Florida Injury Attorney BlawgUnderstanding who may be eligible for compensation under the “Florida Wrongful Death Act,” sections 768.16 through 768.26, can be difficult, like piecing together a puzzle. Reproduced here is an easy to understand chart showing that information as well as the type of compensation that may be available. Of particular importance concerning these issues is Section […]
Search Results for: Florida's Wrongful Death Act
Significant Factors in Establishing the Value of Florida Personal Injury Cases — No Two Cases are Alike
Experienced personal injury attorneys consider many factors in judging how to manage their cases. While common elements are present from case to case, no two cases are ever completely alike. Both subjective and objective considerations must be taken into account to reach decisions most beneficial to client and attorney alike. The decisions are always consequential. […]
Key Elements in Florida Wrongful Death Legal Actions
Any cause of action, or lawsuit, arising in Florida from the death of an individual caused by the wrongful act or negligence of any person or entity is controlled by the “Florida Wrongful Death Act” (Sections 768.16-768.26). This blog describes some key wrongful death claim considerations. Statute of Limitations: Florida Statute Section 95.11(4)(d) instructs that […]
Role of Personal Representatives (PR) in Florida Wrongful Death Cases
When a person dies from an accident in Florida, who, if anyone, can be compensated for the loss is prescribed by statute in Florida’s Wrongful Death Act, Sections 768.16-768.26. The Act refers to those who are eligible as “survivors.” The survivors list can be inequitable. For example, under some circumstances parents and children are barred […]
Florida’s Statute of Repose Sometimes Bars Products Liability Claim Where Statute of Limitation Does Not
A statute of limitation is an enactment in a common law legal system which sets forth the maximum time after an event that legal proceedings based on that event may be initiated. Most people are familiar with the concept. Less known, but equally potent as a time bar to bringing claims, is the statute of […]
Apportionment Disputes Involving Florida Wrongful Death Settlements Require Hearing
Claims under Florida law for wrongful death are brought by the decedent’s personal representative for the benefit of the decedent’s survivors and estate. Florida Statute 768.20. A PR has the statutory authority to enter into wrongful death settlements. However, if the survivors dispute the settlement amount or apportionment, due process dictates that they be given […]
Alternative Theories of Recovery Under Florida Law for Wrongful Death Caused by Medical Malpractice
Florida Statute 768.21(8) bars adult children (25 and above) from recovering for lost parental companionship, instruction, and guidance and for mental pain and suffering resulting from the death of a parent through medical malpractice. See Florida Statute 768.18(2) for the definition of minor children. The preclusion is an exception to the rights of survivors as […]
Role of Personal Representative in Florida Wrongful Death Cases
In Florida, civil (in contrast to criminal) claims for wrongful death are made under the provisions of the Wrongful Death Act, laid out in Sections 768.16-768.26 of Florida’s statutes. The Act prescribes the types of damages available for wrongful death and the circumstances by which they may be recovered. Only survivors and the decedent’s estate […]
Vehicle Ownership and Florida’s Dangerous Instrumentality Doctrine
Florida adheres to the dangerous instrumentality doctrine. The doctrine stands for the proposition that since motor vehicles are dangerous instrumentalities, their owners should be held liable for the negligent operation of the vehicles by persons to whom they have been entrusted. The doctrine has been a part of Florida law since 1920. Southern Cotton Oil […]
Arbitration Clauses Enforceable in Florida Nursing Home Personal Injury and Wrongful Death Cases
Much was published in 2011 by The Miami Herald in its multi-part exposé, Neglected to Death – see this blog, Nursing Home/Assisted-Living Facility Negligence – Shame on Governor Scott and Florida Legislature, for links to some of the articles – with regard to the horrible conditions existing in many of Florida’s nursing homes. One of […]