Crime victims may feel helpless and not know they can seek justice beyond a criminal conviction for their attackers. Florida law gives crime victims clear rights to information about what is going on in their attackers’ criminal cases and a way to seek compensation, often called restitution. Using your state-given rights, you can collect compensation from your attacker for your losses.

Miami attorney Joshua Hertz is dedicated to representing crime victims and helping them assert their rights. Our firm assists crime victims by helping them file civil lawsuits against their attackers, assisting them in finding skilled medical treatment, and helping them secure help from the Florida Crime Victims Compensation Fund. Call 305-682-9010 or e-mail our firm today to learn how we can help.

Contact our Miami law firm for a free consultation to discuss your crime victims’ rights and your case. Attorney Joshua Hertz will call you back immediately. Free, no-risk consultation – we do not get paid unless you collect. Se Habla Español.

Our firm understands premises liability law and what you may be entitled to if a crime was allowed to happen when you should have been protected. We help crime victims and their families collect compensation for a variety of crimes that were allowed to happen, such as:

If property owners, managers, or cruise lines do not provide proper or adequate security for their guests, they can be held liable for shootings, robberies, sexual assaults, and rapes. Molestation, robbery, rape, and sexual assault victims have rights that must be protected, whether the crime occurred in a hotel, in a school, in a church, or on a cruise ship.

For a free consultation to talk with a compassionate and experienced lawyer about the crime committed against you and its effects, call 305-682-9010 or e-mail Miami attorney Joshua Hertz.

A cruise ship accident claim must be handled in a much different way than other boating accident claims. Your statute of limitations is much shorter, and your cruise ticket often states that you must file your lawsuit or claim for injuries only in Miami. If you were injured on a cruise ship that leaves from or docks in Miami, you need an experienced attorney who understands the law and intricacies of filing cruise chip accident claims.

We can provide skilled legal services and support if you were injured or if your family member died on a cruise ship. If you want to discuss your cruise ship accident, attorney Joshua Hertz will be happy to provide a free claim evaluation. Call 305-682-9010or e-mail us today.

Contact our Miami-Dade County law firm to discuss your cruise ship accident in a free consultation. Lawyer Joshua Hertz will call you back immediately. Free, no-risk consultation – we do not get paid unless you collect.

In determining whether you have a claim and where to file a claim or lawsuit, an experienced lawyer can investigate your accident, collect the facts and witness testimony, and gather other information by asking important questions, such as:

• Did the accident happen while your cruise ship was docked at port or while at sea?
• Did you slip and fall or trip and fall while on a cruise ship?
• Was your cruise ship accident the result of poorly maintained floors, ripped carpets, uneven doorways, or other negligence on the part of the cruise staff?
• Were you injured or did your family member drown in a cruise ship swimming pool?
• Does your cruise ship accident involve assault, rape, or other crimes that were allowed because of poor security or inadequate safety precautions?
• Were you seriously injured by defective equipment or products while on a cruise ship?
• Are you a cruise ship worker who suffered a seamen injury while on duty?

If you were the victim of a crime while a passenger on a cruise ship, we can assist you in filing a sexual assault claim. If you suffered serious slip and fall injury or if your family member died while on a cruise, our firm can help you file a personal injury or wrongful death claim according to the law that governs cruise ship accidents.

We offer free consultations to people injured in cruise ship accidents, both passengers and crew members. Call 305-6829010 or e-mail Miami attorney Joshua Hertz to discuss your cruise ship accident with a highly experienced and skilled personal injury lawyer.  We have handled dozens of these claims and will be happy to assist you.

Florida Premises Liability Attorney

It is the responsibility of property owners and managers to maintain a reasonably safe property for visitors (invitees), residents, employees. Homeowner’s and business insurance policies cover a wide variety of claims, including those for dog bites, assaults due to inadequate security, swimming pool drowning, and exposure to toxic chemicals and mold.

The most common premises liability claim is for slip and fall accidents. Attorney Joshua Hertz has successfully recovered compensation on behalf of clients injured in trip and fall, slip and fall, and other premises liability claims. If you would like to discuss an accident claim with experienced attorney Joshua Hertz, please call 305-682-9010 or e-mail our Miami, Florida, law office for a free consultation.

Contact our Miami, Florida, personal injury lawyer for a free consultation about your trip or slip and fall accident. Lawyer Joshua Hertz will call back immediately. Free, no-risk consultation – we do not get paid unless you collect.

Do you have a premises liability slip and fall case?

When determining whether your fall entitles you to personal injury compensation, attorney Joshua Hertz will look for evidence of negligence on the part of the property owner or manager. Did you trip on debris that went unattended for a period of time or on a dangerous staircase? Did a cleaning service leave a slippery floor in your place of employment? Did you fall on a slippery grocery aisle?

What is the full cost of your accident?

Slip and fall, dog bites, or other accidents and assaults can have medical and emotional consequences that last for years, possibly a lifetime. Back, neck, or brain injury, facial scarring, or post-traumatic stress disorder can alter your life.

When we determine that your accident injury claim resulted from the negligence of another, attorney Joshua Hertz and our firm will see that the full cost of your accident is accurately evaluated and reflected in your claim for medical expenses, pain and suffering, lost wages, and in some cases, punitive damages.

It is our goal to see that you receive the compensation you need and deserve to take care of yourself and your family. Call 305-682-9010 or e-mail our Miami law firm to schedule a free consultation and case evaluation with premises liability lawyer Joshua Hertz.

Catastrophic Injuries are devastating and permanent in nature. Whether they are caused by car accidents, work-related accidents, medical errors, defective products, prescription drug reactions or other dangerous conditions, they have an enormous impact on the lives of the victims and their families.

Examples of catastrophic injuries include brain injuries, spinal cord injuries, severe burns, accidental amputations and neurological disorders.  Let me be your attorney to guide you and help you in all areas.  We are a small law firm that take on selective cases and personally handle all matters that you will not get from the bigger firms.

Catastrophically injured people require specialized medical care- often for the rest of their lives- but unfortunately, determining who is responsible is usually difficult, and often, there are several parties whose conduct played a role in the injury. Even when fault is known, the insurance coverage is often inadequate to provide compensation for medical care, much less make up for the lack of wages that a catastrophically injured person needs to live. Therefore it often becomes necessary to seek alternative compensation. These types of cases are complex, lengthy and costly to take to trial, and large jury verdicts are rare. Often the victim is under-compensated, with the compensation falling well short of funds needed to adequately pay for required medical care.

Because of this, success in court can literally mean the difference between life and death.

Joshua Hertz has the legal and financial resources, and the experience, to successfully help victims seek justice. We will help uncover clues and evidence that may be missed by others in complex cases. These clues, in turn, can help to establish carelessness, negligence and intentional wrongdoing on the part of the defendant, whether it be an individual, insurance company or corporation.

If you or a loved one has been catastrophically injured, contact us. We are here to answer your questions, explain your rights and help you pursue justice.

Can I control whether my car is repaired or replaced?
How is the market value of my car determined?
What if I am “upside down” on the loan for my car?
Can I choose my own repair shop?
What kind of parts will be used in the repair?
What if my car already had some damage before the accident?
Will I have to pay the towing and storage costs?
What about license and registration fees that I had to pay to drive the car?

Rental Car Questions

What if I need a rental car? Do I have to pay for it while my car is being repaired?
What kind of rental car am I entitled to?
Should I purchase any extra insurance on the rental car provided to me?

Can I control whether my car is repaired or replaced?

This can be a difficult issue. For most people, getting back into their own vehicle as soon as possible is a priority. Normally, the insurance company has the option to either repair or replace your vehicle, depending on whether it costs less to replace your vehicle than to repair it. If this is the case, the insurance company will declare your vehicle a “total loss,” and take action to replace your vehicle. If your car is declared a “total loss,” the insurance company buys your car for its market value (see below), which can be difficult to determine. If you wish to keep the wrecked car, you may purchase it back from the insurance company for its salvage value. The insurance adjuster can deduct the salvage value from the settlement and you can keep the car.

Often the situation is reversed, and the insurance company chooses to repair a vehicle rather than replace it. In this case, if you are concerned about the safety of the repaired vehicle, you should contact our office to discuss your options.

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How is the market value of my car determined?

You are entitled to recover the “fair market value” or the “actual cash value” of your vehicle immediately before the accident. One common source used to estimate fair market value is the Kelley Blue Book. Other sources of information are the local newspaper or the Auto Trader, which may list the for-sale price of cars of the same make, model, and year as yours. Occasionally, an expert vehicle appraiser is used to help prove the value of your vehicle.

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What if I am “upside down” on the loan for my car?

If you owe more money on the loan for the car than the fair market value of the car, you are “upside down” on the loan. Unfortunately, if your vehicle is a total loss, the insurance company is not required to pay more money to you simply because you are “upside down” with your car loan. They are only obligated to pay the “fair market value” of your car. You will still be responsible for paying off the balance of your car loan.

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Can I choose my own repair shop?

Yes. You always have the right to decide who will repair your vehicle; however the cost of the repair is not always determined by the estimate given by the repair facility of your choosing.

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What kind of parts will be used in the repair?

You have the right to demand that only original manufacturer parts be used in the repair, so if your car is a Pontiac, you should receive genuine Pontiac (GM) parts. Since your car was probably not new at the time of the accident, however, the mechanic may use refurbished or reconditioned parts.

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What if my car already had some damage before the accident?

If your vehicle had damage to it prior to the accident, it can be difficult to determine exactly what portion of the damage was caused by the accident itself. For example, if your car has a mechanical problem, the insurance company may claim that it existed prior to the accident if some evidence indicates that there was substantial pre-accident wear and tear to your vehicle. Therefore, it is important that you prove the connection between the auto accident and the damage you are claiming. Ordinarily, mechanics and collision repair personnel can help to prove the age of body damage or the cause of a mechanical failure. They can assist to convince the insurance company that the auto accident caused the damage you are claiming.

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Will I have to pay the towing and storage costs?

In most cases, unless there is a dispute as to who was at fault in the accident, the insurance company for the driver who caused the accident will pay the reasonable towing and storage costs (if necessary) of your car. After evaluating the vehicle, if the insurance company declares the car a total loss, it will have the car moved to a wrecking yard or a free storage area. If you refuse to allow the insurance company to move your car, however, you will have to pay the storage costs from the day of your refusal forward, or you can pay to have it towed to your home.

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What about license and registration fees that I had to pay to drive the car?

In order to drive your vehicle, you had to pay a tag fee and registration fees. You may be entitled to reimbursement for the prorated amount of these costs that are unused. The insurance company should also reimburse you for tag transfer fees and, in some cases, a prorated amount of sales tax on the actual cash value of the car at the time of the accident. Contact an experienced Georgia auto accident attorney to learn whether license and registration fees are recoverable in your case.

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What if I need a rental car? Do I have to pay for it while my car is being repaired?

If you caused the accident, or if there is a dispute over who is to blame, then you must either pay for the rental car yourself or seek coverage under your own insurance policy if rental coverage is available. Many insurance contracts do not provide for rental coverage for their own customers, so you need to contact your insurance agent to determine what coverage exists. If the other driver is at fault, then we will demand that the insurance company for the person who caused the accident provide you with a rental car for the time needed to repair your vehicle. Sometimes, you must pay the rental car bill first, with reimbursement coming from the insurance company later.

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What kind of rental car am I entitled to?

The insurance company has to pay for the reasonably incurred rental cost of a substitute vehicle. Often, there are disputes as to what qualifies as a “substitute” vehicle. Essentially, it should be a vehicle of similar quality, within the confines of what is available for rental.

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Should I purchase any extra insurance on the rental car provided to me?

Your own insurance policy should cover you while driving the rental car, but you should call your insurance agent to be sure that you are covered. The other driver’s insurance company is not required to pay for additional insurance if you choose to purchase it from the car rental company.

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CAR ACCIDENTS ATTORNEYS – WHAT SHOULD YOU DO IMMEDIATLEY AFTERWARDS?
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The moments after a car crash can be crucial on making sure you preserve your rights. There are a number of steps you can do to protect yourself and/or a love one. Of course, every situation is different and the list below may not apply to you. Some car accidents involve serious injuries and you may need to depend on your attorney to accomplish these goals. My firm’s personal injury lawyers are knowledgeable and experienced in handling Florida car accident cases. Remember, under Florida Law you are entitled “just compensation” for your injuries. Here is a list of some of the things you can do:

* Insist on getting an Accident-Report

* Talk to no one about the accident, except the police officer and doctors taking care of you.

* Take pictures of your car, other cars, scene of the crash and your injuries if possible.

* Insist on going to the hospital or seek some type of medical treatment to make sure you are okay.

* Exchange driver’s information if you don’t get a copy of the Accident Report.

* Make sure you get contact information from any witnesses.

Your Next Step…
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Call us immediately (305) 682-9010 so we can preserve evidence and start to work on your case to a successful end. We serve all counties in Florida in the following areas of law:

Car Accident, Motorcycle Accidents, and Truck Accidents, Dog bites, Slip and Falls, Defective Products,

Brain and Spinal Injury, Medical Malpractice, and Wrongful Death

Damages for Wrongful Death

Once the plaintiff has established the defendant’s liability in a wrongful death suit, the plaintiff must prove the type and amount of damages to which he or she is entitled. Joshua J. Hertz has dedicated its practice to helping injured people receive the compensation they deserve. The amount and type of damages available in a wrongful death case vary based upon the particular matter’s circumstances. Some types of damages and methods for calculating damages are described below. If a loved one has been wrongfully injured or killed, call us now to discuss the damages that may be recoverable in your case.

Amount of Damages

Generally, the jury determines the amount of damages in a wrongful death suit.  The amount of damages awarded is a fact-specific determination and can vary dramatically from case to case. The jury may consider the decedent’s age, life expectancy, occupation, health condition, spending habits, level of activity, interests, death and surrounding circumstances along with other factors in determining an appropriate damage award.

Full Value of the Life of the Decedent

Florida wrongful death law seeks to redress entitled parties with an amount that represents the “full value of the life of the decedent,” the monetary value of the deceased’s life established by the evidence with no deductions for any of the deceased’s necessary or personal expenses had he or she lived. The full value of the life of the decedent may include items with proven monetary value like lost potential lifetime earnings, income, or services, reduced to present cash value, or lost intangibles like a parent’s society, advice, and counsel as determined by the jury.  The full value of the life of the decedent is a figure that the jury is asked to decide using their “enlightened conscience.” As discussed above, the jury may consider both economic and noneconomic factors in determining the full value of the life of the decedent.

Present Value

When calculating the economic component of the full value of the decedent’s life, the jury is often instructed to equate this sum to the amount’s present value. The present value calculation accounts for future losses in today’s monetary terms and allows wrongful death awards to be paid in a lump sum.

In order to calculate present value, the future economic loss is typically first calculated using a life expectancy table. This table is only a guide and the jury may consider the life habits and health of the decedent in estimating life expectancy. In other words, the jury may conclude that the decedent’s life expectancy was longer or shorter than suggested by table guidelines. After a probable life expectancy is derived, the number of years that the decedent would have lived is multiplied by the annual income that would have been received. Once this future loss is calculated, it is discounted using a mathematical formula. The purpose for discounting this sum is to arrive at the present value of the lost dollars that would have been received by the decedent over a period of time.

Pain and Suffering

Pain and suffering damages may be available where it is demonstrated that the decedent suffered before death occurred. Whether, how much, and how long the plaintiff suffered are issues for the jury to decide.  The fact-intensive issue of whether a decedent was conscious and suffered pain or anxiety before their death is frequently disputed. Performing a thorough investigation, collecting and presenting evidence, and delivering a persuasive argument to the court are critical tasks for an experienced trial attorney whenever pain and suffering damages are at stake.

Medical and Funeral Expenses

Damages based upon the decedent’s funeral expenses, medical costs, and “other necessary expenses resulting from the [decedent’s] injury and death” may also be recoverable in a wrongful death suit.  To be eligible to recover these types of awards, the parties seeking recovery must somehow bear the burden of paying associated funeral expenses or medical costs incidental to the injury that caused the decedent’s death. Where funeral or medical expenses apply, a damage award may be supplemented with any appropriate interest payment.

Punitive Damages

Punitive damages, or exemplary damages, are awarded in torts cases to punish or deter a defendant.  Punitive damages may be awarded only where the plaintiff establishes that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or a high degree of carelessness.  Generally, to justify a claim for punitive damages, aggravating circumstances must exist in the act or the intention of the wrongdoer.