragic, life-changing events. They are never planned for; therefore, people aren't normally mentally prepared for them, or what to do after they happen. Typically the days or weeks after an unfortunate accident are a mad scramble to seek medical help, letting one's employer know that they cannot work, finding someone to care for the pets and often times finding someone to care for their children.

When our vehicle has been destroyed in an auto accident, multiple phone calls will be made to insurance companies, and car rental companies. If the car has been totaled, someone will have to go to the wrecking yard to remove personal belongings from the vehicle and arrangements will have to be made to turn over the vehicle.

Other types of accidents not involving motor vehicles can also require extensive hospital stays. Arrangements will have to be made for someone else to care for the home, pets and the family. When the victim is seriously injured and unable to make such arrangements, someone else will have to handle things for them.

Needless to say, serious accidents can turn someone's life upside down for extended periods of time. Not only will the victim have to focus on receiving medical treatment, but they will have to figure out how they will manage their life from a hospital bed, or while convalescing at home. The last thing they should be doing is negotiating with insurance companies when they are both unqualified to estimate their claim, and when they are lacking the full physical and mental capacities to go up against large insurance companies.

After an accident, the insurance company has the advantage over an accident victim. Some victims are unable to speak for themselves due to their medical condition; they may need a spouse, family member or friend to help them. While others may be very concerned about how they are going to make ends meet, and in a rush to obtain a settlement, they may accept an offer far below what their claim is worth.

Accident victims should never represent themselves against an insurance company. Insurance companies are in the business of keeping their bottom line as low as possible, and their profit margin high. Even if you are trying to get money from your own insurance company, don't make the mistake of thinking that they are motivated to pay you more just because they are your carrier, or because you pay them payments every month.

Even though people pay premiums to their insurance company, it does not mean that their insurance company won't deny their claim, or offer them a low-ball settlement. It is a widely known fact that an insurance company is likely to offer an accident victim far less on their claim when they are acting alone, than if they had an attorney involved. A lawyer will have the resources necessary to hire vocational experts and economists that can establish your past and future losses. They can also hire independent medical experts, that will be able to have a better estimation of your ongoing medical care, any rehabilitation, or future surgeries that might be necessary.