Wrongful Death

Published on: October 28, 2014

Deadly Miami Boating Accident, Alcohol Suspected in Crash

While October isn’t the busiest boating season, warm fall weather means that plenty of boaters, both experienced and inexperienced, will be taking to Florida waters. In a tragic accident, a 29-year-old woman was killed when two boats were involved in a deadly collision. According to the Florida Fish and Wildlife Conservation Commission, the accident involved a 65-foot yacht and a 27-foot boat. Three people fell into the water following the collision and were brought aboard the yacht. All three victims were taken to Mercy Hospital for medical care. In critical condition, the 29-year-old victim was rushed to Jackson Memorial Hospital where she was later pronounced dead.

The deadly boating accident, which occurred near Key Biscayne, has sparked a wide investigation and controversy as operators of both boats await toxicology reports. According to the Florida Fish and Wildlife Conservation Commission, the 27-foot boat was headed south when it collided with the yacht, traveling in a northern direction after 10 o’clock in the evening. The crash occurred on Columbus Day weekend when there were additional officers patrolling the area. They were able to respond quickly when they saw flares shot into the air.

The agency has not determined cause of the accident, but did perform immediate sobriety tests on the operator of the larger boat. He performed a breathalyzer test and also had his blood drawn, but toxicology reports can take weeks. The officers were also investigating whether speed or reckless driving was a cause of the accident. Any accident involving a fatality should be investigated by authorities as well as an independent investigator. In this case, the cause of the accident may include speeding or reckless boating, drinking and boating, driving without a license, violation of Florida boating laws, manufacturing defects, and other causes.

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Published on: August 30, 2014

Tobacco Wrongful Death Verdict Largest in Florida History

By Dean Freeman

Wrongful death lawsuits may range from a single death in a car accident to complex class-action claims involving multiple defendants. A decision handed down this month has been deemed the “largest wrongful death judgment in Florida history,” to a single plaintiff. According to local reports, a Pensacola woman sued RJ Reynolds in 2008 over the death of her husband. The lawsuit alleged that the company knowingly conspired to hide the health dangers and addictive nature of its tobacco products. The victim was only 36 years old when he died of lung cancer.

Tobacco litigation has been on the rise since the 1980s, when victims and their loved ones learned the very dangerous effects of smoking. Despite the history of litigation and anti-smoking campaigns, recent lawsuits have shed light on the reality that tobacco companies have still gone to great lengths to hide the dangers of these products from consumers. Our Fort Lauderdale wrongful death attorneys are dedicated to uncovering the truth about dangerous products and manufacturers. We are also experienced in complex litigation and can successfully protect the rights of individuals who have lost a loved one as a result of negligent corporations.
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Published on: August 7, 2014

Force v. Am. Family Mut. Ins. – Sorting Which Survivors Are Entitled to Wrongful Death Damages

By Dean Freeman

After the devastating loss of a loved one due to negligence, survivors may conclude a lawsuit seeking damages for wrongful death is in order. One of the first questions that must be answered is who will bring the action.

Florida, like many other states, has a wrongful death statute with intricate provisions, filled with exclusions and exceptions regarding who can pursue a claim. It tends to be a more complicated matter than one might initially assume.

Before we explore the specifics of Florida law, our Coral Springs wrongful death attorneys wanted to mention the recent decision by the Wisconsin Supreme Court in Force v. Am. Family Mut. Ins. Co.. Like Florida, there are laws specifying who may file a claim. Yet, the state supreme court made an exception contrary to the wording of the statute, finding that to decide otherwise would be a breach of the legislative intent.
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