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1 Cohen INSIDER SECRETS: Battisti LEGAL Attorneys at Law ASSIGNMENT OF INSURANCE W R O N G F U L D E AT H BENEFITS! 2%34/2!4)/ ORANGE AVENUE, SUITE 200 WINTER PARK, FLORIDA #/-0!.9 3 '5)$% / ).352!.#% #,!)-3 TISTI.COM

2 It s About Justice Cohen Battisti has long been advocates for the rights of those who have lost a loved one due to a wrongful death. We are passionate about seeking justice and legal retribution in the form of compensation for the victim s family. In wrongful death cases, it is important to responsibly and compassionately make sure your loved one s voice is heard. It s About Justice is more than a slogan, it is our firm s mantra. The motto, developed by our founder Harvey V. Cohen, was derived from our mission statement. We are aggressive, zealous advocates for our client s rights. We are known for our tenacity, but we always remember that the client comes first we work for you and it is truly about justice! WRONGFUL DEATH Wrongful death liability legal services There is nothing more catastrophic to a family then the death of a loved one which could have, and should have, been avoided. Wrongful deaths occur in various forms such as: Automobile Negligence Drunk Driving Accidents Medical Negligence Nursing Home Negligence Slip and Fall Accidents, including Swimming Pool Accidents Dangerous or Defective Products Dog and Animal Attacks Cohen Battisti is an aggressive law firm which possess the experience and resources necessary to effectively guide you through each and every aspect of your wrongful death claim. AS YOUR WRONGFUL DEATH ATTORNEY, WE WILL FIGHT to ensure your legal rights, as well as your loved one s, are protected in an effort to help you recover fair compensation, which include: Funeral Expenses Pain and Suffering Possible Punitive Damages Medical Expenses Loss of Companionship Lost Earnings Civil law suits, unlike a homicide, have statutes of limitations which are time sensitive, limiting the time available to bring a wrongful death claim. If your loved one was the victim of a wrongful death, make sure their voice is heard and their legal rights are protected. Allow us to assist you in your efforts to hold those responsible accountable.

3 IT S ABOUT JUSTICE HARVEY V. COHEN After graduating from Stetson School of Law, Harvey was employed by the State Attorney s Office. Mr. Cohen is licensed to practice in Federal and State court. Harvey V. Cohen began as a solo practitioner and is now the managing partner of multiple attorneys and co-counsel staff. Mr. Cohen frequently gives informative seminars to the restoration professionals throughout various locations in Florida. These seminars include: Contractor s legal rights, Assignment of Insurance Benefits, the Attorney Fee Shifting Statute, Contract Drafting and more. His firm has handled thousands of insurance claims. Mr. Cohen has represented the restoration industry and our firm has recovered mllions of dollars for his clients. We are also the General Counsel for the Orlando Predators arena football team. STEVEN BATTISTI Steve Battisti began working as a claims adjuster for Allstate Insurance Company in 1985 after completing his Bachelor of Science degree in business administration and economics. He spent more than seven years dealing with all aspects of claims handling. Steve then went to the University of Miami School of Law where he earned his Juris Doctor Degree in Mr. Battisti has since worked as an insurance defense lawyer. His experience includes cases involving all aspects of personal injury, property damage, wrongful death, and insurance coverage disputes. He is a member of the Florida Bar Association, the Orange County Association, and the U.S. District Court Middle District of Florida.

4 FLORIDA WRONGFUL DEATH ACT (STATUTES) DISCLAIMER: This is part of the Florida Wrongful Death Act, the Florida Workers Compensation Statutes, and the Florida Personal Injury Protection (PIP) Statutes and it is offered for general information purposes. The portion of the statutes presented here should not be relied on without reviewing your legal situation with an experienced lawyer and making sure you are using the appropriate version of the statute for your case. The provisions applicable to your potential claim may or may not be the version that was in effect at the time of the incident because some changes to statutes are retroactive and some changes are not. Other statutes and other case law interpreting or applying these statutes may also apply to your case. (The information presented here applies to Florida only)

5 Wrongful Death Act It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer Definitions - As used in ss : IT S ABOUT JUSTICE (1) Survivors means the decedent s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child s support. (2) Minor children means children under 25 years of age, notwithstanding the age of majority, (3) *Support includes contributions in kind as well as money. (4) Services means tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the survivors of the decedent. These services may vary according to the identity of the decedent and survivor and shall be determined under the particular facts of each case. (5) Net accumulations means the part of the decedent s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. Net business or salary income is the part of the decedent s probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent s personal expenses and support of survivors, excluding contributions in kind Right of action - When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony Parties - The action shall be brought by the decedent s personal representative, who shall recover for the benefit of the decedent s survivors and estate all damages, as specified in this act, caused by the injury resulting in death. When a personal injury to the decedent results in death, no action for the personal injury shall survive, and any such action pendin at the time of death shall abate.

6 The wrongdoer s personal representative shall be the defendant if the wrongdoer dies before or pending the action. A defense that would bar or reduce a survivor s recovery if she or he were the plaintiff may be asserted against the survivor, but shall not affect the recovery of any other survivor Damages - All potential beneficiaries of a recovery for wrongful death, including the decedent s estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. Damages may be awarded as follows: (1) Each survivor may recover the value of lost support and services from the date of the decedent s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor s relationship to the decedent, the amount of the decedent s probable net income available for distribution to the particular survivor, and the replacement value of the decedent s services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered. (2) The surviving spouse may also recover for loss of the decedent s companionship and protection and for mental pain and suffering from the date of injury. (3) Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other. (4) Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors. (5) Medical or funeral expenses due to the decedent s injury or death may be recovered by a survivor who has paid them. (6) The decedent s personal representative may recover for the decedent s estate the following: (a) Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:

7 IT S ABOUT JUSTICE 1. If the decedent s survivors include a surviving spouse or lineal descendants; or 2. If the decedent is not a minor child as defined ins (2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent. (b) Medical or funeral expenses due to the decedent s injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent, excluding amounts recoverable under subsection (5). (c) Evidence of remarriage of the decedent s spouse is admissible. (7) All awards for the decedent s estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims. (8) The damages specified in subsection (3) shall not be re-coverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s (1). CHAPTER 440 WORKERS COMPENSATION Fla. Stat (2007) Compensation for Death (1) If death results from the accident within 1 year thereafter or follows continuous disability and results from the accident within 5 years thereafter, the employer shall pay: (a) Within 14 days after receiving the bill, actual funeral expenses not to exceed $7,500. (b) Compensation, in addition to the above, in the following percentages of the average weekly wages to the following persons entitled thereto on account of dependency upon the deceased, and in the following order of preference, subject to the limitation provided in subparagraph 2., but such compensation shall be subject to the limits provided in s (2), shall not exceed $150,000, and may be less than, but shall not exceed, for all dependents or persons entitled to compensation, 66 2/3 percent of the average wage: PIP Death Benefits STATUTE : (c) Death benefits Death benefits equal to the lesser of $5,000 or the remainder of unused personal injury protection benefits per individual. The insurer may pay such benefits to the executor or administrator of the deceased, to any of the deceased s relatives by blood or legal adoption or connection by marriage, or to any person appearing to the insurer to be equitably entitled thereto.

8 It s About Justice We are here for you in your time of need. Free and Confidential Consultations. Cohen Battisti, Attorneys at Law 1211 Orange Ave Suite 200 Winter Park, FL

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