Florida Injury Attorney BlawgDuty and proximate cause are essential elements of every Florida personal injury and wrongful death negligence case. DUTY: “Where a defendant’s conduct creates a foreseeable zone of risk, the law generally will recognize a duty placed upon defendant either to lessen the risk or see that sufficient precautions are taken to protect others from the harm that […]
Search Results for: wrongful death
Jeffrey P. Gale, P.A. // Personal Injury/Wrongful Death Damages Can Include Those Caused by an Aggravating Intervening Cause
We are representing the surviving spouse of an elderly gentleman who fell and broke his hip due to the negligence of a condominium association. While hospitalized for the serious injury, he contracted Covid 19 and died. Our claim against the condo association is for his wrongful death rather just for the broken hip. We are […]
Jeffrey P. Gale, P.A. // Florida’s Nursing Home Statute Provides Remedy to Some Barred by Florida’s Wrongful Death Act
I have railed at length in this blog against a Florida law that allows medical providers alone to avoid the same legal liability everyone else faces for causing the negligent loss of life. The offensive statute is section 768.21(8), Florida Statutes, which is part of Florida’s Wrongful Death Act. Section 768.21, entitled “Damages,” describes who […]
Jeffrey P. Gale, P.A. // Important Application of “Survivors” Under Florida’s Wrongful Death Act
Under Florida law, only individuals meeting the definition of “Survivors” under Florida’s Wrongful Death Act may be compensated for losses resulting from the death of another person. (See this blog, Florida Wrongful Death Survivors Chart, for a handy reference to benefits available under the Act.) Under section 768.18(1) of the Act, survivors are defined as: the decedent’s spouse, children, parents, and, when partly […]
Jeffrey P. Gale, P.A. // Settling Wrongful Death & Minor’s Personal Injury Case Without Prior Court Approval
Various Florida statutes require court approval of wrongful death settlements and settlements involving minors (if the amounts received in the aggregate exceed $15,000; See Section 744.301(2), Florida Statutes (2017)). Does this mean that settlements in these situations cannot be negotiated to resolution by the parties without first obtaining court approval? The answer is that the parties can come […]
Jeffrey P. Gale, P.A. // Applying Florida Insurance Policy Per Person/Per Occurrence Coverage Limits in Wrongful Death Cases
Liability insurance policies issued in Florida that provide coverage for personal injuries contain a per person/per occurrence provision. The provision declares the limits of coverage available under the policy. The Florida Wrongful Death Act outlines who may be compensated for the wrongful death of a person caused by the intentional act or negligence of a third party. The Act refers […]
Jeffrey P. Gale, P.A. // Florida Wrongful Death Cases – Do Not Ignore Medical Expenses
We have blogged at length regarding the decision-making role of estate Personal Representatives with regard to the allocation of monetary proceeds recovered from at-fault parties and under/uninsured motorist insurance. Where the amount recovered is less than the full measure of damages, disputes often arise between creditors and the decedent’s survivors over the PR’s allocation decisions. When those disputes cannot be resolved by […]
Jeffrey P. Gale, P.A. // Apportioning Settlement Proceeds in Florida Wrongful Death Cases
Not infrequently, the amount of money available following a wrongful death accident to fully satisfy outstanding debts (e.g., medical bills, funeral expenses, credit cards) and compensate survivors for their loss is inadequate. Where the settlement [in the wrongful death claim] is less than the full value of the claim, the personal representative is charged with employing a reasonable and equitable method of apportioning the […]
Florida’s Adult Protective Services Act (Elder Abuse Statute) a Narrow Path Around Medical Malpractice Wrongful Death Exemption
“Rabbit from a hat.” That’s the description I have given to a case we recently handled with Domnick & Shevin PL. I have blogged extensively about the indecent and dangerous immunity afforded medical providers under Florida’s wrongful death statute. (Gigantic Loophole in Florida’s Wrongful Death Act; Florida Wrongful Death Survivors Chart — Back by Popular […]
Gigantic Loophole in Florida’s Wrongful Death Act
In McCall v. United States of America, the Florida Supreme Court declared that the statutory cap on noneconomic damages in medical malpractice cases was unconstitutional. (In reaching this conclusion, the court determined that the numbers Governor Jeb Bush and his cronies presented to the Florida Legislature to demonstrate a medical malpractice crisis were cooked. In […]