Wrongful Death Category Archives - Page 2 of 3 - South Florida Injury Lawyer Blawg Published by Miami Accident Attorneys

Court Discusses Employer’s Liability in Pedestrian-Railroad Death Case

Published on: August 29, 2018 | by Law Offices of Robert Dixon

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 As a result of her behavior, her access into the building was rescinded.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.

1 Killed in Florida Dump Truck Accident

Published on: August 23, 2018 | by Law Offices of Robert Dixon

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:

Teen Dies in Fiery Crash After Driving 116mph in Florida

Published on: August 23, 2018 | by Law Offices of Robert Dixon

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.

Florida Law Allows Child Support Garnishment of Wrongful Death Damages

Published on: April 19, 2018 | by Law Offices of Robert Dixon

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.

Wrongful Death Claim Permitted After Personal Injury Case Based on Same Conduct Resolved

Published on: September 23, 2016 | by Law Offices of Robert Dixon

Medical malpractice cases are extremely complex, and multiple causes of action may be appropriate in a single situation. The success of a claim depends heavily on having significant and concrete evidence to show a medical facility or doctor’s malpractice. This is why it is important to consult a capable Miami injury lawyer if you are considering a potential medical malpractice claim.

In Spangler v. Mcquitty, the parents of a boy, Dylan, filed a personal injury lawsuit against a physician who delivered the child on behalf of their son, contending that the son’s severe disabilities were a result of birth injuries caused by medical negligence.

While pregnant with Dylan, the mother’s doctor failed to obtain informed consent for the treatment that was administered to her, causing a placental abruption, which ultimately left the son with cerebral palsy and other long-term injuries. Cerebral palsy is a broad term for a variety of disorders that impair the motor functions and development of a child.

Expert Testimony Under the Daubert Standard

Published on: March 3, 2016 | by Law Offices of Robert Dixon

When it comes to personal injury and wrongful death cases in Florida, it is not uncommon to use expert witnesses to explain complicated issues to the jury regarding the injury or the cause of the injury. There are, however, strict requirements about who can qualify as an expert witness. Under § 90.702, Fla. Stat., an expert witness must possess the knowledge, skill, experience, training, or education needed to convey an opinion to the judge or jury based on sufficient facts or data, applying reliable principles and methods to the facts of the case. These requirements amount to the Daubert standard.

In Baan v. Columbia County, the First District had to decide whether the expert testimony of an emergency room doctor about the standard of care and the conduct of emergency personnel responding to a 911 call was appropriately excluded.

The facts of the case are as follows. Emergency Medical Services (EMS) was called for an infant who was experiencing respiratory distress. Once EMS arrived on the scene, they showed the infant’s aunt how to use a nebulizer and left within 10 minutes of their arrival. The EMS report indicated that the child had normal vital signs. Approximately 50 minutes later, another 911 call was placed that revealed that the infant had stopped breathing altogether and that he was blue. The baby was also cold to the touch. The infant was air lifted to a nearby hospital but pronounced dead the next day.

Florida Man Alleges Nursing Home Failed to Save his Mother from Choking

Published on: November 10, 2015 | by Law Offices of Robert Dixon

Choosing a nursing home for a loved one is never easy. No matter how cautious you are in picking the right facility, things can go wrong. Unfortunately, nursing home neglect and abuse lead to many deaths each year. If your loved one died in a nursing home, you may be able to take legal action against the facility. Florida law protects the rights of nursing home residents and allows certain surviving family members to pursue wrongful death claims. At the Law Offices of Robert Dixon, our Miami wrongful death attorneys understand this area of the law and can help you get the justice and compensation you deserve for your harm.

Recently, a Delray Beach man filed a wrongful death claim against the Whitehall Boca, where his 72-year-old mother was recovering from pneumonia. The man claimed that his mother had a medical condition that made it very difficult for her to eat, drink, or swallow food.

Driver’s Personal Auto Insurance Not Liable for Death of Florida Baby in Daycare Vehicle

Published on: October 14, 2015 | by Law Offices of Robert Dixon

Leaving children at a daycare can be a tough decision for many parents. However, for many working parents, daycare is the only option. When parents make this decision, they expect their children will be taken care of. Unfortunately, this does not always happen. If your child has been hurt or killed due to a careless daycare facility, it is important to speak to a qualified Miami injury attorney who can help you get the justice you deserve.

In Bryant v. Windhaven Insurance Co., a van driver employed by a local daycare picked up an infant and other children to take to the daycare center. When he arrived at the daycare, he took all the children inside except for the infant. The driver had forgotten the infant was in the car. The infant remained in the vehicle for several hours and died as a result of the summer heat.

Following the tragic incident, the deceased infant’s parents filed a wrongful death claim against the daycare, the daycare’s landlord, and the driver of the van. The driver pursued defense and coverage from his personal auto insurance policy, despite the fact that the death took place in the daycare’s van. The driver’s insurer approved coverage but did so under a reservation of rights, meaning the insurance company reserved the right to deny coverage at a later time.

Fatal Car Accidents in Florida

Published on: September 25, 2015 | by Law Offices of Robert Dixon

Every day, people in Florida and throughout the United States are killed in car accidents. In some cases, the death is instant, while in others the victims suffer catastrophic injuries that turn fatal. At the Law Offices of Robert Dixon, we understand how devastating such a loss can be for a family. Our Miami personal injury attorneys are committed to obtaining justice for the loved ones who are left behind to pick up the pieces.

According to the U.S. Department of Transportation Fatality Analysis Reporting System (FARS), there were 30,057 fatal motor vehicle accidents in the U.S. in 2013, in which a total of 32,719 deaths occurred. In the state of Florida, there were 2,228 fatal crashes, in which 2,407 deaths took place. Alcohol played a role in some of these accidents. A number of different types of injuries ultimately caused the deaths.

Civil Damages in Florida Wrongful Death Cases When Family Member is the Tortfeasor

Published on: February 19, 2015 | by Law Offices of Robert Dixon

When crimes are committed, there is often a way for the victim and his or her family to recover civil damages for the harm. In a tragic case, the Second District had to assess what happens when one family member killed another and the surviving family member tried to seek damages for the harm that resulted from the crime.

In Cosman v. Rodriguez, a husband killed a wife after 50 years of marriage. The husband was subsequently convicted of murder. The wife’s surviving adult daughter filed a wrongful death claim as the decedent’s personal representative of her mother’s estate and later amended the suit to add individual claims.

The trial court ruled that the daughter was ineligible to recover compensation because she was an adult and her father was a surviving spouse. Under Florida’s wrongful death statute, minor children can only recover wrongful death damages if there is no surviving spouse. In this case, there was a surviving spouse. Thus, the daughter was barred from recovering because her father was still alive. Continue Reading ›