North Florida Injury Lawyer Blog

In Jacksonville, Florida, automobile accidents are recently reported and seen throughout the community. Jacksonville is known as the largest city in the United States from a land mass standpoint. There are highways, expressways, bridges, and other roads that are loaded with traffic. Because of the size and type of roadways throughout the community, automobile and trucking accidents are recently reports. Many of which result in serious personal injuries and some even result in the death of drivers, passengers, pedestrians, motorcyclists, bicyclists, and others. A serious automobile accident was recently reported by the Jacksonville Time Union on Mayport Road. It was reported that a woman suffered serious personal injuries that resulted when the truck (Ford Ranger) that she was occupying hit a light pole at Mayport Road and the Wonderwood Expressway. The injuries were reported as light threatening. Due to the circumstances of the accident and the severity of the injuries, the Jacksonville Sheriff's Office (JSO) will conduct an investigation to determine the cause and preventability of this automobile accident.

When a person suffers injuries as a result of a Florida automobile accident, there are often many issues and challenges faced by the injury victim. Where should I go for medical treatment? Who is responsible for my medical bills? What automobile insurance coverage is available for my injuries and medical bills? Do I have a legal case to pursue for my personal injuries? These are all excellent questions. Unfortunately, many automobile accidents in Jacksonville, Florida result in life changing injuries. When a person is injured as a result of the negligence or fault of another person, there may be legal remedies and compensation available to the automobile accident victim. Often times, it is helpful to consult with and hire a Florida personal injury attorney to get legal advice regarding liability, automobile insurance, rights of reimbursement, rights to compensation, medical bills, medical treatment and other matters. Wood, Atter & Wolf provides its injury clients and potential clients with a Free Consultation on all injury matters. If the case is accepted by the Jacksonville Florida law firm, then the case is handled on a contingency attorney fee basis (i.e. No Recovery - No Fees). It does not costs any money up front to hire the services of an experienced attorney to assist you or a family member with the Florida personal injury case or claim. At Wood, Atter & Wolf, we have been On Your Side - At Your Side for injury clients since 1957.

In Florida, children rely on parents for comfort, support, and guidance from birth through childhood and well into adulthood. Many children form a bond with a parent that goes well beyond the child's 18th birthday which is the typical age of majority or adulthood in the State of Florida. The Florida Wrongful Death Act defines a minor child as a child under the age of 25.

The investigation and pursuit of a Florida Wrongful Death case can be complicated. A Florida Personal Injury Lawyer can help the family get through the challenges of a Florida Wrongful Death Case. There are typically a myriad of issues to deal with when handling a Wrongful Death Case including estate matters, probate matters, insurance matters, accident investigation, medical investigation and other issues.

When a person dies as a result of the fault of negligence of another person, business entity, or government agency, the statutorily defined "survivors" of the decedent have a right to recover certain damages for their losses associated with the death of their family member. Generally, a minor child has a right to recovery for the death of a parent. Under Florida's Wrongful Death Act pursuant to Section 768.18, Florida Statutes - Definitions, a minor child is defined as a child of the decedent under the age of 25 years old. Even though the age to vote is 18 years old and the age to drink alcohol is 21 years old, the age for "majority" for a wrongful death case is 25 years old.

When there is a death in the State of Florida, it is important to know the cause and preventability of the death. Was the death the fault of another person, business, or government entity? Could the death have been prevented? If the death resulted from the negligence or fault of another person, business, or government entity, the family of the decedent can pursue a Florida Wrongful Death case. As part of the pre-suit investigation, it is important to identify the surviving family members and make a determination as to which family members qualify as statutory survivors under the Section 768.18, Florida Statutes.

What is the purpose of the Florida Wrongful Death Act? Pursuant to Section 768.17, Florida Statutes - Legislative Intent, the purpose of the Florida Wrongful Death Act is the shift the losses resulting when a wrongful death occurs from the survivors of the family member of the decedent to the wrongdoer. What does the shifting of the loss mean? It means that the surviving family members can pursue a cause of action or a lawsuit against the wrongdoer - the person or entity that caused or significantly contributed to the wrongful death.

Many people do not realize that the damages involved in a wrongful death case typically involve the financial and emotional losses of the surviving family members rather than the losses sustained by the decedent himself / herself. Due to the complexities of Florida's Wrongful Death Act and related cases, it is advisable to retain the services of a Florida Personal Injury Attorney or a Florida Wrongful Death Lawyer to represent the surviving family members to pursue the case.

As written in Wagner v. Kennedy Law Group, 64 So.3d 1187 (Fla. 2011), the Supreme Court of Florida noted that the Florida Wrongful Death Act "provides that it is the public policy of the State of Florida to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer." In other words, the purpose of the Florida Wrongful Death Act is an attempt to substitute the financial resources of the wrongdoer for the financial resources of the decedent had the decedent survived or lived. As noted in the Wagner Case, the purpose of the Florida Wrongful Death Act was also to eliminate the multitude of lawsuits that could have been brought by each survivor if the Act was not put in place. While each family member cannot bring forth the lawsuit, each surviving family member can still have legal representation on the case.

What is Florida's Wrongful Death Act? How Does It Work? These are two excellent questions. In Florida, wrongful death cases are governed by Chapter 768, Florida Statutes and related case law. Chapter 768 sets forth in detail who can bring forth a legal action for the wrongful death of a family member, and what damages can be pursued, what persons qualify as beneficiaries or survivors in a wrongful death case.

Interpreting and understanding the details and nuances of Chapter 768, Florida Statutes and other laws pertaining to a Florida Wrongful Death Case can be very complex and difficult. Because of this, it is important for surviving family members to consult with a Florida Wrongful Death Attorney for consultation, advice, and legal representation regarding these matters. Businesses and insurance companies have their own attorneys and so should a family member dealing with the stressful aftermath of the wrongful death of a loved one.

Florida laws pertaining to wrongful death are not necessarily fair or rational. Some of the provisions of Florida's Wrongful Death Act have been challenged on constitutional grounds but most have failed. The statutory scheme set forth by the Florida legislature is the law of Florida and must be followed in order to be able to pursue a claim for compensation and damages when a loved one dies due to the fault or negligenct of a person, business, or government.

The standard of proof in a Florida Wrongful Death case is similar to that of other civil cases. The Plaintiff must prove the facts supporting the elements of the wrongful death case by a preponderance of the evidence. This is the more likely than not standard of proof which is different that the proof required in a criminal case. The standard in criminal cases that a prosecutor must satisfy is beyond a reasonable doubt. While the standard of proof is not as strict in a civil case, it can often times be challenging to prove that negligence was the cause of death in a civil case. In most cases, there will be expert testimony from medical experts to support the proposition that the death was most likely caused by the negligent act or conduct of others.

How long will it take to settle my personal injury case followed an automobile accident? The answer to this question like many legal questions is "it depends". Some automobile accident claims are settled soon after the accident when the injuries are very clear and the insurance limits are low. In most instances, it will take some time for the doctors to properly evaluate, diagnose, and treat the injury victim for a automobile accident related injury. It is not uncommon to have a patient or client treat for three months to six months following an automobile accident. In some cases, the treatment is even longer when the injury victim has ongoing symptoms including pain, discomfort, and loss of range of motion. Treatment can also be extended when a person requires a evaluation and care from a specialist like a neurologist, orthopedic surgeon, pain management doctor, and neurosurgeon. It is important for a person to have medical treatment and order address the injuries and complications brought on by an automobile accident. In most personal injury cases, the Florida personal injury attorney will wait until a person reaches and MMI which refers to at Maximum Medical Improvement. It is at this point in time that the doctors are able to summarize the care and treatment and also issue a final report as to permanent impairment when applicable. Generally speaking, it will take 3 to 6 months for most simple cases. It will take six months to a year I cases involving more extended medical care and treatment. And it will take one year to two years or longer if litigation is required in order to pursue or collect damages for compensation for accident related. Along the way, it is important for a person to have the advice consultation a representation of a Florida personal injury attorney to guide the person through the claims process and, when necessary the litigation process.

In Florida, a wrongful death can and does have a life long impact on the surviving spouse and children. Cases involving the wrongful death of a spouse in Florida are controlled by Chapter 768 - Florida Statutes. Damages and compensation are particularly governed by Section 768.20, Florida Statutes. The amount of damages awarded depend on a number of factors including the length of the marriage, quality of the marriage, and dependence emotionally and financially on the person who was the victim of the Florida Wrongful Death. A Florida Personal Injury Attorney can help the surviving spouse through the complex legal issues involved in a Florida Wrongful Death case.

Pursuant to Section 768.21, Florida Statutes, a surviving spouse, in addition to the value of lost support and services, is entitled to recover the loss of decedent's companionship and protection and for mental pai and suffering. Damages can be awarded to a surviving spouse for past and future losses including those relating to companionship, society, comfort, solace, love, sex, and help in performing tasks around the household. In proving these damages, evidence can be presented to show how extraordinarily close, affectionate, and dependent the marriage was. These are all relevant points to the marriage. See Ward v. Orange Memorial Hospital, 193 So.2d 492 (Fla. 4th D.C.A. 1966).

In Davis v. Brown - 774 So.2d 775 (Fla. 4th D.C.A. 2000), a jury awarded over $7,000,000 for the wrongful death of Kevin Brown who was married to Pamela Brown. The Browns were married for over 30 years. Pamela Brown was particularly close to her husband. The evidence presented at trial included the following facts:

1. Pamela Brown's father abandoned the family during her childhood;
2. Pamela Brown had previously lost a sibling;
3. Pamela Brown's stepfather had made sexual advances to her; and
4. Pamela Brown was 17 years old when she met her future husband.

The Defendant appealed the verdict based on the argument that prejudicial facts were presented at the trial that were improper and resulted in an excessive verdict. The Fourth Court of Appeal determined that the evidence was proper as it provided reasonable background information regarding the surviving spouse and her dependence and relationship with the decedent.

In Florida, there are specific laws, statutes, and cases in place that govern the pursuit of a Florida Wrongful Death case. Many people believe that the purpose of a wrongful death case is to pursue the loss or value of the life of the family member.

Florida Wrongful Death cases are governed by Chapter 768, Florida Statutes and related case law. When pursuing a case for wrongful death, it is important the the relevant statutes are followed and that the case is pursued according to the specific Florida laws on point. There are many twists and turns to a Florida Wrongful Death case. Because of this, surviving family members should consult with and retain a Florida Personal Injury Lawyer to advise them on their respective rights and the Florida laws on point.

Florida law is clear in that the purpose of a wrongful death case is not to compensate for the loss of a life or the "value of human life". These kind of arguments have been deemed to be improper by the appellate courts. In Public Health Trust of Dade County v. Geter, 613 So.2d 126 (Fla. 3rd D.C.A. 1993), the Third District Court of Appeal noted that the "value of human life" argument was found to be improper.

In a Florida Wrongful Death Act case, it is not the value of human life but the losses to the surviving family members that count or have relevance for purpose of awarding monetary damages. In Wilbur v. Hightower, 778 So.2d 381 (Fla. 4th D.C.A. 2001), the Fourth District Court of Appeal noted that the record in the case showed how devastating the loss of the decedent was to the surviving wife. The evidence showed that the wife and the decedent were married for 41 years and there was substantial evidence of the emotional loss and grief of the surviving spouse.

In Florida, the surviving spouse is entitled to compensation for economic losses and non-economic losses when his or her spouse in a Florida Wrongful Death action. A Florida Wrongful Death attorney can help a surviving spouse and other family members with the complex legal issues that are often times involved in such an action, claim, and / or lawsuit.

As noted in Adkins v. Seaboard, 351 So.2d 1088 (Fla. 2nd D.C.A. 1977). The wrongful death statutes allow for the recovery of economic losses which include loss of support and services. The statute also allows for the recovery of sentimental losses which include loss of decedent's companionship for the surviving spouse's mental pain and suffering. If there were problems during the marriage that were leading to a divorce or marital discord, a jury can consider such evidence in determining the award of compensation for the losses of the surviving spouse. As stated by the Court in the Adkins case, the evidence of domestic discord involving the decedent is probative of the extent of the survivor's mental pain and suffering and their loss of the decedent's companionship and protection. See also Collins v. Florida Towing, 262 So.2d 459 (Fla. 1st D.C.A. 1972).

If the wrongful death did not occur, a jury could consider if the marriage would have lasted and the amount of support / services that the other spouse would have in all likelihood would have provided to the surviving spouse. Just because a marriage had flaws and there was even a discussion or mention of divorce, this should not deter the surviving spouse and / or family members from investigating or pursuing a Florida Wrongful Death case when a family member dies as a result of the fault or negligence of another person, business, or government entity.

Certainly, very few marriages are perfect and during marriages (especially long ones) there will be ups and downs associated with the marriage and relationship. Because a normal or typical marriage has its up and downs, the Florida Wrongful Death act does not require that the quality of the marriage be "perfect" or free from any flaws or stresses.

The wrongful death of a spouse is a very stressful event that causes economic and emotional losses of the surviving spouse. The Florida Wrongful Death act provides a cause of action for surviving spouses and children to pursue for the untimely death of a loved one.

In Florida, the death of a parent can and does have a lifelong effect on the surviving children of the parent. It is most unfortunate and tragic when a person loses his or her life due to the neglience or fault of another person, business, and / or government entity. Florida law recognizes the rights of children born during the marriage of the right to recover damages and compensation for the loss / death of a parent. Furthermore, Florida law recognizes the right of a child born out of wedlock to the compensation / damages as well.

There are a number of complexities to Florida's Wrongful Death act and related statutes / case law. It is often times helpful to have representation by a Florida Child Injury Lawyer when there is a wrongful death of a parent. A child has rights that should be enforced so that the child is duly compensated for his or her damages and losses.

In Greenfield v. Daniels, 51 So.3d 421 (Fla. 2010), the Supreme Court of Florida ruled that the dismissal of a child's claim was improper because the Florida Statutes did not require a legal determination of paternity to qualify a child of the decedent to pursue a claim under Florida's Wrongful Death act. As noted by the Supreme Court of Florida, the child could pursue a claim for the death of a parent if it is proved that the decedent recognized a responsibility to support the child.

The Greenfield case supports the position a child should have a right of recover whether the child was born during the marriage, was born out of wedlock, was deemed a child pursuant to a paternity case, or deemed a child by acknowledgement of the parent.

The Florida Wrongful Death Act is set forth in Chapter 768, Florida Statutes. There are many moving parts and complexities to a Florida Wrongful Death case. A Florida personal injury attorney can help a family understand the respective laws and cases. Furthermore, a personal injury lawyer can represent the family in a case for damages sustained or caused by the wrongful death of the decedent. Pursuant to Section 768.21, Florida Statutes, a family member may be compensated for damages in the form of loss of support and services along with pain and suffering. A parent can pursue a case for the loss of a child. A child can pursue a case for the loss of a parent. A spouse can pursue damages for the loss or death of a spouse. In some cases depending on the age of the decedent, parents and children of the decedent can qualify as statutory survivors of the decedent for purposes of Florida's Wrongful Death Act. A frequently asked question is the following: how are damages calculated for purposes of Florida's Wrongful Death Act? This is an excellent question and is quite broad. I will answer the question with a case example and analysis. In Bellsouth Telecommunications v. Meeks, 863 So.2d 287 (Fla. - 2003). The Supreme Court of Florida answered the question as to how pain and suffering type of damages and related noneconomic damages should be calculated when there is a wrongful death case. The court noted that in computing the duration of future losses, the joint life expectancies of the survivor and the decedent may be considered.

An example will help further explain the above case and Florida Statute. Let's say a person dies at the age of 46 years old. The decedent is survived by a child who is 9 years old. The surviving child qualifies as a statutory survivor under the Florida Wrongful Death Act. If the decedent had a 30 year life expectancy and the child had a 65 year life expectancy, damages would be calculated at the lesser of the two. For instance, both the decedent (if the accident or incident did not occur) and the child would have lived an estimated 30 years in to the future. If a jury decided to award the child $40,000 per year for mental pain and suffering for death of a parent, then the total award for pain and suffering could be $1,200,000. Of course, this is just an example and the jury could determine damages above or below this amount or by a different calculation. While the mode of calculation can differ, the jury would be instructed to consider and the joint life expectancy of the decedent and the survivor.

As noted by the Supreme Court in Bellsouth Communications v. Meeks, a survivor's recovery should be measured by the joint life expectancy of the statutory survivor and the decedent.

In Polk County, Florida, a tragic bicycle accident was reported. Daniel Paul Smith was riding a bicycle on the shoulder of the road on U.S. Highway 27 when he was hit by a Semi Tractor Trailer. Deputies from the Polk County Sheriff's Office responded to the scene of the accident and will conduct a death investigation as to this matter. The bicyclist was ultimately pronounced dead after transport to Lakeland Regional Medical Center. For more details as to this incident, see Fatal Bicycle / Trucking Accident Reported in Polk County, Florida.

Florida has laws and regulations in place for the operation of vehicles and bicycles. See Florida Traffic Laws, Rules, and Regulations - Frequently Asked Questions.

In Zephyrhills, Florida, a tragic incident was recently reported. Dr. T. Elaine McLaughlin died in a skydiving accident on the first day of this year - New Year's Day. While the cause of death seemed rather apparent, there was an autopsy performed which confirmed that Dr. McLaughlin died as a result of the trauma by the impact of the skydiving incident. For more information regarding this story - See Skydiving Death of Doctor Reported in Florida.

A death or serious injury resulting from skydiving do happen from time to time. Some incidents are unforeseeable and happen due to factors beyond the control of the victim or others. While other skydiving incidents and tragedies could have been prevented with better safety precautions and planning. The death of Dr. McLaughlin was unexpected and quite a tragic loss for the family, friends, and the community.