BC Law BC Law 2026-04-21T00:10:29Z https://www.bclawfl.com/feed/atom/ WordPress /wp-content/uploads/sites/1204609/2025/12/cropped-BC-Law-favicon-32x32.png On Behalf of BC Law <![CDATA[Wrongful Death in Florida: How it works (and What the Cases Emphasize)]]> https://www.bclawfl.com/?p=46658 2026-04-21T00:10:29Z 2026-04-21T00:10:29Z The statutory foundation: when a Florida wrongful death claim exists Florida’s Wrongful Death Act imposes liability when a person’s death is caused by the “wrongful act, negligence, default, or breach of contract or warranty” of another, and the event would have entitled the injured person to maintain an action and recover damages if death had not ensued. Knowles v. Beverly Enterprises-Florida, Inc., 898 So. 2d 1, Fla. Stat. § 768.19. Florida courts have reiterated this statutory trigger, emphasizing the "would have entitled" requirement as the gateway to a wrongful death claim. Wallace v. Dean, 3 So. 3d 1035.

Who makes the claim or files the case: the personal representative and the “single action” rule

A Florida wrongful death claim can only be brought by the personal representative of the decedent’s estate, who seeks recovery of all damages caused by the injury resulting in death for the benefit of the decedent’s survivors and the estate. Hartford Ins. Co. v. Goff, 4 So. 3d 770. If a lawsuit is filed, the personal representative must bring a single action to recover damages for all beneficiaries, and damages are awarded to survivors and the estate within the parameters set by Fla. Stat. § 768.21. Fla. Stat. § 768.20. Hartford Ins. Co. v. Goff, 4 So. 3d 770. Under Florida law, a personal representative has the authority to pursue and settle a wrongful death claim directly with the responsible party’s insurance company without filing a lawsuit. This authority is grounded in the statutory framework of Florida’s Wrongful Death Act and related case law. When the personal representative ultimately receives a settlement offer that does not distinguish among the beneficiaries, the representative is obligated to apportion the proceeds between the estate and the survivors in a reasonable and equitable manner. Cont'l Nat'l Bank v. Brill, 636 So. 2d 782. Additionally, Fla. Stat. § 733.612(19) allows the personal representative to hire counsel to assist in carrying out these duties, including negotiating settlements. See also Catapane v. Catapane (In re Estate of Catapane), 759 So. 2d 9 (2000). If a settlement is reached, it must be approved by the court if any survivor objects to the settlement amount or its apportionment, or if the settlement affects a minor or incompetent survivor. This ensures that the settlement is reasonable and equitable. Fla. Stat. § 768.25, Brunson v. McKay, 905 So. 2d 1058 (2005), Walker v. Bailey, 89 So. 3d 297 (2012). Furthermore, while survivors cannot compel the personal representative to accept a settlement offer, they retain the right to object and invoke the court’s authority to review the settlement. Walker v. Bailey, 89 So. 3d 297 (2012); Thompson v. Hodson, 825 So. 2d 941 (2002).

Who can recover: “Survivors” and common eligibility issues

The Act defines survivors to include the decedent’s spouse, children, and parents, and also includes certain dependent blood relatives and adoptive siblings. Domino’s Pizza, LLC v. Wiederhold, 248 So. 3d 212, Fla. Stat. § 768.18. The definition includes a child born out of wedlock of the mother, but not a child born out of wedlock of the father unless the father recognized a responsibility for the child’s support. Fla. Stat. § 768.18. Consistent with that statutory language, Florida case law recognizes that a biological child of a father who was not married to the mother may claim survivor damages for the father’s death so long as it is established that the decedent was the biological father and that he acknowledged responsibility for support. Greenfield v. Daniels, 51 So. 3d 421; Fla. Stat. § 768.18. The statute does not require a formal declaration of paternity. Fla. Stat. § 768.18.

Damages: How Florida allocates recovery between survivors and the estate

Florida’s Wrongful Death Act is structured around two related ideas: (1) survivors recover for their own losses, and (2) the estate may recover certain economic losses attributable to the death.

Pleading requirement: identify all beneficiaries

When a lawsuit is filed, all potential beneficiaries of a recovery for wrongful death, including the decedent’s estate, must be identified in the complaint, and their relationships to the decedent must be alleged. Fla. Stat. § 768.21.

Survivor damages (examples expressly listed in the statute)

Each survivor may recover the value of lost support and services from the date of injury to the date of death (with interest) and future loss of support and services from the date of death reduced to present value. Davis v. Simpson, 313 So. 2d 796, Fla. Stat. § 768.21. In evaluating lost support and services, the statute permits consideration of the survivor’s relationship to the decedent, the decedent’s probable net income available for distribution to that survivor, and the replacement value of the decedent’s services to the survivor. The surviving spouse may recover for loss of the decedent’s companionship and protection and for mental pain and suffering from the date of injury. Fla. Stat. § 768.21. Minor children of the decedent, and all children if there is no surviving spouse, may recover for lost parental companionship, instruction, and guidance, and for mental pain and suffering from the date of injury. Fla. Stat. § 768.21. Each parent of a deceased minor child may recover for mental pain and suffering from the date of injury. Each parent of an adult child may recover for mental pain and suffering if there are no other survivors. Fla. Stat. § 768.21. Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them. Fla. Stat. § 768.21. Florida courts have also explained that, because the Act allows recovery of certain survivor damages from the date of injury, those damages are inclusive of the types of damages associated with a loss of consortium claim. Acands, Inc. v. Redd, 703 So. 2d 492.

Estate damages (examples expressly listed in the statute)

The estate may recover 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. Fla. Stat. § 768.21. The estate may also recover loss of the prospective net accumulations of the estate (reduced to present money value) in the circumstances specified by the statute. Medical or funeral expenses due to the decedent’s injury or death that have become a charge against the estate (or were paid by or on behalf of the decedent) may be recovered by the estate, excluding amounts recoverable by survivors who paid them. Fla. Stat. § 768.21. All awards for the decedent’s estate are subject to the claims of creditors who have complied with probate claim requirements. Fla. Stat. § 768.21.

What counts as “services”

Services are defined as tasks, usually of a household nature, regularly performed by the decedent and necessary to the survivors, and are determined under the particular facts of each case. Fla. Stat. § 768.18.

Statutory purpose emphasized in the case law

Florida courts have noted that the primary purpose underlying the enactment of the Wrongful Death Act was to provide recovery to those who need it, specifically the surviving spouse, children, and dependents of the decedent. Fla. Convalescent Ctrs. v. Somberg, 840 So. 2d 998.

Survival versus wrongful death: What happens to the decedent’s personal injury claim?

Florida law distinguishes between a wrongful death action (for survivors and the estate) and a personal injury action that the decedent could have brought if living. When a personal injury to the decedent results in death, no action for the personal injury survives, and any such action pending at the time of death abates. Sta-Rite Indus. v. Levey, 909 So. 2d 901, Coates v. R.J. Reynolds Tobacco Co., 375 So. 3d 168. Relatedly, Florida courts describe the Wrongful Death Act as remedying injuries suffered by the living (survivors) rather than injuries suffered by the decedent. Wagner, Vaughan, McLaughlin & Brennan, P.A. v. Kennedy Law Group, 64 So. 3d 1187, Coates v. R.J. Reynolds Tobacco Co., 375 So. 3d 168.

Medical negligence: limitations reflected in the provided authorities

In a medical negligence context discussed by Florida courts, if the estate establishes medical negligence in a failure to diagnose cancer, section 768.21(8) limits the estate’s recovery to lost earnings, loss of net accumulations, and medical and/or funeral expenses that have become a charge against the estate, and the decedent’s pain and suffering is not recoverable under the wrongful death statute. Stewart v. Price, 718 So. 2d 205. Separately, Florida’s comparative fault statute states that its greater than 50% at fault bar does not apply to an action for personal injury or wrongful death arising out of medical negligence pursuant to chapter 766. Fla. Stat. § 768.81. In negligence actions to which the statute applies, a party found to be greater than 50% at fault for their own harm may not recover damages, and the statute expressly states that this bar does not apply to personal injury or wrongful death arising out of medical negligence pursuant to Chapter 766. Fla. Stat. § 768.81.]]> On Behalf of BC Law <![CDATA[Defamation in Florida: A Comprehensive Overview]]> https://www.bclawfl.com/?p=46656 2026-04-07T15:13:27Z 2026-04-07T15:13:27Z Definition and Types of Defamation Defamation in Florida is defined as a knowingly false statement made to damage the victim's reputation or character. It encompasses two distinct forms:
  1. Libel: Written or published defamation in a tangible medium.
  2. Slander: Spoken defamation.

Elements of Defamation in Florida

To successfully plead a defamation claim in Florida, the plaintiff must prove several key elements:
  1. Publication: The false statement must be communicated to a third party.
  2. Falsity: The statement must be objectively untrue.
  3. Intent: The defendant must have made the statement with reckless disregard or negligence concerning its truth.
  4. Damages: The false statement must cause substantial damage to the victim's reputation.
  5. Defamatory Nature: The statement must be objectively harmful, not merely offensive.
These five elements were established in the case of Jews for Jesus, Inc. v. Rapp, 997 So. 2d 1098 (Fla. 2008).

Statute of Limitations

Florida law stipulates a two-year statute of limitations for defamation claims, as codified in Florida Statute 95.11(4)(g). This period begins at the publication date when the defamatory statement was made.

Legal Considerations

Public versus Private Figures

The standard of proof in defamation cases varies depending on the plaintiff's status:
  • Private Figures: Plaintiffs must generally prove the defendant was at least negligent regarding the truth or falsity of the statements.
  • Public Officials and Figures: Plaintiffs must prove actual malice, meaning the defendant knew the statements were false or recklessly disregarded their falsity.

Pre-Suit Notice Requirement

Florida law requires plaintiffs to provide written notice to the defendant specifying the alleged defamation at least five days before filing a claim. Failure to do so may result in dismissal of the complaint.

Defenses Against Defamation Claims

Several defenses are available to those accused of defamation in Florida:
  1. Opinion: Pure statements of opinion are not actionable as defamation.
  2. Truth: The statement cannot be defamatory if it is substantially true.
  3. Privilege: Certain statements made in specific contexts may be protected.
  4. Anti-SLAPP: Florida has laws to protect against strategic lawsuits aimed at suppressing free speech.
  5. Retraction: A timely retraction may limit damages in some cases.

Criminal Defamation in Florida

While most defamation cases are civil matters, Florida does have criminal defamation statutes. For instance, libel is considered a first-degree misdemeanor under Florida Statute 836.01, potentially resulting in fines up to $1,000. However, these criminal statutes are rarely enforced.

Damages in Defamation Cases

Florida law recognizes several types of damages in defamation cases:
  • Actual Damages: Compensation for tangible harm to reputation or financial losses.
  • Presumed Damages: In cases of defamation per se, damages may be presumed without specific proof.
  • Punitive Damages: In cases of particularly egregious conduct, additional damages may be awarded to punish the defendant.
]]> On Behalf of BC Law <![CDATA[The Impact of Social Media on a Personal Injury Case]]> https://www.bclawfl.com/?p=46376 2026-01-07T19:11:57Z 2025-12-03T20:50:07Z At BC Law, our goal is to keep our clients and community informed. Social Media is growing with the increasing popularity of different online platforms. Each day there’s some new sort of social mingling application being launched. And people from all over the world are finding new and easy ways to connect with one another using the internet facilities. Posting their routine lives as online stories, telling the world about their whereabouts as location status has become the new norms of today.

The availability of the internet is what caused a major turnout in the social media industry. But too much of anything is bad for society. Unaware of who might be keeping tabs on you, the teenage generation gladly welcomes attention from the strange world. Most teens have multiple social media accounts that are interlinked showing exactly what you are up to and what your plans are for the day. Not safe at all!

Ways Your Social Media Affects Your Personal Injury Case

You may not even be aware of who is reading your daily posts and what are their intentions? Updating your accounts with hourly stories, telling everyone about your life events is not the best way to make friends. If you have been into an accident or suffering from any major injuries, there are countless reasons why you shouldn’t be uploading your injury status online.

That’s because once your information goes online, there’s no coming back even if you delete the update. Plus, the information you upload can be used against you affecting your personal injury case negatively.

If you are someone who loves uploading your life stories every hour, here’s why you shouldn’t update your social media status concerning how it can have a negative impact on your personal injury case.

Cause of Contradictory Claims

Uploading your status means informing the world about yourself. Especially if you already have a personal injury case going on, your status and stories would give the opposite party an easy means to pry into your life. They can simply monitor your status and figure out how your personal injury claims are contradictory to your actions.

The insurance defense attorneys are a pro at finding any minor specific details that can easily change the whole case against your favor. This makes your social media accounts the cause of contradictory claims.

1. False and Fake Accusations

Being habitual in updating your social media profiles with whatever you are going through is never good for your injury claims. Once you file a claim in court, all your actions and whereabouts account for inquiring the causes of your injury and social media play a significant part in this situation.

Any of your social media status updates can be used to prove your personal injury statement as a false or fake accusation by comparing the time and your actions.

2. Alternative Interventions

Filing a personal injury lawsuit claim is not a joke but a complete systematic process that proves all your injuries are accidental and you deserve compensation for them. But uploading any video or picture on social media poses a threat of alternative interventions to the causes of your injuries.

Your opposite party can use your social media content to prove that your injuries are caused by different factors that are not included in the compensation claim. This way the insurers will not be responsible to pay you your injury claims.

3. Multiple Testimonies

Besides uploading social media content, all your statements and verbal chit-chat are also monitored during the lawsuit period. If you make a social media statement that contradicts your personal injury claims, it provides the at-fault party a reason to prove you wrong in court. This means you’ll be facing a claim against your multiple testimonies and the defensive party can easily use your own words or actions against you to win the case.

4. Bad Public Reputation

Using social media as a means to connect with the world is good but not when you’re in the middle of a personal injury claim. If any of your social media status in some way proves you wrong, you will have to face a lifetime of bad public reputation – both in person as well as online on multiple social media sites. You will be trolled by a massive population since you were already famous among the people, everyone will be aware of everything.

5. Check-Ins Ensure Well-being

Another reason why you should avoid social media during the time of your personal injury claim is that it confirms your well-being. Checking your Facebook or Instagram accounts, replying to people, making comments, reacting to posts, everything ensures that you are living a normal happy life. This may be used against you as it contradicts the painful injuries that you should be enduring during a personal injury claim.

Social Media Practices That You Should Avoid During Your Personal Injury Case

Since we have established how social media is bad for your personal injury case, it can also be used to make your case stronger. For example, if you have been in some accident or going through major injuries, let your friends know that you won’t be using your social media accounts for the time being.

You can also contact your insurance attorney fighting your personal injury case and ask to manage your social media accounts for you. They would have a much better idea about how you should be handling your social media accounts to make your personal injury case stronger.

Other than that, you should simply avoid posting anything related to your accidental injuries. Don’t update your accounts on your routine life activities and avoid posting any photos or videos of yourself or your injuries that may be used against you in the future. Also, avoid posting anything that signifies that you are enjoying your life or having a good time. It puts your case in a contradictory condition. Increase the privacy of your account and monitor who is trying to establish new connections with you through requests.

Conclusion

Minimizing your social media activities is the best thing that you can do to reduce the impact of social media on your Personal Injury Case. Taking a professional’s advice is always better than making assumptions so make sure to consult with your lawyer before saying or doing anything.

]]> On Behalf of BC Law <![CDATA[Distracted Driving]]> https://www.bclawfl.com/?p=46374 2026-01-07T19:12:14Z 2025-12-03T20:49:41Z Types and Causes of Distracted Driving Wrecks

There are many types and causes of distracted driving wrecks. These types of accidents occur for a variety of reasons. There are two general ways of classification. The first is what experts refer to as “driver error,” which is the cause of the vast majority of accidents. Driver mistake, of course, can mean a variety of things, so it’s often broken down into categories.

Do you know what the most common form of driver error is? It’s a diversion or Distracted Driving. To put it another way, incidents that occur as a result of drivers attempting to multitask. Now, we’ve all done it while driving at one point or another. However, we must begin to understand the risks of this action. Annually, hundreds of people are injured in car accidents caused by distracted drivers, and the number is growing. A distracted driving-related accident is estimated to occur every 1.25 minutes in our state alone. It must come to an end, and we must all work together to put an end to the outbreak. But, in order to do so, we must first comprehend how we are being distracted.

What is the source of these distractions? It can vary from eating to drinking to attempting to read a message on your phone. All these things can be a cause of distraction that can cause accidents.

The Most Common Causes of Distracted Driving

Read below to learn some of the most common causes of distracted driving:

  • Talking and Texting
Distracted driving crashes are most often caused by people talking on their mobile or texting while driving. According to the National Safety Council, mobile phones are involved in 26% of all car accidents.
  • GPS
We’ve become reliant on GPS to get us from point A to point B. For certain people, using it is no longer a choice; it is simply what they do. Using a GPS route when driving, however, is just as risky as texting. Even looking down at the directions when your attention is distracted from the road will result in disaster. If you’re going to use GPS, ensure that it is installed somewhere clear… Then switch up the volume anyway so you can hear the instructions rather than having to look at the screen all the time.
  • Adjusting Music or Controls
Perhaps you’re dying and need to lower the temperature. Alternatively, your child could be shouting from the back seat for you to turn on his music. Or the radio is just too noisy. Pushing a button or two can seem insignificant, but it disrupts your attention, particularly if you have to look away to do so. Small or not, it can mean the difference between an accident and a pleasant journey.
  • Applying Makeup
There are tomes. You just don’t have time to put your best foot forward before you have to get in the car. Sadly, many people tend to feel that driving offers a chance to apply the final touches to their appearance, like makeup, combing their hair, or even applying deodorant. These practices, which take your hands off the wheel and your eyes off the road, are prone to causing accidents.
  • Talking to Passengers
When you’re in the car with someone, it’s deemed normal to speak to them. If you don’t, you’ll probably feel a little rude. However, you must always keep in mind that paying attention to driving comes first. Although it can seem normal to turn to a passenger during a chat, it is among the worst things you can do while driving.
  • Not Looking at the Road
Many other factors contribute to this behavior, but it’s worth considering it on its own because there are a variety of reasons why some might take their eyes off the road. Maybe you’re lost and need to find a landmark or an address. Or maybe there’s an accident on the side of the road, and you’re curious about what’s going on. After a thunderstorm, maybe a beautiful rainbow emerges, and you marvel at it. None of these actions seem to be particularly hazardous, but they all increase the likelihood of an accident.
  • Handling Children or Pets
Driving with your pet loose in the car is not safe – for you or them – but that doesn’t deter many people. Pets, unfortunately, become obstacles as they move around in your car or sit on your lap. Having children in a car, as all parents know, can be just as dangerous. To get your attention, they scream. They whine about their lack of resources. They get into an argument. It’s all too easy to lose focus when driving.
  • Zoning Out
Have you ever heard people zoning out while traveling a familiar route or on a long commute? It’s a fairly normal occurrence. You may have been a little taken aback when you arrived at your destination, with no memory of the steps you took to get there. Was the route crowded? Have you run into any red lights? You weren’t paying attention at all. It’s all too normal to drive on “autopilot,” and it’s risky.

When Someone’s Distracted Driving Causes you Injury?

What to do when someone’s distracted driving causes you injury? When you’re hurt in an accident, the most critical aspect of doing is to call the authorities, get medical help (keep track of your expenses), and get contact details from witnesses if possible.

Then contact an experienced personal injury lawyer. Do it as soon as possible because speaking with your preferred accident lawyer before starting the insurance payout process is important. You will ensure that you receive the just and equitable reward you deserve by working together.

]]> On Behalf of BC Law <![CDATA[Happy Administrative Professionals’ Day]]> https://www.bclawfl.com/?p=46375 2025-12-03T21:02:31Z 2025-12-03T20:49:13Z An administrative professional at a law firm is, not surprisingly, responsible for administrative tasks and support. With that being said, Happy Administrative Professionals' Day.

To operate efficiently, our firm relies on our dedicated staff. Since coming on board in October of 2020, Casey Grill has been an essential and integral member of our team. Before coming to BC Law FL, Casey worked as a personal injury pre-litigation paralegal for three years. She primarily grew up in Martin County and attended South Fork High School. After high school, Casey went to Florida Atlantic University in Boca Raton. In her spare time, Casey enjoys softball, watching True Crime shows, and video gaming. Most importantly, she is a dog mom to Dunkey, A 12-year-old Akita mix.

This year, office administrative professional’s day is April 21, 2021; who will you be honoring?

]]> On Behalf of BC Law <![CDATA[Safe Driving For Memorial Day Weekend]]> https://www.bclawfl.com/?p=46373 2026-01-07T19:12:26Z 2025-12-03T20:48:46Z Here at BC Law, we know how much fun boating can be for families especially driving during Memorial Day weekend. South Florida is covered with waterways. Did you know it can be very risky and can end up taking your life if you are not careful?

We want to make sure you are aware of all safety procedures ahead of your next boating experience, so it does not become your last. Check out our safety tips for boating trips below.

Keep Your Safety Kit Close – No Exceptions!

No one can predict when an emergency will happen, so you always want to be prepared for any situation that could arise when you are on the water. Remember, a precaution is always better than a cure. No matter the size of your boat, your safety kit always needs to be on board. The following are some important things that should be included in your kit.

  • Fire Extinguisher: Being on the water does not eliminate a fire from breaking out on board. All passengers should be aware of where the fire extinguisher is located and how to use it properly.
  • Mirror:Use a reflective object, such as a mirror to signal other boats and people for assistance.
  • Garbage Bags: Use these as rain ponchos and to cover objects on board to keep them from getting wet.
  • Bucket: You are on a boat; water will inevitably get in some sort of way. Keeping a bucket onboard is essential to bail out water that enters your boat.
  • Flashlight:If you run out of fuel or your craft stalls, a flashlight and extra batteries can help you see around your boat in the dark and to signal to other vessels.
  • Life Jackets: Every person on board should wear a U.S. Coast Guard-approved life jacket. Continue reading this article to learn how to choose the best life jackets.
  • Duct Tape: Most problems can be fixed with duct tape! For example, if your boat springs a leak, using duct tape could make a temporary fix until you can get a permanent repair.
  • First Aid Kit: If you have an accident or medical emergency, having a well-stocked first-aid kit and knowing how to use it is important.
  • Whistle: A waterproof whistle is another must-have on the water as a known signal for assistance.
  • Ropes: Ropes are important for saving anyone who has fallen overboard, docking your boat, and tying down loose objects in bad weather.

Life Jackets are Life Savers

The law requires every person on board a boat to have a U.S. Coast Guard-approved life jacket available, even if not worn. In certain circumstances, children must wear life jackets on board at all times. Life jackets are useful for more than just keeping you afloat. Many sold today are equipped to inflate manually or automatically, wake up an unconscious person, signal with pulsing light and even avoid hypothermia. You want to make sure to choose a life jacket that is appropriate for your height and weight.

Before you buy it, try it on. Fasten the vest and have someone gently pull the top of the arm opening to ensure it fits snugly. Both automatic and manual inflatable life vests will maneuver an unconscious wearer face-up. However, life jackets must be maintained regularly. It is important to note however, that these types of life jackets are not suitable for children under the age of 16. If you are going to be fishing out on the water, make sure you consider a life jacket with pockets and straps so you can hold your tackle and supplies.

There are several different styles of life jackets available. Make sure the life jacket you choose is suitable for your on-water operation before you buy it.

Check the Weather

Boating is best on warm, sunny days, but you never know when a storm will roll in unexpectedly. Varying wind gusts and choppy water are clear indicators of an approaching storm. Even if it is a balmy spring day, the water can represent a change in the weather on the horizon. If your boat sinks or you and your passengers find yourselves in the water, make sure you have a plan in place for what you would do.

Only Keep What is Necessary

Always stick to your boat’s power limits. Overcrowding your boat with passengers or equipment will cause it to become unbalanced and unsafe.

Look Out for Harmful Fumes

Open all the hatches and smell for fumes after refueling your vessel. If the engine is defective, do not start it. Carbon monoxide can build up in and around your boat quickly, knocking you or your guests unconscious. Be mindful of all potential sources of fumes and gases, such as:

  • Enclosed spaces
  • Blocked exhaust outlets
  • Nearby boats
  • Inadequately ventilated canvas enclosures
  • When your engine is idling, running at a slow speed, or stopped

Use Common Sense

The rules of the water are similar to the rules of the road. It is critical to use good judgment when operating a boat. You must be vigilant at all times, drive at a safe pace, and always ensure that your passengers remain safely inside the boat’s railings.

Anchoring Procedures CANNOT be Ignored

It is not enough to simply have the right anchor. You must make sure you are anchoring properly. Know your boat’s requirements for anchoring in all types of weather and water and how to properly and safely pull anchor.

Always Follow Docking Procedures

Docking can be difficult. It is much more than simply pulling up to the dock. Docking takes into account the wind, current, and form of the boat. As you reach the dock or shore, slow down, and secure your docking lines. If the wind is blowing towards the dock, bring the boat about two feet from the dock and let the wind gently push you in. If the wind is blowing away from the dock, approach at a 20 to 30-degree angle so the bowline can be secured, and then back into the space.

Boating Safety Course

According to the U.S. Coast Guard, 70% of all boating incidents are due to operator negligence. Make sure you understand the rules and obligations on the water before you leave port. It is extremely important to educate yourself. There are several online courses available, including a few that are completely free. The BoatUS. Foundation provides a free online boating safety course customized to each state. A catalog of online and hands-on boating safety courses is available from the U.S. Coast Guard.

Boat Maintenance and Check Are Important

Free Vessel Safety Checks are provided by the United States Coast Guard Auxiliary and the United States Power Squadrons. There is no fee, and there are no repercussions if your boat fails to pass.

No matter how well you plan to keep yourself, your passengers, and your boat safe, accidents will still happen. Here at BC Law, we want to make sure you have all the information possible to stay as safe as possible on the water.

]]> On Behalf of BC Law <![CDATA[Will Your Personal Injury Settlement Be Taxed?]]> https://www.bclawfl.com/?p=46372 2026-01-07T19:12:38Z 2025-12-03T20:48:16Z Here at BC Law Firm, we are dedicated to fighting on behalf of our clients to ensure they get compensated for accident claims by offering the best personal injury litigation services. We understand the importance of maintaining peace of mind to recover from any damages our clients have endured. Suppose you or someone you know has been physically injured in an accident. In that case, you may be wondering if that potential legal settlement will be taxed as income by the Internal Revenue Services (IRS). Before you file a personal injury claim, it is essential to know what type of legal settlements are subject to being taxed as income.

In the state of Florida, personal injury settlements are not typically taxed. However, every personal injury case is different, and settlement taxation varies from case to case. A personal injury lawsuit is normally qualified as a dispute where a person suffers harm or physical damages, and someone else is liable for the accident. In this case, the personal injury claim victim can usually seek compensation for the damages they sustained. Nonetheless, you should know that some legal settlements can be taxed as a person’s gross income when certain damages received during the injury are taxable. According to the IRS, lawsuit settlements are divided into one of two categories: nontaxable or taxable.

Personal Injury Settlement Agreements That You Do NOT Pay Taxes On

Any physical damages or sickness suffered as a result of an accident are typically excluded from federal taxes being owed on the legal settlement. Compensation for a claimant of bodily injury or illness is normally allocated to cover medical bills, pain, suffering, lost wages, loss of consortium, emotional distress, and attorney fees. Settlement payments from these types of claims are only tax-free if they result from personal injury or physical sickness. Any claimant of a personal injury lawsuit should receive the total settlement payout, only deducting attorney expenses or fees initially agreed upon by both parties. Should a claimant have any liens against them (unpaid medical expenses or child support dues), they will usually have the settlement amounts owed deducted from the nontaxable awarded settlement payment.

Nontaxable personal injury settlements usually include (but are not limited to): car accidents, truck accidents, motorcycle accidents, bicycle, and pedestrian accidents, premise accidents, slip/trip and fall accidents, animal bite accidents, burn accidents, and wrongful death claims.

Personal Injury Settlement Agreements That Are Not Exempt From Federal Taxes

Now, let’s say your attorney is also seeking punitive damages aside from the compensatory damages. He or she is likely to request the judge or jury to separate the verdicts for claims because the IRS taxes punitive damages settlements.

Punitive damages are assessed and bestowed upon the defendant of any lawsuit settlement that showed gross negligence and misconduct. These settlements are solely given to punish the defendant and deter them from making the same costly mistake. Any lawsuit settlement awarded to a personal injury victim for punitive damages will owe federal taxes on the lump sum. Personal injury claimants can use separate verdicts to demonstrate which part of their settlement is not taxable. Say that you file a claim that you suffered a personal injury at some business establishment and lost wages due to emotional distress from the incident. Depending on the evidence of the claim, it may be hard for a judge to correlate the loss of wages to your sustained personal harm or illness. Any lost wages claimed are potentially subject to taxation because of the distinction between the two types of injuries outlined by the IRS. Personal injury victims awarded punitive damages will be financially held liable to pay taxes on the total lump sum of monies awarded in the settlement agreement. For example, Lydia goes to court for her injury claim. She and her attorney agree to a 40% contingency fee that will be due when her settlement money is awarded. Should the court award Lydia $150,000 in punitive damages, she pays her attorney $60,000 ($150,000 x 40%, not taxed) based on their agreement. However, Lydia will owe federal taxes on the entire settlement amount of $150,000, not just the amount she took home after paying her attorney. Other lawsuit settlement agreements subject to federal taxes include interest, emotional distress or mental anguish (not caused by physical injury), defamation, humiliation, and even lost wages.

Hiring a knowledgeable personal injury attorney that will fight for you to maximize the compensation owed and minimize tax liability that may be due is very important to get what is deserved.

How to Claim Your Personal Injury Settlement on Your Taxes

When it comes time to prepare your taxes, you should first and foremost seek the help of a professional accountant or tax professional for guidance. As previously mentioned, compensation for personal injury is not taxable and does not have to be claimed on your taxes.

But, if you received a settlement for personal injury or illness and medical expenses had to be deducted for any prior years (in the event the deductions provided a tax benefit), the portion allocated for the expenditure must be reported. For more information on how to calculate the amount to report, please refer to Publication 525 for Taxable and Nontaxable Incomes. Any legal settlement for emotional distress, mental anguish, etc., that cannot be proven due to personal injury or sickness must be included in your income. According to the IRS website, one must include the amount awarded and reduce it by: (1) amounts paid for medical expenses that can be attributed to emotional distress and mental anguish had they not already been deducted and (2) previously deducted medical for such triggers that did not provide a tax benefit. The IRS Settlements–Taxability states that a recipient of an injury settlement should attach a statement to the tax return to show the amount “less related to medical costs not previously deducted and medical costs deducted for which there was no tax benefit.” The net taxable amount (the value after expenses) should be reported as “Other Income” on line 21 of Form 1040, Schedule 1. Punitive damages received from a legal settlement for personal injury or sickness should also be reported as “Other Income” when filing your taxes on line 21 of Form 1040, Schedule 1. Lost wages awarded in a legal settlement payment are subject to Medicare and social security tax rates for whichever year they are paid. Furthermore, the proceeds are subject to any employment tax withholdings allocated by the payor of the lost wage. If you collected lost wages not linked to personal injury or sickness, they should be reported as wages, salaries, tips, etc., on line 1 of Form 1040. Any interest that accrued on your legal settlement payment will typically be taxed as “Interest Income” and should be reported on line 2b of Form 1040. For additional information on how to claim your taxable personal injury settlement payment, please refer to the guidance of a tax professional or accountant. For further information on the previously mentioned ways to report your settlement, read Publication 525, Taxable and Nontaxable Income, visit the IRS website, or give them a call toll-free at 1-800-829-1040. Your friends and family at BC Law Firm are not versed in financial accounting or tax preparations. Any information provided to detail how to claim personal injury legal settlements on your taxes stems from our research and does not offer advice on the subject. This knowledge is general and does not take into account your objectives, financial situation, or needs. We are a personal injury law firm that covers a wide variety of cases ranging from motor vehicle accidents, product liability, civil litigation, and more! For more information on our practice areas, please visit our website here. Have you been a victim of a personal injury in the state of Florida? Let BC Law firm assist you to get the maximum compensation possible. Please contact us today at 561-468-5507. BC Law trial lawyers are prepared to fight for you inside or outside of a courtroom. Our attorneys want to ensure you have the best possible settlement outcome and peace of mind to recover and heal.]]> On Behalf of BC Law <![CDATA[Memorial Day Travel in Florida]]> https://www.bclawfl.com/?p=46371 2026-02-13T04:27:08Z 2025-12-03T20:47:20Z As you prepare for Memorial Day Travel in Florida, your friends at BC Law want to make sure you arrive at your destinations safe and sound. Originally known as Decoration Day, Memorial Day stands as a day of tribute to all fallen militants that died in service of the United States of America. Memorial Day is a federal holiday that routinely falls on the last Monday of May, creating a three-day weekend that has been deemed the unofficial “start of summer.” This popular holiday typically kicks off outside events and social gatherings guaranteed to bring many busy travelers up and down the highways. As a result, Floridians should expect a boost in tourism and travelers on Memorial Day weekend. However, BC Law is here to make sure you are prepared to be a safe driver on this holiday weekend.

It is no secret that many people are gearing up for summer holidays like never before due to recent COVID-19 restrictions that drastically limited domestic and international travel. According to AAA Travel, 34 million people are expected to travel roadside this Memorial Day weekend, opposed to flying. That is nearly 18 million more people on the road than last year. With so many people traveling, the chances are high for heavy congestion on the streets and a high probability of car accidents. ValuePenguin analyzed the Fatality Analysis Reporting System to determine that Memorial Day weekend is the most dangerous holiday for car accidents.

Drivers and passengers should be prepared for the road ahead by following these essential, safe driving tips:

Plan Ahead

If you and your loved ones are expected to travel by roadside, take the time out to search what will be your best routes of travel and the best times to leave to avoid traffic. Also, make a note of what the weather will be like and pick an optimal time for the safest driving. According to AAA Travel, gas prices are expected to be higher the week leading up to Memorial Day weekend. So fill up your vehicle beforehand if you can. Also, make sure your car is tuned up and your tires are properly inflated to ensure you get the best highway and city miles per hour. Lastly, make sure you have the following items readily available in your vehicle in case of an emergency: tire gauge, tire iron, jumper cables, road flares, and a spare tire.

Avoid Distractions

It is imperative to be alert and focused on driving safely. The National Highway Traffic Safety Administration (NHTSA) reports that distracted driving claimed over 3100 lives in 2019. Distracted driving can be anything that diverts a driver’s attention away from the road, such as texting, eating, drinking, fidgeting with car handles, and even talking to passengers. Safe driving has to have your full attention. To avoid distractions on the road:

  1. Make sure your GPS is preloaded with your destination address and securely placed in your phone mount.
  2. Make sure your car playlist is queued and ready to carry you to your destination.
  3. Only use your phone while driving in the case of an emergency.
  4. Ensure that you eat, drink, and use the restroom before heading out or only at rest stops.

Adhere to Local Traffic Laws

Contrary to popular belief, traffic laws are not suggestions. Traffic laws are implemented to keep road users safe. Drivers must obey traffic laws. In 2017, more than 37,000 traffic deaths occurred across America due to motorists not adhering to traffic laws. Some common traffic laws include but are not limited to):

  1. Wear a seatbelt when operating a vehicle
  2. Make a complete stop at a stop sign
  3. Indicate upcoming turns with your signals
  4. Follow the posted speed limits

Do NOT Drive Impaired

Driving impaired generally relates to operating a motor vehicle under the influence of drugs or alcohol. Although state statutes vary, you should avoid driving or being behind the wheel while under the influence of any impairing substances.

Stop to Rest or Stretch

AAA reports that there are nearly 2000 active rest stops across the United States highways. Along your road trip, stopping to stretch or rest may prolong your time spent traveling. Still, it can help relieve tension that arises while driving for long periods. In addition, making a pit stop to rest or stretch will help you stay alert and refreshed to avoid drowsiness on your road trip.

Safe Driving Tips

Be sure to drive defensively, respecting the right of way for all drivers and pedestrians.

Do not drive if you are under immense stress or emotional distress. Please be mindful that many people are traveling roadside for the first time in over a year. As a result, some drivers will likely be moody or aggressively driving. Do your part not to react or respond but focus solely on driving safely to your destination. Slow down on wet roads and inclement weather conditions. Lastly, be aware of all of your vehicle’s blind spots.

What to Do if You Are Involved in a Motor Vehicle Accident in Florida on Memorial Day Weekend

Memorial Day weekend is known to be one of the deadliest holidays for motor vehicle accidents. According to ValuePenguin , you are four times more likely to die in a traffic accident on Memorial Day weekend than any other weekend.

Suppose you and your loved ones are involved in a car accident in Florida, and you are not at fault. In that case, you typically have grounds to seek compensation for any damages or injuries. Florida has a no-fault insurance program where injured motorists and their passengers first seek protection from their insurance company for payment for any personal injuries sustained. To file a claim against a person or party responsible for a motor vehicle accident, you must have sustained a severe injury that limits mobility or causes disfigurement to your body. Suppose you experience a motor vehicle accident over Memorial Day weekend that results in serious injury, death, or over $500 worth of damages to the vehicles. In that case, you must report the accident to the local police department. This report should be made immediately following the accident for best results. Here are a few tips of things to make a note of at the time of your car accident:
  1. Date/time/location of the accident
  2. Description of the accident
  3. Name of people involved
  4. Witnesses
  5. Weather or traffic conditions
  6. Make/Model of vehicles involved
  7. Take pictures of the entire scene
  8. Contact insurance provider
  9. Obtain a copy of the police report if called
  10. Contact your friends at BC Law>
We are a personal injury law firm covering various cases ranging from motor vehicle accidents, product liability, civil litigation, and more! For more information on our practice areas, please visit our website here. If you or someone you know are personal injury victims and are ready to get the maximum compensation possible, please contact us today. BC Law trial lawyers are prepared to fight for you inside or outside of a courtroom to ensure you have the best possible settlement outcome and peace of mind to recover and heal.]]> On Behalf of BC Law <![CDATA[Florida Personal Injury Lawyer]]> https://www.bclawfl.com/?p=46370 2026-01-07T19:13:02Z 2025-12-03T20:45:23Z If you were injured by slipping and falling at somebody else’s property, your neighbor’s dog liked your look, or you were in a car accident because of someone else’s fault -you may have a personal injury claim.

Personal injury claims can cover a wide variety of situations and various types of accidents. Still, the level of your injury can make a significant difference in the outcome of your claim. Depending on your situation, you may be capable of handling your claim on your own. However, it may be in your best interest to seek the advice and assistance of a personal injury lawyer. At BC Law, we are undeniably committed to providing you with the information you need to tackle any challenge alone. But just in case you need that helping hand -we’re always here.

This article will fill you in on what it takes to represent yourself in a personal injury claim and when it’s probably best for you to seek an experienced personal injury lawyer.

Can I Represent Myself in a Personal Injury Claim?

Before you get to the courtroom, you’ll need to face many pre-action protocols. These protocols provide structure to the entire process and assist both sides in reaching an agreement before you can formally submit the claim to the court.

To break it down, here is a generalized overview of just some of the steps you will need to carry out as part of a personal injury claim: Pre-action protocols:
  • Fill out various personal injury forms
  • Prepare and submit evidence
  • Value the claim
  • Agree on a settlement/compromise
If you are unable to agree on a compromise:
  • Deal with court proceedings
If you are willing to put in both the time and commitment, you may come out on top. However, the more complex your claim is, the more confusing the process.

So, ”Do I need a personal injury lawyer?” – Well, let’s find out.

When Do I Need a Personal Injury Lawyer?

Personal injuries can often be a severe matter for both those who experienced the accident and their entire family. It can turn your life upside down in an instance. From enduring pain and suffering, reduced current and future earnings, to the medical expenses incurred along the way -it can be an overwhelming experience.

With so much at stake, it’s often in your best interest to have a personal injury lawyer in your corner to put forward a strong case that will get you the compensation you deserve. The following types of injuries and accidents unquestionably call for an experienced personal injury lawyers help:
  • Serious Injuries – Your compensation will primarily be determined by how severe your injury is. However, this is usually hard to evaluate. You have to factor in medical expenses, along with how much time recovery will take. A personal injury lawyer can gather the correct information, ultimately ensuring that you receive the highest compensation possible.
  • Permanent or Long Term Injuries – Some personal injury claims involve unfortunate long-term or permanent injuries. As this is a life-changing occurrence, it’s tough to determine how much you should claim for without the help of a professional personal injury lawyer.
  • Medical Malpractice – Careless treatment and unprofessional staff is a recipe for disaster in any medical institution. If you were a victim of this, you might be able to file a personal injury claim for medical malpractice. However, the complex medical and legal intricacies can present a challenge. If you find yourself going down this route, you must reach out to an experienced personal injury lawyer to guide you.
If you or someone you know are personal injury victims and ready to get the maximum compensation possible, please reach out to the friendly personal injury lawyers at BC Law today.

Whether it’s inside or outside the courtroom, BC Law is prepared to fight for you. Gain peace of mind while you recover and get the justice you deserve.

]]> On Behalf of BC Law <![CDATA[Motorcycle Accident Attorney in Martin County]]> https://www.bclawfl.com/?p=46369 2026-01-07T19:13:16Z 2025-12-03T20:44:27Z The Different Causes of Motorcycle Accidents

Motorcycle accidents are a common occurrence when the rider loses control. Factors such as speeding, being under the influence, or not paying attention can impair judgment are leading causes.

Inexperienced riders, in particular, often experience difficulty handling their bike in dangerous situations. Ultimately, this increases the chances of encountering unfamiliar road conditions leading to an increased chance of a crash. Inexperienced riders often don’t know how to react appropriately when faced with new, dangerous surroundings.

Losing Control

Motorcycle accidents are a common occurrence when the rider loses control. Factors such as speeding, being under the influence, or not paying attention can impair judgment are leading causes.

Inexperienced riders, in particular, often experience difficulty handling their bike in dangerous situations. Ultimately, this increases the chances of encountering unfamiliar road conditions leading to an increased chance of a crash. Inexperienced riders often don’t know how to react appropriately when faced with new, dangerous surroundings.

Overtaking or Filtering

Filtering is the process of moving safely past a slow-moving or stationary vehicle without colliding. One of the main causes of motorcycle accidents collisions can occur as drivers fail to yield the right-of-way for motorcyclists who are able to maneuver their vehicles in ways that other, larger cars cannot.

There is an inherent danger to overtaking accidents. A rider must be able to accurately judge the speed and distance of traffic in order to avoid car drivers making filtering mistakes. Many young or newly qualified riders are unable to anticipate common car driver errors.

Failure to Negotiate Bends

Traveling at high speeds when approaching a bend can be a disaster waiting to happen, and one of the number one causes of motorcycle accidents. This situation contributes to a large percentage of accidents and happens most when a motorcyclist:

  • Doesn’t anticipate the need to take correct motorcycle safety precautions
  • Forgets to change lanes in time
  • Misjudges the speed of oncoming vehicles
  • Speeds up on a bend instead of slowing down
  • Misjudges the motorcycle’s turning radius
  • Loses control on a bend
  • Fails to recognize slippery, icy, or wet road conditions
  • Fails to anticipate potholes or fuel spillages

Speed

For motorcycle riders, speed is a double-edged sword. Riders can find themselves in control of their bike one moment, and losing control in another with just an unexpected bump or sudden turn. When accidents happen at high speeds, they are much more likely to be fatal than if the same accident happens at a slower speed.

The Number One Cause of Motorcycle Accidents

Finally, we come to the number one cause of motorcycle accidents – the failure of other motorists to detect and recognize motorcycles while on the road.

Motorcycles are one of the most overlooked vehicles on the road because they’re small and hard to see. Even if a driver is paying full attention, there’s no guarantee they will notice an approaching motorcycle even without glare from the sun in their eyes, or being blocked by another vehicle ahead. Intersections can be especially dangerous for motorcyclists since drivers already have trouble spotting them before it’s too late. These types of accidents naturally occur most where crossings take place.

Motorcycle riders must also stay alert when driving around buses, large trucks, and cars making turns across lanes. Car drivers often fail to check mirrors leading to a disaster within just a few seconds, even for the most experienced rider.

Involved in an Accident? Motorcycle Injury Lawyers Can Help

If you or someone you know has been involved in a motorcycle accident, we at BC Law will fight for you.

Recovery after a serious accident or injury is not something that is easily dealt with. You have to consider financial losses, emotional trauma, and most importantly, your health through medical care. These are just a few consequences that are able to take you down for good if they’re ignored. However, there are ways out and it starts through finding a personal motorcycle injury lawyer.

When another party’s negligence causes you harm, don’t hesitate to contact our personal injury lawyers at BC Law for help to maximize all damages available under law.

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