Articles Posted in Wrongful Death

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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.

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Sadly, sometimes paragliding companies put profits before customer safety, putting lives in danger. What is supposed to be an exhilarating experience can quickly become a nightmare when something goes wrong. If you have suffered an injury in a paragliding accident, knowing your legal rights can provide financial relief and peace of mind. Our Miami injury lawyers will examine the specifics of your case and help you determine if you have a viable case.

The body of a 59-year-old man killed in a paragliding accident was recovered after he went down in Lake County. Law enforcement said they received a call some time after 7:00 a.m. when a witness described a small aircraft malfunctioning and spinning out of control prior to landing in Lake Beauclair. In other words, the paraglider spun out of control before crashing into the water. Aerial footage of the incident shows a rescue boat looking for the man, whose body was later found. There were two other gliders with the paraglider prior to the accident, but they landed in a safe manner on a golf course nearby. No other details were immediately available and the case is still being investigated.

Paragliding is a sport in which a person jumps out of an aircraft with a special parachute that allows him or her to travel a long horizontal distance before landing. Paragliding accidents are different from skydiving in that the former is not regulated at the federal, state or county level. Instead, individuals who want to paraglide rely on operators, instructors and others to guide them through the excursion. When these professionals fail to do their job properly, the consequences can be devastating.

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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.

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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. 

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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

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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.

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Losing a loved one is devastating, but it can feel even worse when you feel like the death could have been prevented. If you feel like your loved one’s death was due to another’s negligence, you need to reach out to an experienced Miami wrongful death attorney without delay. At our Law Offices, we are here to answer your questions and address your concerns.

In the recent case of Salerno v. Del Mar Financial Service, an appeals court issued an opinion regarding what duty an employer owes an employee. Ultimately, the court determined that the employer did not owe any duty to the employee and, therefore, could not be held accountable for the employee’s death.

The plaintiff, S.S., worked as a paralegal for a financial services firm. In June of 2013, S.S. became inebriated at work from the alcohol served by the employers. She started getting agitated at other employee and had to be escorted out of the building. As a result of her behavior, her access into the building was rescinded. S.S. began walking home, which was ten miles away. As she was walking along the railroad tracks, she was hit by an oncoming train and instantly killed.

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Strict deadlines placed on dump truck drivers often cause drivers to speed and engage in other dangerous behaviors. If you or your loved one has been injured or killed in a dump truck accident that was not your fault, you need to reach out to a skilled Miami truck accident attorney who can help. At our Law Offices, we are committed to helping South Florida clients obtain the compensation they need to move on with their lives.

The Florida Highway Patrol is investigating a deadly accident that occurred in Southwest Miami-Dade last week. Troopers say a dump truck was attempting to make a left turn into a concrete plant when it collided with a rental car, which burst into flames. Sadly, the 30-year-old driver was burned to death and died at the scene of the accident. He was driving a Dodge Charger at the time. The collision is being investigated to determine if speed was a factor.

A dump truck refers to a truck with a body that tilts or opens at the back for unloading. These trucks are typically used for transporting loose material such as sand, gravel or demolition waste for construction. According to the Federal Motor Carrier Safety Administration, dump and cement truck accidents caused the second most injuries and deaths among all large commercial vehicle crashes in 2015. Given the weight and ungainly distribution of mass, dump trucks can be prone to rollovers, which may lead to serious accidents and injuries. Other causes of dump truck accidents include, but are not limited to:

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Every single year, millions of Americans are involved in deadly car accidents, many of which are caused by excessive speeding. If you or someone close to you was killed due to an accident caused by another driver speeding, you may be entitled to compensation for your harm. While no amount of money can bring back your loved one, the compensation can help you deal with your emotional and financial injuries. At our law offices, our seasoned Miami car accident attorneys can help you understand your legal rights and options every step of the way.

In May, just two months after being ticketed for driving 112 mph in a 50 mph zone, B.R. drove his Tesla Model S at 116 mph three seconds before he crashed into a wall and his vehicle went up in flames. The accident ended up killing B.R. and his friend on Fort Lauderdale’s Seabreeze Boulevard.

The information regarding B.R.’s speed is from an initial investigation from the National Transportation Safety Board (NTSB). The report also revealed that the two 18-year-olds in the car were wearing seat belts as the Tesla smashed into a wall two times, caught on fire, then careened across the street into a light pole. The NTSB is also looking into the flammability of lithium-ion battery backs for electric vehicles. It is important to note that the battery reignited after the accident and was quickly extinguished. After the wreck, Tesla issued a statement expressing sadness for the lives lost but stating that high-speed collisions can lead to a fire irrespective of the type of the car.

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Losing a loved one is never easy, but it can be even more difficult when the death is unexpected. It can be difficult to know what to do after such a loss, but you don’t have to face the process alone. If you have lost a loved one due to the negligence of another party, you need to reach out to a skilled Miami wrongful death attorney who can help. At the Law Offices of Robert Dixon, we understand how to move through these claims to help our clients get the maximum appropriate compensation in their case. Time is of the essence in these cases, so it is vital to act quickly.

In Florida, F.S. 409.25656 allows for the garnishment of any personal injury or wrongful death damages for certain financial obligations, including child support. The Tennessee Supreme Court recently addressed this issue in a wrongful death case in which the court held that an individual who owes child support is not able to receive monetary damages from a wrongful death claim.

In a recent case, a married couple had a son named Uriah who was born in 2009. A month later, the husband abandoned his wife, although they never divorced. He never provided any financial support to his wife for the child. In 2010, when Uriah was 18 months old, the wife died unexpectedly in a car crash involving a teenage driver. After the wreck, the court handed custody of the child to his maternal grandmother.

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