Category Archives: Wrongful Death
Is A Cruise Ship Legally Responsible When A Passenger Dies Of COVID-19?
COVID-19 has caused millions of deaths worldwide. More than two years into the pandemic, we have started to see the first round of lawsuits alleging negligence played a role in some of these deaths. In particular, there have been a number of wrongful death cases filed against cruise ship operators over passengers who allegedly… Read More »
U.S. Department Of Transportation Figures Show 12 Percent Rise In Auto Accident Fatalities In 2021
While plane crashes tend to draw a great deal of media and public attention, air travel has long been among the safest modes of transportation. Fatal airplane accidents are actually quite rare, statistically speaking. Indeed, you are far more likely to die in an accident involving a car or truck than in any either… Read More »
Florida Highway Patrol Reaches $500,000 Settlement With Family Of Woman Killed By Police Officer
All drivers have a responsibility to operate their vehicles in a reasonably safe manner. This includes police officers and others who operate vehicles as part of their public safety duties. Indeed, one cannot protect public safety while simultaneously putting the lives of people in danger via reckless and unsafe driving. Officer Drove Off Road,… Read More »
Are Police Officers Legally Responsible For A Detainee’s Suicide?
Wrongful death claims arise when a person dies due to the negligence of another party. Private persons and corporations may be sued for wrongful death. But when the death was the result of action–or inaction–by government officials, particularly law enforcement, the rules are somewhat more complicated. Federal and state law confer what is known… Read More »
When Is The Government Liable For An Auto Accident?
A key element of any successful personal injury case is establishing the defendant’s “duty of care” towards the plaintiff. A duty of care is some legal obligation imposed on the individual. In the context of an auto accident, for example, every driver on the road has a duty of care to follow the traffic… Read More »
Father Sues Florida Private School After Son Dies In Drowning Accident On Graduation Day
Parents trust their children’s schools to keep them safe from foreseeable harms. So when that trust proves to be misplaced and the child suffers serious injuries–or is even killed–as the result of the negligence of school officials, parents will understandably demand justice. And that often means taking legal action against the school. A recent… Read More »
Comparative Negligence And Florida Wrongful Death Lawsuits
A car accident may be the result of negligence on the part of one or more drivers. Let’s say two cars collide at an intersection. One car ran a red light, but the other was speeding. In that scenario, both drivers were at-fault in contributing to the accident. To account for these situations, Florida… Read More »
Who Is A “Necessary Party” To A Florida Wrongful Death Claim?
When a person is killed in an accident, any potential personal injury claim they might have dies with them. Instead, Florida law authorizes a separate cause of action known as a wrongful death claim. The personal representative of the victim’s estate has the exclusive right to bring such a claim. Although the victim’s survivors,… Read More »
Can I Bring A Wrongful Death Lawsuit Even If I’m Not The Executor Of The Victim’s Estate?
In terms of personal injury law, a “wrongful death” is one caused by the negligent or reckless act of another. Florida law recognizes a special cause of action for wrongful death. Specifically, the personal representative appointed to oversee the victim’s estate is entitled to bring a wrongful death lawsuit against any responsible parties. If… Read More »
Federal Court Dismisses Pulse Massacre Victims’ Lawsuit Against Social Media Giants
On June 12, 2016, a man walked into Pulse, a gay nightclub in Orlando, and opened fire with an automatic rifle and a semi-automatic pistol. The killer managed to take 49 lives while injuring 53 others who survived. When confronted by police, the killer claimed he was an “Islamic soldier” loyal to the Islamic… Read More »
