How to Prove Wrongful Death in Florida
As the name suggests, proving a wrongful death claim requires the deceased’s personal representative to prove the death was caused by a wrongful act. That can include negligence, default, breach of contract, or a breach of warranty. Further, the claim must prove the deceased individual would have been entitled to personal injury awards if they survived the incident.
With that in mind, proving a wrongful death claim isn’t always easy. It requires a proven Florida wrongful death attorney’s knowledge, experience, and savvy in many cases. At Schrier Law Group, our attorneys have more than four decades of experience successfully recovering damages for personal injury and wrongful death claims.
We’re confident that we can help you and your family obtain the best possible outcome in your case. If you’ve recently lost a loved one due to the wrongful acts of a person or entity, your family deserves maximum compensation for their death.
Contact us today to schedule your free initial consultation with a wrongful death lawyer in Florida you can trust. Continue reading to learn how to prove wrongful death in Florida.
What You Need to Prove in a Wrongful Death Claim
Generally, wrongful death claimants must prove three elements; duty of care, a breached duty of care, and causation of death. If these three elements can’t be proven, it’s unlikely that you will win a wrongful death case. Learn more about each below.
Duty of Care
Like personal injury cases, the deceased’s estate must prove the defendant owed them a duty of care. A duty of care can be defined as a legal obligation requiring individuals and entities to provide reasonable care to avoid injuring others. Examples of parties that owe others a duty of care include:
- Motor vehicle drivers
- Product manufacturers
- Healthcare providers
- Business owners
If the defendant’s actions are contrary to the duty of care, it can be considered negligence. Death resulting from their negligence can be the basis for wrongful death claims.
A Breached Duty of Care
In addition to proving the defendant owed the deceased a duty of care, the plaintiff must also prove they breached that duty. For example, if a loved one was killed in a car accident, the plaintiff must prove that the death was caused by recklessness, speeding, distracted driving, inattention, etc. That duty of care extends to many other areas like healthcare, product manufacture, law enforcement, business owners, and much more.
The Cause of Death
In addition to the section above, your Florida wrongful death attorney must prove the defendant’s negligent actions (or inaction) were a direct cause of the deceased person’s death.
Proving a breached duty of care often requires the knowledge and experience of a proven wrongful death attorney. Your attorney can investigate the facts of your case, identify critical witnesses, enlist the services of expert witnesses, and much more.
What is The Statute of Limitations For Wrongful Death Claims in Florida?
Generally, the deceased’s family must file a Florida wrongful death claim within two years of the date of death. However, there are exceptions. For example:
- Medical Malpractice – wrongful death cases must be filed within two years from the time of the incident that caused the death or within two years from when the wrongful action was discovered.
- Murder Cases – Since murder and homicide investigations can sometimes take years or months to conclude, the clock on wrongful death statute of limitations for these cases doesn’t start until law enforcement and prosecutors identify the responsible party.
- Government Agencies – Suppose a government agency or entity is to blame for your loved one’s death. In that case, the statute of limitations is extended to four years. That’s because wrongful death claims against government entities are a much more complicated process, typically requiring more time.
If you don’t file a wrongful death claim within the Florida statute of limitations, you may lose your right to pursue damages.
With that in mind, you must file your wrongful death claim on time and correctly to ensure the best possible outcome. Contact the best wrongful death attorneys in Florida at The Schrier Law Group to discuss the merits of your case today.
Contact The Schrier Law Group Today
Pursuing a wrongful death claim without a competent attorney is not recommended. It’s challenging to handle the loss of a loved one and attempt to understand Florida’s complicated wrongful death laws simultaneously.
The wrongful death lawyers at Schrier Law Group are here to help you navigate the legal process while you grieve. Contact us today for your free initial consultation with an attorney you can trust.
CAN YOU SUE FOR WRONGFUL DEATH AFTER A CAR ACCIDENT IN FLORIDA?
Suppose your loved one was killed in a Florida car accident due to another driver’s negligence. In that case, you might be eligible to recover maximum damages for wrongful death in Florida. However, your case must meet all wrongful death requirements and be filed within the statute of limitation for wrongful death claims in Florida.
Over the past 40 years, the wrongful death attorneys at Schrier Law Group have represented countless individuals in wrongful death cases. Our lawyers are here to investigate your case, negotiate your claim, and hold all responsible parties accountable for the death of your loved one.
Contact us today at 1-888-831-2688 for your free initial consultation with a proven Florida wrongful death lawyer.
What Constitutes Wrongful Death in Florida?
Generally, a wrongful death occurs when an individual dies due to another party’s negligence, wrongful act, breach of contract, etc. That means that an individual who causes a car accident resulting in death may be liable for wrongful death. It’s important to note that an individual can be responsible for a wrongful death, whether the act was accidental or intentional.
Who Can File a Wrongful Death Claim in Florida?
Suppose the deceased person names a personal representative in their will or estate plan. In that case, the personal representative can file a wrongful death claim on behalf of the deceased’s estate and family.
However, if there is no will or estate plan, the Florida courts will appoint a representative. Generally, the following people can be named in a wrongful death suit in Florida:
- Spouse, parents, or children of the deceased
- Relatives related by blood
- Adopted siblings
If the victim was a child, the parents could file a wrongful death claim. Further, if the deceased was divorced or unmarried, the adult children can file a claim.
7 Damages You Can Recover For Wrongful Death
According to Florida Statute § 768.21, a personal representative can file a wrongful death suit for the following damages, but are not limited to:
- Medical bills – The cost of emergency medical care and other life support measures taken before the death occurs.
- Hospice care – If your loved one suffered serious injuries like traumatic brain injuries, internal bleeding, etc., resulting in the need for hospice care, the costs can be recovered via a wrongful death claim.
- Funeral costs – Funerals are not cheap. The last thing you want to worry about is the cost of burial, a casket, etc. Wrongful death claims can take care of the funeral costs.
- Lost income – Suppose your loved one was the family breadwinner. In that case, the personal representative could file a wrongful death claim for the income lost as a result of their death.
- Lost future income – In addition to lost income, the personal representative can file a claim for the value of income expected in the future.
- Mental pain and suffering – Losing a loved one can cause all sorts of mental anguish and pain. Fortunately, a wrongful death claim can help recover damages for the mental injuries caused by your family member’s death.
- The value of lost support – can include supportive measures like rent, cutting the grass, cleaning the house, babysitting, and much more.
It’s important to note that wrongful death cases are civil claims. However, criminal cases and wrongful death cases can coincide in some instances. Further, each case is independently evaluated by the courts.
If you’re considering taking legal action for the untimely death of your family member, it’s in your best interest to consult a wrongful death attorney as soon as possible. Contact Schrier Law Group today to discuss the merits of your case.
Contact The Best Wrongful Death Attorney in Florida
Wrongful death claims are complex, emotionally draining, and drawn out. With that in mind, it’s essential to work with a personal injury lawyer you can trust who will fight for maximum compensation on behalf of you and your family.
Our wrongful death attorneys are here to walk you through the process step-by-step. When you work with us, you can expect:
- Careful investigation of your case
- Identification of eyewitnesses
- Negotiations with insurers (if necessary)
- Representation in court
- Assistance in settling family disputes about death claim benefits
- An attorney who will fight for maximum compensation for you and your family
The sudden loss of a loved one can be devastating. During this challenging time, focus on yourself and your family, and let us focus on the legal aspect of your wrongful death claim. Contact us today at 1-888-831-2688 to discuss the details of your case with a proven wrongful death lawyer in Florida.
FLORIDA WORKMAN’S COMPENSATION: MAN DIES AFTER BEING BULLDOZED WHILE USING A PORTA-POTTY
Recently, Aaron Henderson, a landfill traffic controller, was killed by a bulldozer while in a porta-potty. According to the reports, the bulldozer driver traveled up a hill to the landfill at night. While driving, the front blade of the bulldozer partially obstructed his vision due to the angle and height.
As a result, the driver accidentally bulldozed a porta-potty that he did not see. Once he heard the crumbling metal and plastic, he stopped his vehicle, but it was already too late for Aaron Henderson by that time.
The operator quickly jumped out of his vehicle to check the porta-potty for occupants. What he found was Mr. Henderson’s lifeless body inside. While this accident is tragic and heart-wrenching, similar workplace accidents resulting in death ( 4 – 5 thousand per year) happen far too often.
With that in mind, you may be wondering, “Is Aaron Henderson’s family eligible to sue for damages?” Continue reading to learn about Florida workman’s compensation laws and wrongful deaths at the workplace.
When Does Workman’s Compensation Handle a Workplace Accident?
Under Florida’s worker’s compensation laws, employers are mostly indemnified against personal injury lawsuits from employees. Instead, most workplace accident claims are handled and settled through the work comp process.
That includes cases that involve accidents like:
- Slip and falls
- Falling from heights
- Caught in-between
- Vehicle accidents and collisions
- Workplace violence
- And more.
It’s important to note that employees are typically unable to file a personal injury lawsuit against an employer for workplace injuries. However, an employee or their family can file a personal injury claim against third parties for injuries or wrongful deaths.
Understanding Workman’s Compensation Death Benefits
Worker’s compensation insurance covers injury and death. Generally, the deceased’s family, surviving spouse, or children can file a claim for death benefits up to 1 – 5 five years after the accident, depending on the circumstances. The worker’s compensation death benefit typically covers the following:
- Funeral expenses – Up to $7,500.
- Weekly payments – The surviving children, spouse, parents, or siblings may receive between 15 – 50% of the descendant’s wages.
- Educational benefits – A surviving spouse may be entitled to receive tuition payments for up to 1,800 hours of study at a career center or up to 80 hours for community college.
Generally, the worker’s compensation death benefit terminates once $150,000 (or less) is paid out to the dependants.
When Can an Employer Be Sued?
Employers can rarely (if ever) be sued for wrongful death at the workplace. However, suppose your family member suffered a wrongful death due to a third-party while on the job. In that case, you may be eligible to file a death benefits claim under worker’s compensation laws and a personal injury suit against a negligent or reckless third party.
Examples of third-parties that can face a personal injury lawsuit include:
- Third-party contractors or employees
- The property owner where the wrongful death occurred
- Manufacturers of defective products or equipment
Taking the example of Aaron Henderson, suppose a third-party contractor employed the bulldozer operator. In that case, Mr. Henderson’s family may be eligible to file a claim for the worker’s compensation death benefit and file a wrongful death claim against the third-party employer.
However, if they do suspect negligence or recklessness, they will need an experienced attorney for workman’s compensation and wrongful death claims on their side.
What To Do If Your Loved One Suffers a Wrongful Death
If your loved one has been killed while on the job, we recommend consulting with a proven workman’s compensation lawyer as soon as possible. A workman’s comp attorney can:
- Provide valuable insights into workman’s compensation laws regarding wrongful death
- Advise you on when to accept, reject, or negotiate work comp benefit claims
- File a workman’s compensation claim and wrongful death claim simultaneously
- Seek maximum compensation for your loses
It’s important to note that eligible surviving family members must file workman’s compensation death benefit claims and third-party personal injury claims within the statute of limitations. The sooner you contact an attorney about your case, the sooner they can get to work securing maximum compensation for you and your family.
Contact Schrier Law Group Today
The sudden death of a loved one can be devastating emotionally, physically, and financially. At Schrier Law Group, our worker’s compensation and wrongful death lawyers understand that no amount of money will replace your family member.
However, we also understand that you deserve to be compensated for the deceased’s lost income, financial support, love, etc. Our attorneys are compassionate, thoughtful, and aggressive. We won’t stop working until we get the best possible outcome in your case.
DISCUSSING HENRY RUGGS III CAR ACCIDENT AND DUI
On November 2, 2021, professional football player Henry Ruggs III made national news for his involvement in a felony DUI resulting in the death of Tina Tintor. If he is convicted, Ruggs faces 2 – 46 years in prison, a lifetime criminal record, and the end of his professional career.
However, the penalties don’t stop there. Regardless of the outcome of the criminal case, it’s likely that the family of the deceased victim will pursue a wrongful death personal injury case. That means that Henry Ruggs and his insurer will likely spend many more months (if not years) either negotiating a settlement or going to court for wrongful death.
If someone in your family suffered a wrongful death due to another driver’s negligence, you might be eligible to receive maximum compensation for their death. Contact Paul from Schrier Law Group today at 1-800-700-PAUL to speak with an experienced wrongful death attorney.
Continue reading to learn more about the Henry Ruggs III car accident, DUI, and potential wrongful death lawsuit.
Timeline of What Happened in The Henry Ruggs DUI Case
Understanding why Henry Ruggs is facing felony charges and a likely wrongful death lawsuit requires details about the case. So far, the following information has been released, but not limited to.
- Tuesday, November 2, 2021, 3:39 a.m: Henry Ruggs III travels at speeds north of 156 mph while intoxicated and subsequently rear-ends the Toyota Rav4 operated by the victim. The car crash was reported on Rainbow Boulevard in Las Vegas.
- The Police Arrive At The Scene: When the police arrive at the crash scene, they find Tina Tintor and her dog dead. They suspect that Henry Ruggs is intoxicated, but Ruggs refuses an evidentiary blood test.
- Warrant Issued: Law enforcement officials request a warrant for a forcible blood draw to test his BAC levels. The request is approved. Law enforcement officials draw his blood at University Medical Center.
- Results of the Blood Draw: Nevada prosecutors released information stating that Ruggs’s blood alcohol concentration was 0.161 at the time of the accident – which is slightly more than two times the legal limit.
- Wednesday, November 3, 2021: Henry Ruggs III posts a $150,000 bond and is subsequently released by the Oakland Raiders. However, he must adhere to all parameters of his release, including periodic alcohol breath tests.
- March 10, 2022: Henry Ruggs III is scheduled to attend a preliminary hearing to face the charges levied against him.
What Charges Are Henry Ruggs Facing?
DUI charges are serious, no matter the circumstances. However, a DUI resulting in death and serious bodily injury carries the harshest penalties of all DUI charges. Listed below are the current criminal charges that Ruggs faces.
- Two felony charges for DUI causing death or substantial harm – Punishable by 2 – 20 years imprisonment and fines ($2,000 to $5,000) for each charge if convicted. One charge is for the victim’s death. The other charge is for the injuries sustained by his girlfriend, who was a passenger in his vehicle at the time of the collision.
- Two felony charges for reckless driving resulting in death or physical injury – Punishable by 1 – 6 years imprisonment and a fine of $2,000 – $5,000.
- Misdemeanor possession of a gun while under the influence of alcohol – Punishable by up to six months in prison and up to $1,000 in fines.
Can Henry Ruggs Be Sued For Wrongful Death?
Absolutely. A wrongful death occurs when someone engages in unreasonable, negligent, or reckless behavior that results in another person’s death. Generally, anytime someone is killed due to a DUI, their family or estate can pursue a wrongful death personal injury case.
According to reports, the family of Tina Tintor has hired a wrongful death attorney to handle their possible wrongful death lawsuit. They have not issued further statements. However, they will likely pursue a personal injury case against Mr. Ruggs and his insurer. If successful, their losses may be realized via an out-of-court settlement with Henry Ruggs’ insurer, in court, or both.
Contact a Florida Wrongful Death Attorney Today
DUI-related deaths occur in Florida far too often. If your loved one or family member lost their life due to the negligence of another driver (for DUI or other reasons), you have the right to pursue maximum compensation for your loss.
While recovering damages is not an equal replacement for the loss of a loved one, it can help to offset costs associated with their death, including but not limited to funeral costs, lost income, pain and suffering, and much more.
Contact Schrier Law Group today to schedule a free initial consultation with a proven wrongful death attorney to discuss your case.
How Do You Recover After the Wrongful Death of a Loved One?
If your loved one was killed because of another party’s negligence, you may be able to bring a wrongful death case. In Florida, not everyone can bring a wrongful death claim or file a wrongful death lawsuit. There is a specific Florida Statute that lists those who are authorized to file a wrongful death case.
If you want to be compensated for the tragic, avoidable, and wrongful death of a loved one, it is important that you do not wait until it is too late to retain an attorney to pursue monetary compensation for your loss. Contact an experienced wrongful death lawyer at Schrier Law Group today for a free case review.
What is Considered a Wrongful Death in Florida?
Florida statute 768.19 states that wrongful death happens when someone dies as a result of a separate person’s “wrongful act, negligence, default, or breach of contract or warranty.”
In other words, a wrongful death occurs when someone passes away because of the fault of another party. Here are a few examples of wrongful death scenarios:
- a negligence-based incident
- medical malpractice
- a defective product
- an intentional or criminal act
Who Can Sue for A Wrongful Death in Florida?
In most states, a deceased person’s relatives can file a wrongful death lawsuit. However, Florida statute 768.20 indicates that only the personal representative, appointed for the estate of the deceased, can file a wrongful death case for the specific family members who can recover.
The personal representative is also referred to as the executor of the estate. The individual who files a wrongful death claim or case acts on behalf of the decedent’s estate. While filing the case, the estate executor or Personal Representative must also submit a list of potential beneficiaries.
These primary beneficiaries may include:
- The deceased’s spouse
- The deceased’s children
- The deceased’s parents
Minor children of the decedent are legally defined as those under the age of 25. They are generally entitled to recover more significant damages than those adult children 25 and over. One of the reasons being that many children under the age of 25 are often dependent upon the decedent for support.
Other dependents and/or family members of the decedent may also recover damages, but there are specific requirements that must be met. There are many intricacies involved in handling Florida wrongful death cases. That is why it is so important that various family members take advantage of the Free Consultations offered by most law firms that handle wrongful death cases. Of course, it would be prudent to speak with a highly experienced lawyer and one who is extremely knowledgeable about all of the family member’s rights under the Florida Wrongful Death Statute.
The attorneys at Schrier Law Group will ensure that every family member who is entitled to monetary compensation will be protected. Justice for you and your family starts now by placing a call to Schrier Law Group at (800) 700-7285 or (800) 700-PAUL.
What is the Statute of Limitations in a Wrongful Death Case?
The statute of limitations, referenced in the Florida Wrongful Death Statute, is two years. That means that one must generally file their claim or bring their case within two years from the date of the wrongful death, or they will most likely lose their right to ever bring a case. However, there are often pre-suit notice requirements that must be met prior to the expiration of the two-year Statute of Limitations. However, every case is different and must be determined based on the law governing the specific case at hand.
While the loss of a loved one brings on the most challenging time in our lives, it is also a time where it is unfortunately imperative to seek out the advice of an attorney who is of the highest caliber, an extremely experienced attorney who understands what you are going through and an attorney who you trust to protect and to preserve your right to bring a case under Florida’s Wrongful Death Laws.
Failure to adhere to all of the requirements regarding the Statute of Limitations under the Florida wrongful death Statute could very well prohibit the decedent’s personal representative from recovering lawful compensation for the victims, who are suffering and who should be the lawful appropriate beneficiaries under the Florida Wrongful Death Statute.
Most Common Types of Wrongful Death Claims in Florida
Wrongful death cases could be caused by many of the following common factors and situations:
- Defective, poorly designed, and mislabeled products have, all too often, caused wrongful deaths. When products are poorly designed, assembled, or manufactured, and the carelessness contributes to or causes an avoidable death of a loved one, a lawsuit may be filed against the at-fault party.
- Automobile accidents can result in devastating consequences and even tragic deaths. In fact, auto accidents are one of the most common events that lead to the filing of wrongful death cases in Florida. If an accident occurs because of poor highway or road conditions and the poor conditions were caused by a lack of maintenance or a defect that was known by or should have been known by a municipality, there is a chance that the city, county, or the state of Florida may be responsible for the family member’s damages under the wrongful death statute.
- Medical malpractice does take place, despite the fact that most healthcare professionals usually provide excellent care. Unfortunately, no one is perfect, and mistakes do occur. When a physician’s misdiagnoses or negligent error causes the death of a loved one, it can result in the family member’s right to recover monetary compensation for the wrongful death of their loved one.
- Workplace hazards are obviously vastly different, depending on the industry that one works within. There are many occupations that pose risks, which are not taken seriously enough or which are not up to Federal or State safety standards. In certain situations, employers can be held responsible for paying damages in a wrongful death negligence case and also avoid certain protections that worker’s compensation cases may provide, even if an accident & resulting death occurs while the decedent was working.
- Intentional criminal actions can lead to criminal and civil proceedings. Families may sue the responsible offenders in a wrongful death lawsuit, even if the offenders were either acquitted, never changed with a crime, or imprisoned.
Potential Wrongful Death Damages in Florida
If you are successful in bringing a wrongful death case, the Jury or Court will generally order the defendant to pay monetary damages for the following:
- Loss of the support and services that the deceased provided
- Loss of companionship and protection
- Mental pain and suffering
- Loss of parental companionship, instruction, and guidance
- Medical and funeral expenses
In Survivor Actions, the deceased person’s estate may recover certain damages, including lost wages, other benefits, as well as earnings from the date of your loved one’s injury to the date of their death.
Contact a Proven Florida Wrongful Death Lawyer Today
Wrongful death case law is constantly evolving, and changes can lead to confusion and what appears to be, conflicting rulings by our Courts. If you are thinking about filing a wrongful death case in Florida, it is wise to consider consulting with a skilled personal injury & wrongful death attorney. An experienced personal injury lawyer will generally be able to explain how the most up-to-date wrongful death laws apply to your specific situation.
An adept wrongful death lawyer can advocate for your rights, thoroughly investigate your case, and either go to trial on your behalf or negotiate a settlement with the defense for maximum compensation.
At Schrier Law Group, our Florida elite personal injury and wrongful death attorneys are here to assist you & your family members so that you receive the most potential compensation for your case. While money is never the complete answer, and we often want justice from the negligent party who took our loved one from us. The legal teams in Schrier Law Group will work tirelessly to recover everything possible within the bounds of Florida Law. We have the resources and the necessary skills to win your wrongful death cases, and you will never pay our law firm fees or costs until we win your case. We also offer compassionate assistance and strive to make you feel comforted throughout the legal process.
Contact Schrier Law Group today for a Free Case Review. We can be reached 24 hours, 7 days per week, at (800) 700-PAUL. Don’t be fooled by others. Get the money that you deserve for your loss.
Schrier Law Group Boating Accident FAQs
A boating accident is actually handled quite differently than an accident on the highway or a typical street or avenue. We here at Schrier Law Group want to go over the best procedure for what one should do if they are ever in a boating accident. As a Florida law firm, we see our share of boating accidents.
1. What Do I Do First After a Boating Accident?
If you have had a boating accident, you must first take care of the health and safety of those involved. Ensure everyone is safely on the boat if it is still afloat, or another safe place if it is not, and the boat is out of harm’s way. Then you should signal for help, if necessary, and seek medical attention for any injuries. A medical report will also be important evidence in any legal action.
You are going to need to gather details at the scene of the accident. Obtain registration numbers and insurance details for those involved, and contact details for the boat operators, passengers, and witnesses. If possible, take photos and video of the scene.
Then you have to report the boating accident to the U.S. Coast Guard and the State Fish & Wildlife Police. An accident report will be evidence for any action and is usually required by law.
Contact your insurance provider and an experienced boating accident attorney like Schrier Law Group. Do not accept liability or discuss the accident with the other parties or insurers before speaking to your lawyer.
2. What is Required of the Operator in a Boating Accident?
An operator involved in a boating accident must stop the vessel at the scene of the accident and offer assistance to anyone injured or in danger unless doing so would seriously endanger their own vessel or passengers. The operator is also required to notify the U.S. Coast Guard and the State Fish & Wildlife Police in accordance with state and federal laws.
3. What Types of Boating Accidents Need to Be Reported?
Federal law requires that a boating accident must be reported to the U.S. Coast Guard and State Fish & Wildlife Natural Resources Police if:
- A person dies
- A person is injured and requires medical treatment beyond first-aid
- A person disappears from the boat under circumstances that indicate death or injury
- Damage to the boat and other property totals more than $2,000 by federal law or there is a complete loss of the vessel
4. How Soon Should the Accident Be Reported?
A boating accident must be reported to the U.S. Coast Guard within 10 days of the accident or death, or within 48 hours if a person:
- Dies within 24 hours
- Is injured requiring medical treatment beyond first aid
- Disappears from the vessel under circumstances that indicate death or injury
5. Does Homeowners Insurance Cover Boating Accidents?
Homeowners’ insurance typically provides minimal coverage for a boating accident. Most policies will cover up to $1,000 damages to a boat, jet skis, or another recreational water vehicle, and generally cover damage by fire, wind or air, explosive hail, and vandalism.
6. How Common are Boating Accident Fatalities?
In 2019, the U.S. Coast Guard counted 4,168 recreational boating accidents in the U.S. that involved 613 deaths and 2,559 injuries. The fatality rate was 5.2 deaths per 100,000 registered recreational vessels. Detailed statistics are available at the U.S. Coast Guard website.
7. What are the Most Common Watercraft in Boating Accidents?
The top three types of watercraft involved in boating accidents in the U.S. according to 2019 statistics compiled by the U.S. Coast Guard, were open motorboats, personal watercraft, and cabin motorboats.
8. What are the Most Common Injuries Suffered in Boating Accidents?
The most common injuries suffered in boating accidents are:
- Traumatic brain injuries
- Spinal cord injuries
- Lacerations and amputations
- Broken bones
9. What Safety Measures Prevent Wrongful Death and Injuries Caused By a Boating Accident?
- Do not drink and boat – Boating while intoxicated is the leading cause of boating accidents in the U.S.
- Wear a lifejacket – All boat operators and passengers should wear a properly fitting USCG-approved lifejacket. The law requires that they are accessible for all passengers, and worn at all times by children.
- Know the rules – Boating operators should take a boating safety course before getting out on the water, and follow the rules at all times. Inexperienced and inattentive boat operators cause accidents.
- Stay within speed limits – Speeding is a primary contributing factor in boating accidents nationwide.
- Practice boat propeller safety – Boat propellers can cause catastrophic injuries. Operators and passengers should be safe, and a propeller guard should be used if appropriate for the vessel.
- Watch the weather – Always check the weather forecast before getting out on the water. Weather can be unpredictable in all seasons and can create a very dangerous situation for watercraft.
10. What are the Most Common Causes For Boating Accidents?
The top five primary contributing factors in boating accidents in the U.S. in 2019 according to the U.S. Coast Guard were:
- Operator inattention
- Improper lookout
- Operator inexperience
- Excessive speed
- Alcohol use
Much of this information is available at the U.S. Coast Guard website.
The Schrier Law Group handles many boating accident cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any boating injury case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
How a Wrongful Death Lawsuit Works
Schrier Law Group handles many cases, but one of the most difficult is the wrongful death suit. Wrongful death claims are brought against a defendant who has caused one’s death, either through negligence or as a result of intentional action. Wrongful death claims allow the estate and/or those close to a deceased to file a lawsuit against the party who is legally liable for the death.
When Does a Wrongful Death Claim Apply
A wrongful death claim can arise after situations in which a victim who would otherwise have a valid personal injury claimÂ is killed as a result of the defendant’s wrongful action.
This can occur in a variety of situations, including:
- When a victim is intentionally killed
- When a victim dies as a result of medical malpractice
- Car accident fatalities involving negligence
These are just a few examples of personal injury cases that can turn into wrongful death claims. A wrongful death claim can stem from almost any kind of personal injury situation.
What Must Be Proven
In order to hold a defendant liable in a wrongful death claim, the plaintiffs in the claim must meet the same burden of proof that the victim would have had to meet had the victim lived. So this means showing that the defendant owed the victim a duty of care, that the defendant breached this duty, that the breach of duty was a direct and proximate cause of the death, and that the death caused the damages that the plaintiff is trying to recover.
Who Can File a Wrongful Death Claim
A wrongful death claim is usually filed by a representative of the estate of the deceased victim, on behalf of survivors who had a relationship with the victim. Exactly who those survivors are can vary from state to state.
In all states, a spouse may bring a wrongful death action on behalf of his or her deceased spouse. Parents of minors may also bring a wrongful death action if one of their children is killed, and minors can collect compensation for the death of a parent.
Where states start to disagree is whether parents of adult children can sue, whether adult children can sue for the wrongful death of their parents, whether grown siblings can sue for wrongful death, or whether extended relatives like cousins, aunts, uncles, or grandparents can sue. Usually, the more distant the familial relationship is, the harder it will be to get a legal remedy via a wrongful death case.
Wrongful Death Damages
Damages in a wrongful death claim categories of losses for which a survivor might be able to receive compensation include:
- the deceased person’s pre-death “pain and suffering”
- the medical treatment costs that the deceased victim incurred as a result of the injury prior to death
- funeral and burial costs
- loss of the deceased person’s expected income
- loss of any inheritance as a result of the death
- value of the services that the deceased would have provided
- loss of care, guidance, and nurturing that the deceased would have provided
- loss of love and companionship, and
- loss of consortium
The Schrier Law Group handles many wrongful death cases, and Schrier Law has the resources necessary to help you and your family score a successful outcome in any wrongful death case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
How Schrier Law Group Assists Florida Families With Wrongful Death Claims
Schrier Law Group knows that no amount of money can erase, or even substantially ease, the pain of losing a loved one. Especially when it’s an accident that could have been prevented. Still, unpaid bills, along with an uncertain financial future, can increase the affected family’s difficulties tenfold.
wrongful death lawsuit can provide a family with much-needed funds at difficult times. Especially when it has so many other issues to be concerned about. These lawsuits may also help uncover the truth when it is unclear how a loved one died and may even prevent the guilty party from harming some other family in the future.
Understanding and compassionate wrongful death attorneys like Schrier Law Group in South Florida will guide your family through the entire process of filing a wrongful death claim in court to recover appropriate damages for a loved one’s catastrophic injuries and death. Although fighting in court may not be your primary concern at the time, it is imperative for your family to file a claim within Florida’s statute of limitations. This is only a portion of what we can do for families.
What is a Wrongful Death Claim?
Wrongful death occurs when a responsible person or business violates its duty of care to an individual, resulting in that person’s death. For example, drunk drivers violate their duty of care to their victims when they drive while impaired and cause an accident that kills someone an action for which they should be held accountable.
Many types of accidents can be the cause of a wrongful death lawsuit, including:
- Vehicle accidents, including impaired or distracted driving or manufacturing defects
- Public transit accidents
- Truck accidents
- Boating accidents
- Product liability
- Premise liability
- Medical malpractice
- Dangerous drugs
- Construction accidents
- Dog attacks
How is a Wrongful Death Lawsuit Filed in Florida?
A wrongful death claim is filed by the personal representative, (Schrier Law Group) administering the estate of a deceased loved one. The claim is generally based on an underlying personal injury claim (like listed above). Therefore, the family must prove all elements of an accident and the relationship between the accident and the fatality. The lawyer must present evidence related to the auto accident and demonstrate that the injuries resulted in the loved one’s death.
After recovering damages from the defendant, the estate distributes the compensation to the deceased’s beneficiaries. A wrongful death lawyer in Florida will assist the personal representative through the process of litigating the case and collecting on the judgment.
The aftermath of an accident is just as important as the accident itself. If you have been involved in an accident with a car, truck, or boat, and a loved one has died due to the accident, contact our wrongful death attorney in Florida as soon as possible for help with your claims.
The Schrier Law Group handles many wrongful death cases. Schrier Law has the resources necessary to help you and your family score a successful outcome in your wrongful death case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!
Schrier Law Group: Your Statewide Personal Injury, Wrongful Death & Insurance Litigation Law Firm
Schrier Law Group is a well-known and highly regarded Statewide Personal Injury, a Wrongful death & an Insurance Litigation law firm.
For over 40 years, we have aggressively and compassionately represented those who have been the unfortunate injured victims of negligence and wrongful death accidents or incidents. Unfortunately, too many avoidable accidents occur, especially in Florida.
When the careless actions of another result in someone getting hurt or even killed, the “negligent” party’s insurance company often hire good lawyers so that they can avoid paying the injured accident victim or the wrongfully killed victim’s family the appropriate amount of compensation.
What Our Clients Think
Clients often tell us that Schrier Law Group secured more money for them than they ever could have imagined. We take great pride in coming up with creative legal strategies to win our client’s cases, but we also enjoy answering our client’s questions and developing relationships that last a lifetime because they are based on the trust that we have earned along the way.
While we have been and continue to be hired to secure the most money for our clients, from just about every part of Florida, we take great pride in changing the negative perception, one client at a time.
Call Schrier Law Group Today!
Whether your case is against another driver or against one of the world’s largest corporations, clients hire Schrier Law Group in order to secure the most money for their case. Get the most money for your case and do not become an ignored victim. Schrier Law Group can be reached at (800) 700-7285. Call us for a free case evaluation. Justice for you and your family can start now.
Publix Supermarkets Slapped With Wrongful Death Suit After Florida Employee Dies of COVID-19
Schrier Law Group, as well as all of America, is paying attention to the lawsuits that are popping up due to COVID-19. One of the lawsuits getting the most reporting is about an employee at a Publix supermarket in Miami-Dade county Florida, that was allegedly prohibited from wearing a mask at work. Now his family is suing Publix over his death.
The coronavirus had already made its way to the US by the time Gerardo Gutierrez, 70, asked his employer if he could be permitted to wear a face mask while he worked. Despite the fact that his deli counter co-worker was showing signs of the illness as they worked together on March 27th and 28th, Publix told him that masks were not allowed because they may “scare” customers, the family’s lawyer has claimed.
About a month later, Gutierrez died alone in a hospital from complications related to COVID-19. His family was forced to say their goodbyes over a video call.
“A Devastating Loss”
The co-worker has recovered, and Publix later reversed course on their maskless rule on April 20th, according to Publix’s website. However, aÂ Tampa Bay Times report on April 30th showed the supermarket chain had yet to consistently adopt a mask policy, lagging behind their competitors at the time.
So the family filed a suit alleging the Florida-based company had acted with negligence. Lawyers for the Gutierrez family say Publix should be held accountable. They’re asking for more than $30,000 in damages. The lawsuit also cites multiple complaints submitted to the Occupational Safety and Health Administration over the grocer prohibiting masks and gloves earlier this year.
Gutierrez’s daughter Ariane, 43, called the passing a “devastating loss”.
Publix could not be reached for comment by multiple news outlets.
What are the Details?
Gutierrez arrived at work on March 27th and 28th to find his co-worker exhibiting symptoms of the COVID-19 illness. The company lifted their ban on some types of face coverings by April 30th, after refusing to allow Gutierrez the same, because deli workers were reportedly still prohibited from wearing them, according to the Tampa Bay Times.
On April 2nd, Gutierrez was sent home to isolate following the co-worker’s positive test results confirming they’d been infected with the coronavirus.
By April 6th, Gutierrez had a cough and fever. At the same time, Publix finally announced that all employees could wear surgical or reusable cloth masks.
It was too late for Gutierrez, who wound up passing away on April 28th.
The news isn’t good for other “essential businesses”. Walmart as well as Tyson Foods face lawsuits by employees over coronavirus deaths. Anticipating more, federal and Florida lawmakers have debated legislation to prevent workers from suing their employers if they contract COVID-19 on the job.
Something is going to happen one way or another because as long as Covid-19 sticks around, these lawsuits are going to follow.
The Schrier Law Group handles many wrongful death cases. Schrier Law has the resources necessary to help you and your family score a successful outcome in your case. It is important that you have your rights defended by someone who knows the law. Contact the Schrier Law Group for a personal injury attorney in Florida today!