Wrongful Death Category Archives - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Fatal Florida Workplace Accidents

Published on: January 27, 2021 | by Law Offices of Robert Dixon

Wrongful death in the workplace or during work activities is one of the most tragic events that a Florida family can experience. Those that suffered a loss because of a Florida workplace accident should contact an attorney to discuss their rights and remedies. These cases can be challenging because of the interplay between workers’ compensation and negligence laws.

The Occupational Safety and Health Administration (OSHA) reports that many fatal workplace accidents occur at construction sites. OSHA classifies construction site accidents into one of the “fatal four” incidents, electrocutions, falls, crush injuries, and blunt force injuries. For example, recently, a Florida news report described a shocking crush injury at a Home Depot. The victim was delivering materials to the Florida Home Depot when a load of construction materials fell on him. OSHA stated that they are investigating the incident to determine why the construction load fell. This situation is a prime example of a potentially complex negligence lawsuit. The delivery driver was not a Home Depot employee, but rather an employee of a third-party carrier, delivering products from another company.

Generally, the law provides Florida employers with immunity from their employees’ personal injury lawsuits. The immunity is derived from Florida’s workers’ compensation laws, which allow employers to receive payments for their injuries without establishing employer negligence, unlike traditional personal injury lawsuits. However, as a trade-off for this “no-fault” system, lawmakers have made it exceedingly difficult for employees to sue an employer successfully. However, there are exceptions if an employer acted grossly negligent, in a wanton manner, or intentionally. However, it is an onerous standard that many plaintiffs cannot meet.

Proving Liability in a Florida Car Accident Lawsuit

Published on: September 22, 2020 | by Law Offices of Robert Dixon

After someone is injured in a Florida car accident, they may pursue a claim for damages against the at-fault party by filing a personal injury lawsuit. Although, these cases may seem straightforward, defendants (and their insurance companies) will go to great lengths to avoid liability. Often, defendants who are uninsured or underinsured will try to avoid liability because they can be on the hook for substantial damages if they are found to be responsible. Florida car accident victims should consult with a personal injury attorney to help them through the various stages of collecting compensation.

The first part of a car accident claims involves investigating the accident. A Florida accident attorney will conduct a detailed, in-depth investigation to determine whether the facts support a claim for recovery. To determine whether a claim is viable, the attorney will determine who was at-fault, what injuries the victim sustained, and whether the parties involved have insurance. The central part of this step requires attorneys to review evidence such as police reports, physical evidence, eyewitness testimony, and expert witness affidavits. In some cases, defendants will encumber the plaintiff’s ability to engage in an investigation.

For example, a recent Florida news report described a situation where a driver refused to allow investigators access to her car. Police reports indicate that the driver is accused of striking and killing a 16-year-old biker. The driver was previously cited for violating the conditions of her learner’s permit and failure to use a signal. The plaintiffs, who are the deceased accident victim’s surviving loved ones, are requesting that the defendant provide access to the car so that they can retrieve information from the vehicle’s “black box.” This event data recovery device may hold significant evidence regarding the circumstances of the accident. However, the allegedly at-fault driver is failing to respond to communication requesting access. It is unclear why the traffic homicide investigators failed to download the data when they were initially investigating the accident. In these cases, it is critical to retain an attorney to ensure that the other party follows all relevant evidentiary laws and abides by their duty to preserve evidence.

Florida Drunk Driving Accident Kills One, Injures Another

Published on: November 20, 2019 | by Law Offices of Robert Dixon

Losing a loved one in a Florida car accident is never easy, but it can be especially difficult when the accident could have easily been prevented. This is particularly true for victims of drunk or otherwise intoxicated driving. Although it is against the law to drive while under the influence of alcohol or other drugs, intoxicated driving remains one of the leading causes of Florida car accidents.

Earlier this month, a tragic car accident in Key Biscayne killed one and injured another, and law enforcement officers believe that the at-fault driver had been drunk while on the road. According to a local news report covering the accident, the at-fault driver was driving on the Rickenbacker Causeway when she rear-ended another car. As a result, this second car went over the median, rolled several times, and slammed into a chain-link fence. The occupants, a husband and wife, were seriously harmed. Both were taken immediately to the nearest hospital, where the wife, who had been driving when the tragic accident occurred, died from her injuries.

The at-fault driver failed multiple sobriety tests at the scene of the crash. When, three hours after the crash, she took a Breathalyzer test, it indicated that she had been driving with twice the legal limit of alcohol in her system. As a result, she has been charged with driving under the influence, vehicular homicide, and DUI manslaughter. These charges could come with fines and jail time.

Florida Appeals Court Addresses Non-Economic and Punitive Damages in Wrongful Death Lawsuit

Published on: November 20, 2019 | by Law Offices of Robert Dixon

Recently, a Florida appellate court issued an opinion stemming from a wrongful death lawsuit against a power company. The lawsuit arose after the tragic death of a teenager who was climbing bamboo in a neighbor’s backyard. The bamboo stalk bent over into a power line, causing the young man’s electrocution and death. His mother filed a wrongful death lawsuit against the power company that owned and monitored the power line. The woman alleged that her son’s death was the result of the company’s negligence. She claimed that the company created a dangerous hazard because it knew of the fast-growing bamboo near the power line and failed to clear it. The trial jury awarded the woman $12.5 million in non-economic damages and $15 million in punitive damages. The power company appealed the damages award.

Florida injury victims are entitled to compensation if they suffer injuries because of another’s negligence. There are two main types of damages that Florida plaintiffs may claim in their lawsuit, compensatory and punitive. Compensatory damages include economic and non-economic damages.

Economic damages are tangible monetary losses that a plaintiff or their representative has incurred or may face in the future. Typically, these damages are easy to prove because they include quantifiable losses, including medical bills, lost wages, and property damage. Unlike economic damages, non-economic damages are intangible losses that a Florida injury victim or their family suffered because of the other party’s negligence. Non-economic damages are losses such as pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium. Although most states have various damage caps on negligence lawsuits, there is no cap on economic or non-economic damages in Florida.

Man’s Attempt to Pass in No Passing Zone Leads to Fatal Collision

Published on: October 3, 2019 | by Law Offices of Robert Dixon

All motorists have an obligation to obey the rules of the road, including passing only when it is legal and safe to do so. If your loved one was killed in an accident caused by someone improperly passing, you have legal options. We know that the untimely death of a loved one is a devastating experience, which is why we will advocate for you in a sensitive yet competent manner. Wrongful death cases are complicated so having the right attorney on your side can be the difference between winning and losing a case. As highly skilled Miami car accident attorneys, we are proficient in Florida wrongful death law and can help families determine who may be at fault and the degree of their liability.

A 26-year-old woman died following a car accident in September, 2019. The crash took place on State Road 80 in Hendry Country. Florida Highway Patrol Law (FHP) says a man and six-year-old boy were driving east on a curve in the road while the 26-year-old woman was traveling west. FHP explained that the man tried to pass slower traffic in a no passing zone. Both he and the victim tried to avoid a crash, swerving towards the shoulder but ended up hitting each other. Tragically, the woman died at the scene while the man suffered severe injuries and was rushed to the hospital.

If a person dies as a result of the negligence of another person, certain surviving family members of that deceased person may be able to sue for wrongful death. Under Florida law, a wrongful death occurs when a victim loses his or her life as a result of someone else’s misconduct or gross negligence. To prove negligence took place, the plaintiff bears the burden of proving the following elements by a preponderance of the evidence:

Florida Court Rejects Plaintiffs Request to Pursue Punitive Damages

Published on: August 14, 2019 | by Law Offices of Robert Dixon

The decision to put a loved one in a nursing home is undoubtedly a difficult one. When you finally make such a decision, you expect that your loved one will receive adequate care. Sadly, this does not always happen. In fact, nursing home negligence and abuse is quite common both in Florida and across the US. Whether you are a nursing home resident or your loved one has been injured while in the care of a nursing home facility, we are here to help. Our Miami nursing home negligence attorneys are devoted to protecting the rights of Florida clients. We know how overwhelming it can be dealing with a nursing home injury, but you can trust that we will focus on the legalities of your case so you can focus on moving forward.

In Carpenters Home Estates v. Sanders, the estate of a deceased woman filed a wrongful death lawsuit against the nursing home alleging that the nursing home’s negligence was the cause of the woman dying. Some time after the complaint was filed, the estate asked the court for leave to amend the complaint in order to add a claim for punitive damages. The trial court allowed the plaintiff to do so, and the defendant nursing home filed an appeal.

The appellate court reversed the trial court’s decision to permit the estate to pursue punitive damages, reasoning that when a plaintiff asks for leave to add a claim for punitive damages, the lower court is required to decide whether there is a showing of admissible evidence that provides a reasonable basis to recover such damages. A plaintiff, according to the court, can show this by establishing one of two things: direct liability or vicarious liability.

Court Clarifies what “Surviving Spouse” Means in Florida’s Wrongful Death Statute

Published on: February 14, 2019 | by Law Offices of Robert Dixon

If you have lost a loved one in an accident caused by someone else’s negligence, you may be able to sue the at-fault party. At the Law Offices of Robert Dixon, we will examine the facts of your case and provide you with an honest evaluation of your claim. While no amount of money in the world can fill the void of losing your loved one, it can help cover some of your bills so you can focus on healing.

The Case

In Domino’s Pizza v. Wiederhold, the Fifth District Court of Appeal ruled that a surviving spouse who had married the decedent after the date of injury, which ultimately led to his death, was still eligible to recover damages as a statutory survivor under Florida’s Wrongful Death Act.

In this case, a couple was engaged when they got into a life-changing car accident in which the vehicle overturned several times before landing in a ditch. The man suffered such serious injuries that he was rendered a quadriplegic. The woman did not suffer any serious injuries. The man filed a personal injury claim against the at-fault driver as well as Domino’s and the franchisee owner.

Tennis Star Settles Wrongful Death Lawsuit

Published on: January 24, 2019 | by Law Offices of Robert Dixon

Losing someone you love can be a heartbreaking experience, which can feel even worse when the loss is unexpected. If your loved died as a result of someone else’s negligence or misconduct, you need to reach out to a trusted Miami wrongful death attorney who can help you navigate the legal process. At the Law Offices of Robert Dixon, we understand how devastating enduring the death of a loved one can be, which is why we will deal with the legalities while you can focus on healing.

Last month, tennis star Venus Williams settled a lawsuit over a deadly crash that resulted in the death of a 78-year-old man. The terms of the settlement were not disclosed. At the time of the collision, the man suffered “massive” injuries and was rushed to the hospital where he died two weeks later as a result of them. According to law enforcement, an unknown third driver had cut off Williams as she tried to cross a six-lane road triggering a series of events that caused the accident. Williams was subsequently cleared of any wrongdoing relating to the crash.

Wrongful Death Claims in Florida

While the case discussed above involves a wrongful death stemming from a car accident, the reality is that wrongful death can be caused by a variety of negligent acts such as: truck accidents, pedestrian accidents, medical negligence, pharmaceutical mistakes, workplace accidents and more.

9-Year-Old Twin Sisters Killed in Florida Head On Collision

Published on: October 31, 2018 | by Law Offices of Robert Dixon

A head on collision is one in which the front of two vehicles hit each other as they are traveling in opposite directions. Head on collisions are one of the most dangerous types of accidents that take place on the road. If you have lost someone you love in a fatal head on accident, you need to schedule a consultation with a seasoned Miami wrongful death attorney immediately. We understand that talking to a lawyer is probably the last thing you want to do when you are dealing with such a devastating loss, but at the Law Offices of Robert Dixon, we can help you make sense of the situation and help you secure compensation for the expenses that are likely to pile up in the aftermath of such a tragedy.

In a heartbreaking accident last week, 9-year-old twin sisters were killed in a head-on collision in Lake Mary. According to the Florida Highway Patrol, an Acura sedan crossed a double yellow line and crashed into an oncoming Toyota Corolla. The twin girls were in the Corolla and died in the wreck. Troopers say the twin girls were not wearing their seatbelt. The accident is currently under investigation and charges are pending against the Acura’s 24-year-old driver.

Head on Collision Statistics

Boy Killed in Florida ATV Accident

Published on: October 24, 2018 | by Law Offices of Robert Dixon

While ATVs are typically used for recreational purposes, they also pose many dangers. If you have been hurt in an ATV accident either because of negligence or a malfunction, we can help. At the Law Offices of Robert Dixon, our skilled Miami injury attorneys will make sure your rights are protected and you get the full and fair compensation you need to move on with your life.

A 6-year-old boy was killed earlier this month in an all-terrain vehicle (ATV) accident. According to the local Sheriff’s Office, deputies answered a call for help in Lankland. The boy’s family had brought him to the Polk County Fire Rescue Station. He was flown to the Tampa General Hospital where he subsequently died from his injuries.

The little boy was a passenger on a side-by-side ATV being driven by his 8-year-old brother. Another one of their brothers, aged 10, was following closely behind on another ATV. The two vehicles were headed down on a dirt track, which was routinely used for ATV riding and activities. At some point, the right side of the ATV on which the 6-year-old boy was riding hit a dirt mound, which sent the vehicle to the left where it hit another dirt mound before eventually tipping onto its side. The little boy was thrown off the ATV, which landed on top of him and caused severe head injuries since he was not wearing a helmet at the time.