What to Do If You’ve Been Injured on the Job and Your Employer Does Not Have Workers’ Compensation

Miami & Ft. Lauderdale, Florida

In the state of Florida, most employers are required to provide workers’ compensation. In the construction industry, all employers must carry workers’ compensation. Industries outside of construction with four or more employees must carry it, and employers in the farming industry with more five or more employees are required to carry workers’ compensation insurance.
If your employer does not have workers’ compensation, you need to contact one of our aggressive workers’ compensation attorneys right away. It may be illegal for your employer to not have workers’ compensation insurance, or you may need to file a claim with the uninsured employers’ fund. You deserve to be compensated for any on the job injury, but this can become more difficult when your employer does not have workers’ compensation insurance. Our attorneys can help you determine the best course of action to take, and help ensure you are provided with the compensation you will require to recover.
If you have been injured on the job in or around Miami, Ft. Lauderdale, West Palm, or Ft. Myer, Florida, please contact the workers’ compensation attorneys at The Cochran Firm South Florida to schedule a free initial consultation today.

Is Workers’ Compensation My Only Recourse after Being Injured on the Job?

Miami & Ft. Lauderdale, Florida

When you file a workers’ compensation claim, you waive your right to seek damages in a personal injury lawsuit against your employer. Workers’ compensation is an alternative to litigation, but not your only option.
If your injury was caused by an action of your employer who acted with the intent to harm you, and not from common workplace dangers, you may have cause to file suit against them. In addition, you may be able to seek compensation from other sources. If your injury was due to the negligence of another contractor at the same jobsite, you can sue them, as well as the general contractor. If your injury was due to a defective product, you may also be able to get compensation through product liability lawsuit.
The benefit of filing a workers’ compensation claim is that it is a no-fault system. This means that even if you were partially to blame for your injures, you can still collect compensation. This makes compensation available now.  By contrast, the process of proving negligence and seeking damages in a personal injury lawsuit can take years. During this time, your lost wages and medical bills will continue to compound, and a win is never guaranteed.
When you come to our office for your initial consultation, one of our workers’ compensation attorneys will help you determine what course of action will best meet your needs.
If you live in or around Miami, Ft. Lauderdale, West Palm, or Ft. Myer, Florida and have been injured on the job, please contact the workers’ compensation attorneys at The Cochran Firm South Florida for assistance in determining your best course of action today.

Negligent Homicide

Miami & Ft. Lauderdale, Florida

Negligent homicide, commonly known as “involuntary manslaughter,” is a felony murder charge in the state of Florida. Negligent homicide occurs when a life is taken through the negligent behavior of another person, as opposed to death as a result of intent or passion. Negligent homicide is often charged in addition to other crimes including DUI, or reckless endangerment.
Knowing Your Rights
When you are charged with negligent homicide, you face jail time and serious fines. You may also face family restitution, and a revocation of your license. Some of this will depend of your previous criminal record, much of it will depend on your choice of criminal defense attorneys.
The criminal defense attorneys at the Cochran Firm South Florida have years of experience helping people accused of negligent homicide in getting their charges dropped, or significantly reduced. We will work tirelessly to build a strong, sound defense on your behalf, and fight to ensure your rights and freedoms are preserved.
If you have been charged with negligent homicide in or around Miami, Ft. Lauderdale, West Palm, or Ft. Myers, Florida, please contact the experienced criminal defense attorneys at the Cochran Firm South Florida to schedule an initial consultation today.

Crimes of Passion

Miami & Ft. Lauderdale, Florida

The term “crime of passion” is generally used to refer to a murder that occurred due to a situation in which emotions became elevated, and the accused lost control. This is a second degree murder charge in the state of Florida and carries with it jail time and hundreds of thousands of dollars in fines.
You Need an Attorney
A crime of passion is not as black and white as are other cimes. It is entirely possible that your side of the story will be sufficient in convincing a jury that you should be acquitted, or your charges significantly diminished. To build an effective defense, you need an aggressive criminal defense attorney. The criminal defense attorneys at the Cochran Firm South Florida are dedicated to building a comprehensive defense on your behalf, and making sure you are given a fair trial.
You have a right to a fair trial in which your version of what happened, and a full explanation of the circumstances that led to your actions is explained. We will work to ensure you are heard, and that your rights and freedom are protected.
If you have been accused of committing a crime of passion, please contact the criminal defense attorneys at the Cochran Firm South Florida. We proudly defend men and women in and around Miami, Ft. Lauderdale, West Palm, and Ft. Myers, Florida.

Vehicular Manslaughter

Miami & Ft. Lauderdale, Florida

Vehicular manslaughter is a felony charge in the state of Florida. Often combined with other charges such as driving under the influence or reckless driving, vehicular manslaughter can result in jail time, heavy fines, and restitution to the victim’s family. When vehicular manslaughter is the result of a DUI, you may face additional penalties such as a permanent revocation of your license.
Fighting for Your Rights
Vehicular manslaughter differs from other murder charges because it results from negligence rather than intent. The court is still likely to see this charge in black and white. The criminal defense attorneys at the Cochran Firm South Florida know there are varying degrees of gray that accompany these situations, and will fight to ensure your side of the story is heard, and you are presented with a fair and honest trial.
It is important that you do not attempt to deal with the police or the District Attorney on your own when you are accused of this crime. Only with the help of an experienced criminal defense attorney can you ensure your rights and freedoms are protected.
If you have been charged with vehicular manslaughter in or around Miami, Ft. Lauderdale, West Palm, or Ft. Myers, Florida, please contact the criminal defense attorneys at the Cochran Firm South Florida to schedule an initial consultation today.

What’s the Difference between Murder and Manslaughter?

Miami & Ft. Lauderdale, Florida

A person is accused of murder when he or she takes a life intentionally. This can be first degree murder in which thought, planning, and malice were involved. Second degree murder, also known as a crime of passion, is when the murder was a result of elevated emotions. A person can be accused of manslaughter when he or she takes a life due to negligent behavior or during the commission of another crime where murder was not the intent. In short, murder is intentional; manslaughter is accidental. Defending Your Rights The criminal defense attorneys at the Cochran Firm South Florida have years of experience representing people accused of these crimes. We will fight to protect your rights, and see that a fair, balanced, and just trial takes place. We will look at all the angles and circumstances that led to the accusation of your charges, and build a solid defense to help protect your rights, freedom, and reputation. If you have been accused of murder, manslaughter, or any crime in the areas of Miami, Ft. Lauderdale, West Palm, or Ft. Myers, Florida, please contact the experienced criminal defense attorneys at the Cochran Firm South Florida to schedule an initial consultation today.

Comparative Negligence vs. Contributory Negligence

Miami & Ft. Lauderdale, Florida

In a personal injury lawsuit, a court must determine where fault should lie, and who should be responsible for damages. This is done through an investigation process by the judge, jury, and attorneys for both sides. In some instances, one side is clearly at fault, and damages are awarded to the other party accordingly. In others, the court determines joint responsibility, and must decide what portion each party is responsible for.
Contributory Negligence
Contributory negligence law holds that if a person causes harm to someone else, they cannot be held liable if the other party contributed in any way to their own injuries. This means that if you are in an auto accident in which you were only 5 percent to blame, you are unable to collect damages, even though the other party was almost entirely at fault. Only 5 states follow contributory negligence law.
Comparative Negligence
13 states, including Florida, follow pure comparative negligence law. Under comparative negligence, if you contributed to your accident, you can still collect compensation for your damages, but those damages will be reduced by the percentage the court determines you were to blame. This is where your choice of attorney plays a large role. The attorneys at our firm will thoroughly investigate your accident and help ensure that fault is properly determined, and you are fully compensated for all of your damages.
All other states follow modified versions of these negligence systems.
If you live in or around Miami, Ft. Lauderdale, West Palm, or Ft. Myer, Florida and have been injured in an accident, please contact The Cochran Firm South Florida to see how we can help you collect the full compensation you are due.

Most Common Causes of Traumatic Brain Injury

Miami & Ft. Lauderdale, Florida

Traumatic brain injury (TBI) can result from nearly any type of accident. Nearly 80 percent of head injuries occur to males. The largest group at risk for head injuries are males between the ages of 5 and 9, and again between the ages of 15 and 45. The most common causes of TBI in descending order are:

  • Automobile accidents
  • Sports accidents
  • Workplace accidents

TBI can also be a result of medical malpractice, acts of violence, or slip and fall accidents. However, the cause of TBI is not nearly as important as the consequences.
TBI may result in emergency and repeat surgeries, rehabilitation services, and a life-long dependence on medications. It can interfere with your ability to work and socialize, resulting in both personal and financial damages. When you sustain TBI in an accident, you need an aggressive attorney who will fight to ensure you are fully compensated for every portion of your life affected by this disorder.
If you or a loved one live in or around Miami, Ft. Lauderdale, West Palm, or Ft. Myer, Florida and have sustained TBI in an accident, please contact The Cochran Firm South Florida to schedule a free initial consultation today.

Types of Head Injuries

Miami & Ft. Lauderdale, Florida

Nearly any type of accident can cause a head injury, but not all head injuries will result in brain damage. There are numerous ways in which your head can be impacted during an accident. The extent and location of this impact will determine the type of head injury you sustain.
In general, there are two types of head injuries: closed and open. In a closed head injury, your skull may be fractured, but it is not penetrated. In an open head injury, your skull is penetrated. People often assume that open head injuries are always more serious than closed head injuries, but this is not the case. If you have a closed head injury, you may feel nothing more than a slight headache while deadly or debilitating damage to your brain goes undetected and may even worsen with time.
When you sustain a blow to the head, no matter how minor, you need to seek medical assistance. Even seemingly minor injuries can cause internal damages that only a medical professional can detect. When detected early, your chances of full recovery are greatly increased.
Visiting a doctor for your head injury will also help you greatly if you decide to file a head injury lawsuit. When you sustain a head injury in an accident, you need an experienced personal injury attorney on your side. Medical expenses, your ability to work, and your social and family life can all suffer from these injuries. The attorneys at The Cochran Firm South Florida can help you determine the full cost of your injury, and seek the compensation you deserve.
If you have sustained any type of head injury in or around Miami, Ft. Lauderdale, West Palm, or Ft. Myer, Florida, please contact the attorneys at the Cochran Firm South Florida to schedule a free initial consultation today.