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Category: Wrongful Death

  • Hit-and-run accident leads to bicyclist’s death

    A Florida teenager lost his life in Hendry County after a sport utility vehicle struck his bike. The SUV driver was recently arrested in connection with the accident after fleeing the crash scene. His arrest came a little over a month after the hit-and-run accident.

    How the accident happened

    The Florida crash happened on a Thursday. Police reported that a boy, 15, was riding a bike along a road. A 28-year-old man was driving a sport utility vehicle on the road at the time and reportedly hit the boy’s bike.

    Authorities said the man fled the crash scene in his vehicle. Meanwhile, the teenager was pronounced dead at the crash scene. Police said they discovered and impounded the man’s vehicle the next day and arrested him on a recent Friday. He now faces charges of vehicular homicide, leaving an accident scene involving someone’s death and being involved in a deadly accident after driving with a revoked driver’s license.

    How an attorney can help following the accident

    The surviving loved ones of the teenage bicyclist who died in the Florida accident may opt to file a wrongful death claim against the arrested man, seeking damages. If the man is convicted on his criminal charges, proof of the conviction may be presented in a related civil court proceeding with the goal of establishing his liability for the fatal hit-and-run accident. A successfully litigated suit may lead to monetary damages to cover accident-related losses, such as the bicyclist’s funeral expenses.

  • Damages for the pain a parent suffers for losing a child

    Losing a child is an agonizing experience, and when it happens due to wrongful death, a parent may have to face such emotional turmoil as they painfully pursue justice.

    Legal foundations

    Wrongful death claims arise when a person’s death is due to negligence or intentional actions of another party. When a child is the victim, parents or legal guardians often pursue these claims on behalf of the deceased child. Such cases can encompass a range of scenarios, including accidents, medical malpractice or even criminal acts.

    Compensation and accountability

    One primary objective of pursuing a wrongful death claim is to hold the responsible party accountable and seek compensation for damages. Parents may recover damages for medical expenses, funeral costs and loss of future earnings the child might have contributed to the family. While no amount of money can truly compensate for the loss of a child, these legal actions aim to ease the financial burden on grieving families.

    Emotional toll

    The emotional toll of losing a child due to wrongful death is profound. Grieving parents not only grapple with the loss itself but also with anger and frustration over the preventable nature of the tragedy. These emotions can be exacerbated during legal proceedings, where the facts of the case are scrutinized, adding to the parents’ distress.

    Legal process and support

    Wrongful death claims can be emotionally taxing for parents, as they must navigate the legal system while coping with their grief. Seeking the counsel of attorneys specializing in such cases can provide much-needed guidance. Additionally, support from friends, family and grief counselors is crucial for helping parents endure this challenging journey.

    Wrongful death claims involving children are complex, emotionally charged legal battles. Parents seek justice and accountability while grappling with the unbearable loss of their child. Although no legal action can fully heal their wounds, it serves to honor their child’s memory and work toward preventing similar tragedies in the future.

  • Many traffic fatalities are speed-related, safety officials warn

    Haste makes waste, a popular saying goes. That saying rings true in new data published by the National Highway Traffic Safety Administration (NHTSA). The agency found that speeding-related fatalities have reached a 14-year high in 2021.

    According to the NHTSA, motor vehicle speeding accounted for almost a third of all traffic-related fatalities in 2021. About 12,330 people died in speed-related crashes in 2021, accounting for 29% of all traffic fatalities that year.

    NHTSA published the data as part of its new speeding prevention campaign, which will run from July 10 to 31.

    Why are speeding accidents so fatal?

    Speed is one of the most significant factors in any collision. High speed increases the braking distance of motor vehicles and reduces the ability of road safety structures, such as concrete barriers and guard rails, to stop a runaway automobile. Speed also increases the impact and damage caused by a vehicle collision, significantly raising the chances of injury or death. And moving too quickly reduces the time a driver needs to react to a collision risk.

    Many drivers caught speeding were also found to be intoxicated at the time of the accident. NHTSA data found that 43% of speeding drivers in the 25 to 34 age range were alcohol-impaired – the largest of the age groups surveyed.

    Speeding accidents aren’t just fatal but very expensive too. In a previous report, the NHTSA said that speed-related crashes led to $46 billion in economic costs in 2019. These expenses include medical, legal, emergency services, property damage and insurance administration costs, as well as work and productivity losses.

    If a loved one died in a fatal automobile accident caused by speeding, you could hold the other driver responsible for the wrongful death through a lawsuit. The damages claimed from a lawsuit may not be able to bring back the deceased, but it can help deal with the economic burdens the surviving family may face. But wrongful death lawsuits can be tricky to navigate. A legal adviser may be able to guide you through the lawsuit process, explain how state laws affect your case and represent you in court.

  • Wrongful death damages: how do courts distribute proceeds?

    Wrongful death cases can be lengthy and exhausting, especially for the victim’s surviving family, who are simultaneously mourning their loved one’s death. So, when the case ends and the court awards the rightful damages, it can bring a sense of relief to the family.

    But the process does not end there. Interested parties still have to go through the distribution process. Florida sets the rules for the awarding of wrongful death damages.

    Directly to the survivors

    Usually, the court distributes wrongful death proceeds directly to the decedent’s surviving spouse and children. The survivors have the right to receive the following damages:

    • Loss of support and services from the date of death, present and future
    • Loss of spousal companionship and protection
    • Loss of parental companionship and guidance
    • Pain and suffering

    A survivor who covered the decedent’s medical and funeral expenses can also recover the amount paid. Note that the distribution is subject to the court’s consideration of evidence of remarriage of the decedent’s spouse.

    The estate can receive damages too

    While some states only allow the award of wrongful death damages to the surviving family, Florida laws allow the decedent’s personal representative to recover damages for the owner’s estate. Damages that the estate may recover include the following:

    • Loss of earnings of the deceased, after subtracting loss of support from the amount
    • Loss or prospective estate net accumulations
    • Funeral expenses if the estate paid for the same

    If both the estate and a survivor spent money to pay for the funeral expenses, the court shall pay the survivor first.

    While the law is straightforward regarding who receives the proceeds of the wrongful death claim and which damages go to whom, it can still be confusing. Consulting with a legal professional can help you ensure you will receive the damages you are entitled to.

  • Traffic safety agency underestimates the life-saving potential of side underride guards for trucks

    Underride crashes are some of the most terrifying types of automobile collisions. They happen when a passenger vehicle (often a car with a lower ride height) collides with a truck or its trailer, resulting in the vehicle running underneath the truck or trailer’s body. If the passenger vehicle is lucky, it hits one of the truck’s axles, preventing it from going entirely underneath. Otherwise, the truck’s bottom shears off the vehicle’s roof and hits the driver and passengers – often with fatal results.

    One way to prevent these fatal accidents is to install side underride guards, which prevent colliding cars from going completely underneath trucks in a collision. Unfortunately, these safeguards aren’t a standard issue on all trucks. The nation’s top traffic safety authority is also hesitant to make underride side guards a requirement.

    The National Highway Traffic Safety Administration (NHTSA) recently published a preliminary cost-benefit analysis of requiring side guards. The report estimated that it would cost between $973 million and $1.2 billion to equip all large trucks in the U.S. with side guards and that the move would only prevent 17 fatalities and 69 injuries per year.

    In response to the report, the nonprofit Insurance Institute for Highway Safety (IIHS) issued a statement calling out the NHTSA for underestimating the life-saving functions of underride side guards. IIHS pointed out that NHTSA’s estimates didn’t account for other relevant crash types, such as crashes at speeds greater than 40 mph or crashes involving more than one vehicle or truck. The nonprofit additionally stated that NHTSA’s testing used speed limits and police-estimated pre-crash speeds rather than actual speed data recorded from real crashes.

    A senior IIHS researcher said that side guards could save more than ten times as many lives as the NHTSA had estimated.

    Responding to underride collisions

    Until the NHTSA reconsiders and makes side guards mandatory for all large trucks, underride truck crashes will continue to be a risk. The IIHS noted that in 2021, there were 488 passenger vehicle occupant fatalities in collisions that involved hitting the side of a tractor-trailer.

    While surviving an underride crash is possible, most have proven fatal. Tests have shown that slamming into the side of an unguarded tractor-trailer can result in fatal upper body crushing injuries and dismemberment, as the roof and passengers get sheared by the bottom of the truck or trailer.

    If you have a loved one who died from an underride truck collision, consider filing a wrongful death lawsuit against the truck driver and operator with the help of a personal injury lawyer. A lawsuit can hold the driver and operator accountable for the death, and they must pay compensation.

  • The wrongful death of a loved one

    The death of a loved one is always difficult to deal with. We cannot prevent disease and old age. Even though accidents occur, they should not cause the death of another human being. Wrongful death is when you lose a loved one because of negligence or adverse action. It is more straightforward to blame a criminal who intentionally caused harm that resulted to death. However, when negligence is the defining precursor, it may be more challenging to justify.

    The laws of Florida outline the possibilities an individual or entity can be liable for another person’s death. If you lost a loved one due to unintentional but avoidable causes, you may have a wrongful death lawsuit.

    Who can be responsible for a wrongful death?

    Negligence is failing to act reasonably or with due prudence. It is one of the most common causes of wrongful death. Someone should be answerable for the loss of your loved one, but you must understand how they are liable. The following are the individuals or entities that may be accountable for your loved one’s death:

    • A driver who does not obey traffic rules and regulations
    • A driver who is driving while distracted or intoxicated
    • Property owners who fail to keep their property safe and hazard-free
    • Schools that do not have preventive and safety measures for their staff or students
    • Employers are responsible for their employee’s well-being in the office
    • Employers should provide appropriate training for their employees
    • Hospitals and health care providers have duty to provide their patients with a standard or medical care

    People can go through their daily lives without much thought of how their actions or inactions can directly impact another individual. Especially when that individual is a stranger. They could have prevented the death. Your loved one should still be here today.

    Recovering justice for your loved one’s death

    In Florida, any surviving potential beneficiary or relative can seek compensation for the damages they suffered from losing their loved one. They may no longer be alive to defend themselves, but you are here. You can fight for them.

  • What are Florida’s wrongful death laws?

    Losing a loved one is hard for any Florida resident, but it’s a different pain category when the loss is due to wrongful death. Unfortunately, there is no way to get your loved one back, but you have the right to file a wrongful death lawsuit. These are the laws in the state.

    Understanding wrongful death

    Wrongful death occurs when a person dies because of someone else’s negligence, recklessness, or intentional violence. Unlike criminal homicide cases, wrongful death is a civil action. If a lawsuit against the liable party is successful, the victim’s surviving family members recover compensation for various damages.

    Florida’s wrongful death laws

    In Florida, the decedent’s representative can file a wrongful death lawsuit on the family’s behalf. The statute of limitations for filing is four years from the date of the victim’s death.

    Damages in a wrongful death lawsuit include both economic and non-economic damages. Monetary damages include medical expenses while the victim was still alive, funeral and burial costs, lost wages and earning capacity. Non-economic damages include the decedent’s pain and suffering before their death and those suffered by the surviving family members: loss of companionship, loss of consortium, loss of support and guidance and mental anguish.

    In some cases, the victim’s survivors may also recover punitive damages if a wrongful death claim is successful. The court might do that not to compensate the family; if the defendant’s actions were particularly egregious in causing the death, punitive damages might be awarded to punish them.

    You have cause to file a wrongful death claim if your loved one would have been able to file a personal injury claim if they had lived.

  • What damages are available in a wrongful death lawsuit?

    It’s always horrible when a loved one passes away, but it’s even worse when there’s a situation of wrongful death. It can leave the person’s family members at a complete loss. In Florida, the decedent’s personal representative can file a wrongful death lawsuit on the family’s behalf. Certain damages can be recovered if the case is successful.

    Losses suffered by the decedent

    In some cases, the victim might be left alive and suffering for a period of time before they ultimately pass away. For example, a person hit by a car might be in critical condition and need extensive surgery for their injuries but end up dying sometime later. The wrongful death damages could include medical expenses, lost wages, ongoing medical treatment, pain and suffering, and mental anguish.

    Economic losses suffered by the family

    Economic losses are those that carry an actual monetary figure. In wrongful death cases, the victim’s surviving family members often suffer financially if they depended on the victim for such support. The person’s spouse and children might have been on their health insurance plan and relied on them for everyday support. In a wrongful death claim, the family could recover those financial damages for the support they would have continued receiving had the victim survived.

    Non-economic losses suffered by the family

    Not all damages in a wrongful death case have a price tag. Non-economic damages are those that the family suffers that cannot be measured. These losses include pain and suffering, emotional distress, loss of consortium, loss of companionship, guidance, support and protection. Surviving spouses and children of wrongful death victims often experience significant emotional trauma and might go on to develop mental health conditions like anxiety and depression. In a successful claim, they could recover compensation for such damages.

    Sometimes, punitive damages are awarded as well to punish the at-fault party for egregious behavior or conduct.

  • Filing a wrongful death lawsuit in Florida

    Fatal injuries that are caused by the negligence of another individual can result in wrongful death lawsuits in Florida when certain evidence exists. They are legal actions filed in addition to any personal injury claims associated with the death. However, all fatal injuries are not subject to an additional wrongful death claim. The respondent must have exhibited extensive negligence or breach of contract or a reasonable duty of care for the claim to be valid. Additionally, the court must authorize all wrongful death lawsuits before they can move forward in the Florida court system.

    Who can file a wrongful death lawsuit

    The state of Florida sets strict rules regarding who has standing to file a wrongful death legal action. They cannot be filed as claims to an insurance company, but must instead be filed as formal litigation in court. This alone necessitates legal representation. The state will assign wrongful death standing to sue is assigned first to a legal spouse or any dependent children. In the absence of either, parents are allowed standing to file as well. The closest blood relative is assigned standing in the absence of parents.

    Potential damages

    While personal injury claims are focused on the payment of medical bills, lost wages, and general damages for pain and suffering, wrongful death claim elements typically include loss of consortium, loss of future support for children, and mental anguish associated with loss of a parent. Proceeds from a wrongful death legal action are considered property of the family and cannot be included as property of the victim in any probate matters.

    Additionally, families may include funeral expenses in addition to the primary claim elements along with any necessary associated costs. The statute of limitations for wrongful death is two years in Florida, but the clock can also be “tolled” in certain instances.