Legal Blog

If I Am On Vacation Out-Of-State Or In A Foreign Country And Become Injured, Can I Litigate My Case In My Home State Of Florida?

Maybe – the Court must consider a 4-prong test to determine whether the equities (i.e. fairness) favor keeping your case in a Florida courtroom. This test is commonly referred to among attorneys as the Doctrine of Forum Non Conveniens. The Forum Non Conveniens test is best discussed in the 1996 Florida Supreme Court case of Kinney Sys. v. Cont’l Ins. Co., 674 So. 2d 86 (Fla. 1996). As is described in Kinney, there is a “strong” presumption against disturbing the Plaintiff’s choice of forum. Therefore, if a Florida Plaintiff files a lawsuit in a Florida courtroom, the burden of proof then shifts to the at-fault Defendant to argue why fairness favors keeping the case in the foreign state/forum. To accomplish this, the at-fault Defendant must satisfy the following 4-prongs:

Continue reading “If I Am On Vacation Out-Of-State Or In A Foreign Country And Become Injured, Can I Litigate My Case In My Home State Of Florida?”

Meet Our Firm

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Smith, Gaskill & Shenkman, P.A., Collects Toys for Local Charities

 

Smith, Gaskill & Shenkman, P.A., partnered with Operation Hope for their annual “Keeping Dreams Alive” toy drive! The firm was proud to have a collection bin inside of the office and excited to welcome past and present clients, friends, and the community in to drop off their donations. The turn out was wonderful and the firm would like to personally thank everyone who took time out of their busy schedules to stop by and donate to such a worthy cause. Continue reading “Smith, Gaskill & Shenkman, P.A., Collects Toys for Local Charities”

Turkey Drive Feeds Hundreds of Local Families

The Personal Injury Attorneys partnered with Operation Hope to feed the homeless and the hungry in our community.
Managing Partner, Donald R. Smith, purchasing turkeys for the Turkey Drive.

The Personal Injury Attorneys at Smith, Gaskill & Shenkman, P.A.,( including Managing Partner, Donald Smith, Senior Attorney, Brooke Grogan, and Associate Attorney, Brandon Smith) partnered with Operation Hope last night and distributed over 300 Thanksgiving turkeys and sides to homeless and low income families in the Lake Park and Riviera Beach communities! Continue reading “Turkey Drive Feeds Hundreds of Local Families”

Smith, Gaskill & Shenkman P.A., partners with Operation Hope for Turkey Drive

Smith, Gaskill & Shenkman P.A., is partnering with Operation Hope for their annual Thanksgiving Turkey Drive! Operation Hope’s goal is to create over 300 Thanksgiving Care Packages that include turkeys, sides, and pies. The care packages will be distributed to homeless and low income families in Riviera Beach and West Palm Beach neighborhoods on Novemeber 19, 2018.

Five Important Steps After an Accident

The immediate moments following an accident can be overwhelming and scary. At Smith, Gaskill & Shenkman P.A., we are here to make sure you stay safe, calm, and protected during this vulnerable time. Our personal injury attorneys have put together a list of steps to help guide you after an accident. Your safety and well-being are our top priority, make sure that you are safe and out of danger… then follow the following steps to protect yourself and your rights: Continue reading “Five Important Steps After an Accident”

Help! My injury claim was DENIED!

It is not a myth that insurance carriers look for any reason to deny or diminish the value of your claim—whether it be a policy exclusion, physical evidence, prior medical treatment (it may even be unrelated prior medical treatment!) or even the narrative of a Police Report. We have seen it all. To the untrained claimant, a denial seems like the end of the road. However, often times, it is not. Continue reading “Help! My injury claim was DENIED!”

Navigating the Property Damage Claims Process Following a Motor Vehicle Accident

One of the aspects I love most about being a personal injury attorney is helping my clients on a global scale, and that sometimes includes stepping into the property damage arena. Although we are typically retained to represent claimants in bodily injury claims, it is imperative that an attorney also be knowledgeable and willing to assist with resolution of a claimant’s property damage, as needed. Continue reading “Navigating the Property Damage Claims Process Following a Motor Vehicle Accident”

What is Your Personal Injury Claim Worth?

If a personal injury has turned your life upside down, you are now in the process of learning exactly how to respond. From mounting medical bills and lost income to chronic pain, the consequences of a personal injury entitle you to receive financial compensation for your suffering. A personal injury attorney can help you navigate the complex legal system in order to fight for the compensation you deserve.

So how much can you expect to receive? There is no single answer, but by gathering all of the information related to your personal injury and using basic personal injury guidelines, you can calculate an estimate. Continue reading “What is Your Personal Injury Claim Worth?”

3 Signs You Need a Personal Injury Attorney

Unexpected tragedy can strike at any moment throughout your day. You could be involved in a car wreck, injured at work, or hurt when you fall down the stairs. In fact, the CDC reports that doctors offices receive more than 83 million visits for unexpected injuries every year, while emergency rooms receive nearly 50 million visits for the same reason.

If you are involved in an accident due to another person’s negligent actions, you shouldn’t have to cope with the financial implications yourself. This is why victims have the right to seek compensation for wrongful acts. Should you hire a personal injury attorney to pursue legal action after your accident? If any of the following indications apply to you, then the answer is yes! Continue reading “3 Signs You Need a Personal Injury Attorney”