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Wrongful Death | Personal Injury

Gherman Law Practices
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Wrongful Death | Personal Injury

This firm's lawyers recovered hundreds of thousands dollars for their clients: experience matters.

Our office vigorously litigates personal injury and wrongful death claims. Chapter 768 of the Florida Statutes establishes the right to compensation for the families and children of persons who died by another's negligence.  The tragic event could have arisen in numerous situations, such as a plane crash, car crash, construction site accident, defective product, or medical malpractice.
 
The shock over the unexpected death of a family member can devastate the survivors emotionally and financially. A monetary recovery can help survivors in coping with the uninvited, often ongoing, changes in their lives.

Fee structure: you do not pay us unless we win for you.

Negligence

Our firm forcefully prosecutes claims of negligence.  We help clients determine the right amount of just compensation the opponent owes them.

In order to prevail on a negligence claim plaintiff must prove both of the following facts by a preponderance of the evidence: (1) that defendant was "negligent;" and (2) that such negligence was a "legal cause" of damage sustained by plaintiff.

Regarding the first fact

"Negligence" is the failure to use reasonable care.  Reasonable care is that degree of care that a reasonably careful person would use under like circumstances. Negligence may consist either in doing something that a reasonably careful person would not do under like circumstances, or in failing to do something that a reasonably careful person would do under like circumstances.

Regarding the second fact

Negligence is a "legal cause" of damage if it directly and in natural and continuous sequence produces, or contributes substantially to producing such damage, so it can reasonably be said that, except (“but for”) for the negligence, the loss, injury or damage would not have occurred.  Negligence may be a legal cause of damage even though it operates in combination with the act of another, some natural cause, or some other cause if such other cause occurs at the same time as the negligence and if the negligence contributes substantially to producing such damage.

Burden of proof

If a preponderance of the evidence does not support plaintiff's claim, then the verdict should be for defendant.  If, however, a preponderance of the evidence does support plaintiff's claim, then the jury will consider any potential defenses raised by defendant.
The information above is merely an outline of the general legal principle.  During the litigation many issues come up such as comparative negligence, problems with compensatory and/or punitive damages, as well as a slew of affirmative defenses, such as mitigation of harm. You may want to consult our office for help.

Fee structure: you do not pay us unless we win for you.

Personal Injury

Our services include prosecution and defense of persons and entities involved in personal injury disputes.  “Personal injury” is a general classification of actions brought under Chapter 768 of the Florida Statutes governing negligence and wrongful death.  “Personal injury” also describes actions brought to remedy the consequence of certain criminal conduct, such as false imprisonment, rape, or abuse.

Human Trafficking | Victims of Sexual Exploitation of Children

Gherman Legal PLLC represents victims of human trafficking, sexually exploited children, and victims of human rights abuses stemming from adoptions. Securing more prosecutions of perpetrators of human trafficking and of sexual exploitation must go hand-in-hand with creation of a strong punitive economic disincentive to perpetrators.

In the context of international law, the human rights litigation is a form of personal injury litigation.  The sources of the law on which a particular cause of action may potentially be based will have to come from international custom, treaties, general jus cogens principles, or opinions of judges and international jurists.  If the cause of action is based on a violation of general norms of international law, a Congressional implementation may not always be required to serve as a basis for a lawsuit.  By contrast, in a personal injury context, most causes of actions have been codified by the Legislature in some form or another, save a few common law principles.

The following memorandum exemplifies some of the above-mentioned principles; this was a case in which attorney Gherman successfully represented the interests of several indigent children that were exploited by an individual profiting from foreign sex travel.

Fee structure: you do not pay us unless we win for you.

Consumer Products

The firm litigates claims arising from design and manufacturing defects.  Whether a consumer product caused you harm, or you find yourself defending against a claim arising out of an allegedly defective product, we can help.  We strive to settle your dispute whenever possible, minimizing the costs of the litigation. Our approach is through an understanding of the nature of the product at issue, and balancing its business and societal positives and negatives.  We work closely with the client, offering the most efficient way to successful resolution of the dispute.

The idea of negligence being applicable to a product is a relatively novel concept.  Products liability litigation is an involving process demanding consideration of such legal theories as express warranty, implied warranty of merchantability, implied warranty of fitness for particular purpose, strict liability, strict liability failure to warn, negligence, negligent failure to warn, or/and inference of product defect.  In addition, burdens of proof are considered as an integral part of the legal analysis – both on the main claims and on the defense issues. Proximate causation of the claimed loss/injury is another complex inquiry in a products liability action.