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Miami Florida Law Blog

Air-ambulance firm given right to bill father for transportation

In Florida, there is a no-fault auto insurance law that restricts the amount paid for emergency services in the event of an emergency. One air-ambulance firm, Air Methods Corp., has taken issue with this and moved to legally bill the father of a child rushed to the hospital with its services for services rendered.

According to the news, the 11th Circuit Court of Appeals has agreed to allow the firm to bill the child's dad, even though the costs exceed the limits set by the state's no-fault system.

The importance of an exam: Traumatic brain injuries

As one of the leading causes of death and disability, head trauma and brain injuries are a concern in the United States. Over 50,000 people die each year as a result of a traumatic brain injury (TBI), showing just how important it is to take steps to reduce the likelihood of these injuries occurring.

Brain trauma happens for many reasons from workplace injuries to car crashes. Regardless of the accident itself, the brain injury requires immediate care. A physician needs to monitor the patient and examine him or her for symptoms and signs of trauma. Even though some brain injury symptoms start out subtle, they tend to develop and worsen over time. By obtaining a medical exam, patients may be able to have worsening conditions treated before they do serious harm.

Dealing with construction disputes

When a construction contract dispute arises, you'll want to do anything you can to resolve it. These disputes usually occur because of the terms of the contract not suiting one or both parties. Perhaps one party isn't holding up his or her end of the deal, or the other is unhappy with the quality of work. In any case, that problem leads to a dispute.

The first thing you can do to protect yourself from a dispute is to read over any contract you're entering into very carefully. Your attorney can review it with you and help you negotiate the terms if there is a problem with any part of the contract. Evaluate the fine print and read the contract in its entirety.

Stuck on stucco: Common problems

Stucco has the potential to make a home look beautiful. Stucco is a material that coats your home's walls. It's a kind of plaster that requires you to be cautious when considering it. Stucco could be bad for your purchase, but only in some circumstances.

A home's siding protects the structure from the elements. It's there to look beautiful, yes, but it also provides an additional layer of "armor." If the installation isn't done right, you could find yourself dealing with many different issues.

Can you hold a contractor liable for defects?

Imagine that you're building a home or having work done to repair the one you own now. You make a contract with the construction company to get the work done in a fair amount of time and for a reasonable cost.

When you reach the date the project is supposed to be done, you review the work. It's not complete, and some of it looks shoddy at best. What can you do?

Alleged DUI results in the deaths of 2

When you're driving and get into a crash with another person, that person can be held accountable if he or she caused the crash. Crashes result in heavy losses; you may have expenses related to your vehicle or have serious injuries that require ongoing medical treatment. In any case, it is vital to hold those who cause crashes accountable for their actions.

A Riverview man is accused of causing the deaths of two motorcyclists after the man struck the two on their motorcycle and left the scene. The man, 34, faces accusations of DUI manslaughter along with leaving the scene of an accident (hit and run). According to the story, the victims, 25 and 37, had been heading north at the time of the crash. At approximately 9:35 p.m., a 2009 Lexus that was headed south attempted to make a left-hand turn, causing the collision.

Diving injuries: A summer hazard

Diving is not always a safe sport to participate in. There are serious risks, like breaking the neck or suffering head injuries. Tetraplegia and other severe cervical spinal cord injuries commonly lead to life-changing injuries.

Diving injuries are a leading cause of spinal cord injury among men and women. These injuries normally occur during the summer, which means that they're most likely associated with swimming during that time. If the weather was warmer all year, then they'd be more likely to occur throughout the year and the number of injuries would also increase, statistically.

Failing to perform: A material breach

For the most part, construction projects go as planned. People get what they want created, and the construction teams go away happy with payment. Realistically, not every project can go perfectly, and that can mean that certain projects end badly. Sometimes, it's necessary to end a project because of a material breach.

A material breach is a failure to perform or a breach that defeats the purpose of a standing contract. For instance, if a contractor doesn't show up to work on a project for several days in a row, you may wish to terminate the contract as a result of that breach. Keep in mind that a material breach is only a material breach if you cannot be compensated for the failure in performance and still obtain the outcome you were expecting.

Choosing the right construction contract: 4 options

There are a few kinds of construction contracts to know about if you want to have work done on your home. They include fixed-price contracts, cost plus contracts, unit pricing contracts and time and material contracts. Each has its own benefits and downsides.

Fixed-price contracts

The truth about mold and mildew: Signs of water damage

Water damage can quickly ruin a property that you wanted to see grow in value. Instead, the damage can hurt your prospects of selling your property for maximum value. The shocking thing about water damage is how fast it can take place. Within just a day or two, it can significantly damage a property, dropping its value immediately.

Fortunately, there are ways to repair water damage. If the damage is a result of faulty equipment or poor workmanship, those who constructed the home may be responsible for repairs.

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