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Why have a Living Will?

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There’s a lot of confusion about living wills, what they do, and their benefits. To understand their importance, it’s essential to understand what they do. Simply put, a living will sometimes called an Advance Directive, is a statement about an individual’s wishes about healthcare treatment and life sustaining measures if they are in a coma or have an end-stage or terminal condition.

A living will also designate a surrogate to act on an individual’s behalf if they’re incapacitated or otherwise unable to provide the information to healthcare providers for themselves. The surrogate is responsible for informing pertinent healthcare professionals of the individual’s decisions and seeing that they’re carried out. A living will is legally binding.

Individuals don’t have to engage the services of an attorney to create a living will. There are numerous places where a person can obtain a form. They’re available at physician offices, hospitals, senior centers, health departments, and online.

The forms don’t have to be notarized, but they do require two adult witnesses. While a spouse, blood relative or adopted child can act as one of the witnesses, the second witness can’t be related in any way. To avoid any potential complications, it’s best to have two unrelated people witness the signing of the document.

Once an individual has created their living will, it’s important that the surrogate has a copy and it should also be entered into the individual’s digital health record with their physician. For the living will to come into play, the treating physician and at least one other consulting physician have to agree that the potential for recovering from the condition is unlikely.

An advance directive ensures an individual’s final wishes are honored in regard to treatment and resuscitation at the end of their life. It’s not a decision to be made lightly and individuals should give it considerable thought before signing the document.

Law Offices of Theodore H. Enfield, P.A.

Whether you need a Divorce, are dealing with Custody or Child Support issues, or need representation in a Personal Injury matter, the Law Offices of Theodore H. Enfield can confidently assist you.  To learn more about how we can help you or to discuss the facts of your case with our attorneys, call 954-983-1443 to schedule your free consultation.

3107 Stirling Road
Suite 105
Fort Lauderdale, FL 33312

Fax: 954-983-1536

Email: [email protected]

Car Accident Overwhelm? Hire a Lawyer

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A serious car accident can easily overwhelm an individual, and not just in terms of injuries, property damage or financial liability. Those that have been in an accident may also suffer from emotional issues, be looking at loss of income, and need to deal with what may seem like an insurmountable mountain of forms and phone calls from insurance company and HR representatives.

The solution is hiring a lawyer experienced in accident claims. He/she will be an advocate, spokesperson, and help individuals successfully navigate every step of the claims process. An attorney can assist with litigation should difficulties be encountered with insurance companies. Never cash or deposit a check from any insurance company until a lawyer has been consulted. Doing so could rob you of future benefits.

It’s extremely difficult to deal with paperwork and other details when an individual is experiencing pain and the potential for life-changing injuries. There will be a certain amount of shock, worry about medical bills, and even concern about retaining employment if the individual will need to be off work for a significant amount of time. A lawyer can also help in the event that a client is permanently disabled.

One of the things that a lawyer will do is obtain all the pertinent documentation required to deal with insurance adjusters, the settlement process, and the court system if litigation is required. One of the most valuable services a lawyer provides is alleviating stress, allowing clients to focus on healing and regaining their health.

Even with auto and health insurance, individuals often encounter difficulties in terms of paying for medical costs resulting from an accident. Some insurance companies will try to shift the financial responsibility, causing an additional level of anxiety on a client that has already suffered. A lawyer will minimize anxiety, deal with entities on a client’s behalf, and help ensure they receive all the benefits to which they’re entitled.

Law Offices of Theodore H. Enfield, P.A.

Whether you need a Divorce, are dealing with Custody or Child Support issues, or need representation in a Personal Injury matter, the Law Offices of Theodore H. Enfield can confidently assist you.  To learn more about how we can help you or to discuss the facts of your case with our attorneys, call 954-983-1443 to schedule your free consultation.

3107 Stirling Road
Suite 105
Fort Lauderdale, FL 33312

Fax: 954-983-1536

Email: [email protected]

How is Injury Claim Amounts Determined?

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Determining the monetary amount of an injury claim in Florida isn’t an easy task. Courts will look at multiple factors, including the amount of “fault” that can be attributed to each party. Assignment of fault will significantly impact any monetary compensation.

A variety of websites offer calculators designed to help people determine their potential financial award, but without knowledge of the law, they’re not much help. The legal process is highly complicated and the only true way to get an idea of what a monetary injury claim might yield is by consulting with a lawyer.

A multiplier method is typically used to ascertain monetary award amounts. Economic damages are multiplied by a number ranging from 1-5. The amount is commiserate with the severity of the injury and level of fault. Further complicating the award process are the types of damages that could be recovered, depending upon the circumstances. They include:

  • Non-economic damages such as inconvenience, loss of companionship of a wife, husband or companion, inconvenience, and pain and suffering
  • Economic damages can include lost earnings, out of pocket expenses, the cost of any medical treatment both current and future, the loss of future earnings, and property damage
  • Punitive damages is the punishment aspect

Florida has a highly complex range of elements that are taken into account when determining a monetary award. Those elements encompass predictable items such as marriage in the case of pain and suffering, but determinations can even vary according to the county where an accident and/or injury occurred.

There are also very specific deadlines for filing a claim, though in some circumstances the deadline might be shorter or be extended. Florida law also sets caps on damages that can be claimed. Those are just some of the reasons why consulting with a lawyer is always in an individual’s best interest if they’ve been injured.

Law Offices of Theodore H. Enfield, P.A.

Whether you need a Divorce, are dealing with Custody or Child Support issues, or need representation in a Personal Injury matter, the Law Offices of Theodore H. Enfield can confidently assist you.  To learn more about how we can help you or to discuss the facts of your case with our attorneys, call 954-983-1443 to schedule your free consultation.

3107 Stirling Road
Suite 105
Fort Lauderdale, FL 33312

Fax: 954-983-1536

Email: [email protected]

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