Miami Wrongful Death Lawyer | Alan Goldfarb, P.A. https://www.goldfarbpa.com Tue, 09 Oct 2018 14:11:26 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 Doctor Dre And Ice Cube Cleared Of Wrongdoing In Suge Knight Murder https://www.goldfarbpa.com/doctor-dre-and-ice-cube-cleared-of-wrongdoing-in-suge-knight-murder/ Tue, 09 Oct 2018 14:11:26 +0000 https://www.goldfarbpa.com/?p=3953 Read More »]]> The family of Terry Carter, a California businessman who was struck and killed by Suge Knight’s vehicle after an altercation broke out between Knight and onboard security for the 2015 documentary on NWA, has lost their ability to revive a wrongful death lawsuit. The documentary, called Straight outta Compton, detailed the supergroup’s arrival on the rap scene and its explosion into the mainstream.

Suge Knight has had an interesting, if disturbing, career. He was recruited to play defensive end for the Rams during the strike season but only played two games failing to record any meaningful statistic. He then went on to become a successful record producer co-founding Death Row Records that produced acts such as, The D.O.C., Doctor Dre, Tupac, Snoop Dogg, and others.

During that period, Knight did not make many friends and after the Tupac and the Notorious B.I.G. murders, Knight was accused by former associates of one or both murders. Knight’s legal troubles got worse and ended up bankrupting Death Row records.

Wrongful Death Lawsuit against Doctor Dre and Ice Cube

The wrongful death lawsuit in question arose out of the period in which Straight outta Compton was shot. Knight apparently appeared on set without an invite and was directed to leave the set by Cle “Bone” Sloan. After an altercation with Sloan, Knight left the scene of the set apparently without incident. Afterward, a meeting was arranged between Knight, Terry Carter, and Sloan. Carter was supposed to act as mediator in order to settle bad blood between the two. Tensions escalated and Knight slammed his gas pedal, hitting and killing Carter with his vehicle.

Carter’s family blamed Doctor Dre and Ice Cube for Carter’s death, claiming that they were negligent. The complaint needed to be amended while Carter’s family and their lawyers struggled to produce a reason why the two were liable for Carter’s death. Eventually, they settled on the theory that the head of security on the film set, Cle “Bone” Sloan was a “known gangster” who had serious beef with Suge Knight. They argued that the two were negligent because they put Carter in a situation that had the potential to turn violent. In other words, they argued that they should have known something violent would happen.

Foreseeability and Negligence

The two could have perhaps been held liable if they knew or should have known that the incident would turn deadly. But even in that situation, they could not have foreseen that Carter would be the victim of Knight’s actions. Ultimately, it was Knight who struck Carter with his car and that resulted in his death. Ultimately, Knight is responsible for the death of Terry Carter.

The court ruled in favor of Doctor Dre and Ice Cube absolving them of wrongdoing for the wrongful death claim citing the fact that the initial altercation between Knight and Sloan was not violent. So there was no reason to believe that Carter was in any danger.

Contact a Wrongful Death Attorney

Miami personal injury attorney Alan Goldfarb has helped grieving families recover damages for their loss. Give us a call at (305) 371-3111 or contact us online, and we can begin preparing your case immediately.

Resource:

hollywoodreporter.com/thr-esq/universal-dr-dre-ice-cube-win-appeal-wrongful-death-lawsuit-suge-knight-killing-1129881

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Wrongful Death Lawsuit Filed In Everglades Plane Crash https://www.goldfarbpa.com/wrongful-death-lawsuit-filed-in-everglades-plane-crash/ Sat, 29 Sep 2018 03:44:31 +0000 https://www.goldfarbpa.com/?p=3859 Read More »]]> The fatal Everglades plane crash that claimed the lives of four victims has generated its first lawsuit. The mother of a twenty-two-year-old killed in the incident has filed the first lawsuit against the Dean International Flight School, which the man was attending for instructional purposes.

The crash was caused by a mid-air collision between two planes, both of which were operated by the now-closing flight school. In addition, the lawsuit comes after the NTSB (the National Transportation Safety Board) released its preliminary report on the crash. According to the report, the two planes collided nearly head-on.

The lawsuit alleges that nobody warned the man and his instructor that another pair was currently in a flight-instruction session. The other two were flying in the same area at the same altitude.

The Florida Wrongful Death Act

Wrongful death lawsuits are very similar to personal injury lawsuits, but there are some other statutes that apply. Wrongful death lawsuits are not brought against a negligent party by the injured party. They are brought on behalf of an injured party by a representative of the injured party’s estate and/or the injured party’s loved ones. Since the injured party in a wrongful death lawsuit is no longer alive to bring the lawsuit themselves, Florida residents need to file the suit on their own behalf or on behalf of the deceased’s estate.

Florida wrongful death laws are laid out in the Florida Wrongful Death Act. There are two or more separate actions filed. One on behalf of the victim’s estate and others from grieving loved ones.

In the case of the Everglades plane crash, the mother of this man is filing a wrongful death claim for her deceased son, who was twenty-two at the time of his death. When there are no other surviving children, parents of negligently killed adult children may collect damages for pain and suffering. The estate, however, can collect damages for funeral and medical expenses, loss of net accumulations, and loss of potential earnings.

Net accumulations are slightly different from lost earnings. Lost earnings define a period of time during which the deceased is still alive but unable to work. Net accumulations are the total amount the victim would have earned had they remained alive. The jury determines this based on the earning power of the deceased.

In order for this man’s mother to collect on pain and suffering, she must demonstrate to the court that her relationship with her son was sufficiently close to warrant there being a legitimate emotional loss.

The Role of Negligence

In this case, the plaintiff is alleging that the defendants sent up two planes for training sessions in the same area at the same altitude. If this can be demonstrated, then the flight instruction school is responsible for four preventable deaths. That proves negligence right there.

Has Your Loved One Died Due to Another’s Negligence?

If the answer to that question is yes, Miami personal injury attorney, Alan Goldfarb, can help you recover damages. Give us a call at (305) 371-3111 or contact us online, and we can begin preparing your case immediately.

Resource:

nbcmiami.com/news/local/Mother-of-Everglades-Plane-Crash-Victim-Files-Wrongful-Death-Lawsuit-Against-Flight-School-489299991.html

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Three Teenagers Killed In Horrific Accident On McNabb Road https://www.goldfarbpa.com/three-teenagers-killed-in-horrific-accident-on-mcnabb-road/ Thu, 16 Nov 2017 20:07:34 +0000 https://www.goldfarbpa.com/?p=3327 Read More »]]> Three teenage passengers lost their lives while another teenager suffered catastrophic injuries when their vehicle smashed into the roof of a turnpike toll plaza on McNabb Road in North Lauderdale. Two of the teenagers died at the scene of the crash while the other teen died while being treated at Broward Health North. Reports indicate that the driver of the vehicle was speeding at the time of the tragic crash, according to the Miami Herald.

Unfortunately, fatal car wrecks are quite common in Florida. Approximately 3,091 people lost their lives in automobile collisions in the Sunshine State in 2016. That means 2016 was the deadliest year for automobile accidents since 2007, according to the Sun-Sentinel.

Holding a Negligent Driver Accountable Through a Wrongful Death Action

If your spouse, child, sibling, etc. was a passenger in a vehicle that wound up in a deadly collision caused by the reckless decisions of the driver, you may be able to hold them accountable through a wrongful death claim.

In Florida, wrongful death is defined as the loss of life proximately caused by the negligent or reckless behavior of another. Negligence is the legal standard you need to meet to prevail in a wrongful death action to hold the driver liable for the harms and losses you endured from the fatal car wreck. The law states that a motorist has a duty of care to operate their vehicle in a reasonably safe manner and comply with the rules of the road. If a motorist breaches this duty and that breach proximately caused your loved one’s death, the motorist can be found negligent and therefore liable.

It is important to understand that only specific individuals may file a wrongful death action in a Florida court.

Florida Statutes 768.16-768.26 govern wrongful death actions in Florida. This state law stipulates that a civil wrongful death claim may only be filed by a surviving family member of the victim. This means if you were engaged to the victim, but not married, you will not be able to file a wrongful death action.

Recoverable Damages Through a Wrongful Death Action

The harms and losses endured in a sudden, completely unexpected accident affect both your emotional health and financial health. You may be thrust into the role of having to raise your children and figure out a way to pay the mortgage and other fixed expenses without the help of your loved one. This is why a wrongful death action allows you to pursue monetary compensation for:

  • Funeral expenses
  • Medical costs related to the care of the victim prior to their passing
  • Lost future income that would have been earned by the victim
  • The loss of companionship, guidance, support and care.

Two Years to File a Lawsuit

According to the Florida statute of limitations, you only have two years from the date of your loved one’s death to file a wrongful death action in a Florida civil court. This means you need to take action right away and contact an attorney to discuss your legal options.

Miami Wrongful Death Lawyer Ready to Help

The Miami wrongful death lawyers of Alan Goldfarb, P.A. appreciate and understand the fact that losing a loved one in an unexpected car accident is devastating. You should focus on grieving. Let us handle the legal issues and paperwork. Contact our office today to schedule a free, confidential consultation.

Resources:

miamiherald.com/news/local/community/broward/article179237736.html

sun-sentinel.com/local/broward/fl-arrive-alive-initiative-20170124-story.html

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Two Passengers Killed In Tragic Miami-Dade Car Wreck https://www.goldfarbpa.com/two-passengers-killed-in-tragic-miami-dade-car-wreck/ Thu, 09 Nov 2017 02:18:57 +0000 https://www.goldfarbpa.com/?p=3304 Read More »]]> Losing a loved one is a gut-wrenching, traumatic event. Losing a teenage child makes the pain and emotional agony that much worse. Two families in Miami-Dade are grappling with this trauma after two teenage passengers were killed in an automobile accident. The victims were only 17 and 18 years of age.

The two victims were passengers in a Toyota Corolla that was traveling west on Northwest 173rd Drive when a Toyota Tacoma slammed into the Corolla at an intersection. The collision caused the Corolla to them strike a fire hydrant and a tree. One of the teenage passengers died at the scene of the crash while the other was transported to Jackson Memorial Hospital with catastrophic injuries that ultimately led to his passing. The driver of the Tacoma did not suffer any injuries in the collision, according to the Miami Herald.com.

Holding Negligent Drivers Accountable Through a Florida Wrongful Death Lawsuit

Florida allows the beneficiaries of a decedent’s estate to file a lawsuit in a Florida civil court to recover financial restitution for the untimely and preventable death of their loved one. Specifically, Florida Statute § 768.19 states that when someone’s death is proximately caused by the wrongful act of another, the estate of the decedent is able to file a wrongful death lawsuit.

Under Florida law, both the surviving family members and the estate are allowed to pursue financial compensation through a wrongful death claim. Recoverable damages include:

  • The value of emotional and financial support the decedent provided to the family;
  • The loss of companionship and guidance provided by the decedent;
  • Emotional and psychological trauma associated with a sudden loss;
  • Any medical expenses incurred to treat the decedent after the accident that ultimately resulted in their passing; and/or
  • Funeral expenses.

When someone loses their life in an automobile accident, the source of financial recovery is typically the automobile insurance policy of the negligent driver. A claim will need to be filed with the insurance company stating the amount of damages. If the insurance company refuses to offer a fair and reasonable settlement, a lawsuit should be commenced by your Miami wrongful death attorney.

Persons allowed to File a Wrongful Death Claim and Timeline to File

The Florida Wrongful Death Act requires a wrongful death lawsuit be filed by a personal representative of the decedent’s  estate. An individual may bring a wrongful death claim if they are related to the decedent including (i) the decedent’s spouse, (ii) the decedent’s child, (iii) parents of the decedent, or (iv) blood relatives who were dependents of the decedent.

Be Cognizant of the Statute of Limitations

Florida law requires that a wrongful death lawsuit be filed within a specified period of time known as the statute of limitations. In Florida, you have four years from the date of your loved one’s death to file this claim in a Florida court. If you wait to file after four years have passed, there is a very good chance that a judge will simply dismiss your case.

Contact a Miami Wrongful Death Lawyer Today

The wrongful death claims process can get complicated very quickly. There are important legal deadlines and filing requirements you must meet in order to have a viable claim. That is why you should hire the wrongful death attorneys of Alan Goldfarb, P.A. We possess decades of experience handling wrongful death claims.

Resource:

miamiherald.com/news/local/community/miami-dade/article178056756.html

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Lyft Driver Killed By Motorist High on Crystal Meth https://www.goldfarbpa.com/lyft-driver-killed-by-motorist-high-on-crystal-meth/ Wed, 23 Aug 2017 14:02:39 +0000 http://www.goldfarbpa.com/?p=3188 Read More »]]> A Lyft driver who was transporting four passengers in his Volkswagen Jetta died in a collision with a vehicle being operated by someone high on crystal meth and cocaine. Reports indicate that the at-fault driver stole a BMW and wound up crashing it into the Lyft driver’s Jetta.

The at-fault driver is currently facing criminal charges for DUI manslaughter. This is a somewhat unique situation since most drivers charged with DUI manslaughter consumers an excessive amount of alcohol, not hard narcotics like meth and cocaine.

A representative from Mothers Against Drunk Driving commented on the fatal accident and subsequent charges stating that it is the only time she has ever seen a DUI case where the influence is meth, according to the Miami Herald.

Officers reportedly discovered found a drug pipe just outside the stolen BMW. In addition, three baggies of suspected drugs were found on the driver when he was being treated at the hospital. Tests of the driver’s blood and urine also confirmed that he was on meth and cocaine.

Basis for Pursuing Punitive Damages

The accident described above is both tragic and infuriating. Just think, a man working to provide for his family had his life taken by the reckless and egregious conduct of another driver high on meth and cocaine.

If you lost a loved one due to the reckless conduct of another driver, you may be able to pursue financial compensation through a wrongful death claim. In most wrongful death cases, you can pursue damages for medical expenses, funeral expenses, and pain and suffering. In certain cases, you may also be entitled to punitive damages.

Punitive damages are unique in that they are not meant to compensate the plaintiff in a lawsuit. Instead, they are meant to punish the reckless driver for conduct that was so reprehensible that the court wants to send a clear message to others similarly situated that this behavior carries significant financial repercussions.

High Evidentiary Standard for Pursuing Punitive Damages

As mentioned, in many personal injury and wrongful death cases, the issue of punitive damages is moot and not a realistic pursuit. This is because there is a very high evidentiary standard that must be met for a court to even consider allowing a jury to hear evidence concerning a potential award of punitive damages.  Typically, a court will only allow this category of damages to be pursued if the negligence that took the life of your loved one was reckless and wanton. Basically, there needs to be evidence that the defendant’s actions constituted a flagrant and reckless disregard of human life or a lack of care indicating a complete indifference to the ramifications of their actions.

Cap on Damages

Even if the high evidentiary threshold is met, there is another obstacle. Under Florida law, punitive damages are currently limited to three times the amount of compensatory damages awarded, or $500,000, whichever is greater. Though, there is an exception for “unusual circumstances” that may allow for a larger punitive damages award.

Contact an Experienced Miami Wrongful Death Lawyer Today

If you lost a loved one in a preventable auto accident, you need skilled and aggressive representation to hold the at-fault driver accountable. Contact the seasoned trial attorneys at the office of Alan Goldfarb, P.A. in Miami.

Resource:

miamiherald.com/news/local/crime/article164736462.html

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Man Killed After Car Crashes into Him as He Unloaded a Box Truck https://www.goldfarbpa.com/man-killed-after-car-crashes-into-him-as-he-unloaded-a-box-truck/ Wed, 16 Aug 2017 16:29:48 +0000 http://www.goldfarbpa.com/?p=3178 Read More »]]> In the blink of an eye, a life can be taken when a driver operates their vehicle recklessly. A prime example was the tragic accident that occurred on East 10th Avenue in Hialeah. A man was unloading a box truck when another driver slammed into him, according to the Miami Herald.

The driver of a white 2001 Nissan Xterra suddenly veered into the middle lane on 10th Avenue and crashed into the box truck. The victim, a 54-year-old man, was standing in the back of the box truck and died at the scene. Police indicated that charges were pending against the driver of the Xterra.

Major Increase in Deadly Auto Accidents in Florida

According to the National Safety Council, nearly 1,600 people died in car wrecks during the first six months of 2016 in Florida. That is a 43 percent increase relative to the same period in 2014, according to News Channel 8. Nationwide, the number of deadly accidents are also on the rise.  Roughly 19,100 people were killed in car wrecks and the total estimated cost of these fatalities and injuries is approximately $205 billion, according to the aforementioned News Channel 8 article.

Pursuing a Wrongful Death Claim Against the Reckless Driver

If you lost a loved one in a preventable car crash, you have the ability to hold the negligent driver responsible through a wrongful death claim. Retaining the services of a wrongful death lawyer is probably something you never thought you would need to do, but it is important when you’ve lost a loved one in a sudden accident. The victim who lost his life in the accident described above probably had a spouse, children, parents, siblings, etc. His untimely passing reverberates across generations and will likely adversely affect multiple people.

What Damages Can Be Pursued Through a Florida Wrongful Death Claim

If you decide to retain the services of an experienced Miami wrongful death attorney, they can file a claim against the negligent driver’s auto insurance company to recover:

  • Medical bills
  • Funeral and burial expenses
  • Loss of financial support provided by the decedent
  • Loss of companionship
  • Pain and suffering

In some extreme cases, a plaintiff could attempt to pursue punitive damages. These are damages that are not designed to compensate a victim for their loss. Instead, the objective is to punish the negligent party and send a signal that their behavior will not be tolerated.

However, it is important to keep in mind that the threshold is high for a plaintiff to pursue punitive damages. For example, the negligent actions of the driver must have been reckless and wanton. In addition, punitive damage awards are capped at three times the amount of compensatory damages awarded by a jury, or $500,000, whichever is greater.

Speak to an Experienced Miami Wrongful Death Lawyer Today

As you can see, pursuing a wrongful death claim can get complicated. This is why you need to contact Alan Goldfarb, P.A. in Miami to discuss your potential case. We are here to help. Call us to schedule a free, confidential consultation.

Resource:

miamiherald.com/news/local/community/miami-dade/hialeah/article162606183.html

wfla.com/2016/09/21/study-so-far-2016-has-been-a-deadly-year-on-florida-roads/

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Deadly Hit-and-Run in Fort Lauderdale https://www.goldfarbpa.com/deadly-hit-and-run-in-fort-lauderdale/ Wed, 02 Aug 2017 14:30:55 +0000 http://www.goldfarbpa.com/?p=3156 Read More »]]> A man was standing outside his vehicle that was stalled on a street in Fort Lauderdale when another driver crashed into him causing his untimely death. The tragic collision occurred on East Las Olas Boulevard, according to the Miami Herald. If that was not bad enough, the reckless driver that hit the victim decided to flee the scene of the accident. The car involved in the deadly collision was later found on Tarpon Drive in Fort Lauderdale, but police have not been able to identify the responsible driver, as of the date of this posting.

Our deepest sympathies go out to the friends and family of the victim involved in this awful accident.

Unfortunately, hit-and-run accidents are quite common in Florida. In fact, 25 percent of all car crashes involve a hit and run, according to the Florida Highway and Motor Vehicle Safety Administration.

Leaving the Scene of a Serious Accident is a Felony in Florida

Fleeing the scene of an accident, especially when the life of another human being is at stake, is morally abhorrent and despicable. It is also against the law. Under the Aaron Cohen Life Protection Act (section 316.027 of the Florida Civil Code) someone convicted of fleeing the scene of an accident that resulted in a loss of life will be sentenced to a mandatory minimum of four years in prison. This statute is named after Aaron Cohen, a cyclist and proud parent of two who was struck by a drunk driver who decided to flee the scene of a crash that occurred in central Florida.

Pursuing a Civil Case Against the Reckless Driver

In addition to criminal charges that are brought by the state against a reckless driver, you have the ability to hold the driver responsible through a wrongful death claim in civil court. Contacting a wrongful death lawyer is probably something you never thought you would need to do, but it is extremely important when you lose someone you loved in a sudden, unexpected accident.  You need to make sure you can support yourself and your family. A sudden death places a tremendous amount of emotional and financial strain on the survivors of the victim.

What You Can Recover Through a Florida Wrongful Death Claim

If you decide to retain the services of an experienced Miami wrongful death attorney, they can file a claim against the reckless driver’s insurance company to recover:

  • Medical expenses incurred by the decedent as a result of the accident
  • Funeral and burial expenses
  • Loss of support provided by the decedent
  • Loss of companionship
  • Pain and suffering

In some cases, you may also be able to pursue punitive damages. These are damages that are not designed to compensate a victim for their loss. Instead, the purpose is to punish the at-fault party.

However, the threshold is quite high in order to pursue punitive damages. For example, the negligent actions that resulted in the death of your loved one must have been particularly egregious. In addition, punitive damages are capped (i.e. limited to) at three times the amount of compensatory damages awarded by a jury, or $500,000, whichever is greater.

In the case of a hit-and-run, if the at-fault driver is never found, you can still pursue financial restitution, but it would need to be through your own auto insurance policy, if you have uninsured motorist coverage.

Speak to an Experienced Miami Wrongful Death Lawyer Today

As you can see, pursuing a wrongful death claim can get complicated, especially in the hit-and-run context where the at-fault driver might remain at large. This is why you need to contact Alan Goldfarb, P.A. in Miami to discuss your case. We are here to help.

Resources:

miamiherald.com/news/local/community/broward/article159364199.html

flhsmv.gov/safety-center/driving-safety/hitrun/

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Teenage Passenger Killed in Terrible Accident on State Road 821 https://www.goldfarbpa.com/teenage-passenger-killed-in-terrible-accident-on-state-road-821/ Wed, 12 Jul 2017 14:23:57 +0000 http://www.goldfarbpa.com/?p=2687 Read More »]]> Losing someone you love is always devastating, but the pain is made that much worse when your loved one was just a child with their whole life ahead of them. It is also infuriating when you discover you’re your child may have died as a result of careless driving by another individual.

A prime example is a tragic accident that occurred on State Road 821. A vehicle being driven by a 17-year-old and carrying two 14-year-old passengers, slid off the exit ramp to Allapattah Road and onto the shoulder. The driver tried to correct the steering but wound up colliding with two palm trees, according to the Miami Herald.

The 14-year-old passenger sitting in the front seat died from his injuries. The other 14-year-old passenger suffered serious injuries, but is in stable condition as of the date of this posting.

Deepest condolences go out to the parents of the teenager who had their life come to an end far too soon.

Take Legal Action – Speak to a Miami Wrongful Death Lawyer

Losing someone you love, especially a child, can decimate a parent and/or sibling. The mental anguish and trauma associated with this type of sudden loss is difficult to fully comprehend. Many parents never fully recover emotionally or psychologically from the death of a child. A Miami wrongful death attorney will put a jury in your shoes to ensure they get a sense of the incredible pain and sorrow that a family endures when they lose a loved one due to the careless actions of the defendant.

Damages That Can Be Pursued Through a Wrongful Death Claim

Wrongful death damages generally include economic and non-economic damages. Economic damages include medical bills, funeral expenses, and future earnings of the victim. When a claim involves the death of a child, calculating future earnings can get complicated since a number of assumptions have to be made (e.g., would they have graduated from high school and gone on to college, what type of profession did they want to go into, etc.). This is why hiring an experienced Miami wrongful death lawyer is important because they can retain the services of skilled economists who can put together a rough calculation of what someone would have reasonably earned had they not lost their life in an accident.

In addition to economic damages, there are non-economic damages. These damages include mental anguish and psychological trauma associated with the sudden loss. In many instances, people refer to non-economic damages as pain and suffering damages. It is the emotional injury people suffer after a preventable accident that claims the life of a loved one or results in a catastrophic injury.

In certain circumstances, you could pursue punitive damages against the defendant. These are damages meant to punish the wrongdoer for their reckless and wanton behavior. But keep in mind, the evidence must show truly shocking or egregious behavior in order for a plaintiff to pursue punitive damages. In addition, Florida limits the amount of punitive damages that can be awarded to three times the amount of compensatory damages or $500,000, depending on which is greater.

Contact a Miami Wrongful Death Lawyer Today

The Miami lawyers at the office of Alan Goldfarb, P.A. are here to help you through this difficult time. Our firm is comprised of AV-rated attorneys who are recognized for their skill and ability in the courtroom. Contact our office today to schedule a free, confidential consultation.

Resource:

miamiherald.com/news/local/community/miami-dade/article155483814.html

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Semi-Truck Operator Killed in Tragic Accident on Interstate 10 https://www.goldfarbpa.com/semi-truck-operator-killed-in-tragic-accident-on-interstate-10/ Wed, 24 May 2017 13:52:05 +0000 http://www.goldfarbpa.com/?p=2600 Read More »]]> In a matter of moments, lives can be turned upside down as a result of a serious auto collision. A prime example was the tragic accident that occurred on Interstate 10 near Leon County, Florida. The driver of a semi-truck was hit by an SUV, causing the truck to be propelled into trees.

The semi-truck driver was transported to Tallahassee Memorial Hospital where he died as a result of his injuries, according to WTXL.com. The driver of the SUV walked away with no injuries. Florida Highway Patrol Troopers indicated that charges are pending against the SUV driver since it appears they attempted to improperly pass the semi-truck when the collision occurred.

Condolences go out to the loved one’s of the semi-truck driver. Their lives are changed forever as a result of this unfortunate collision.

Pursuing Some Semblance of Justice Through a Wrongful Death Claim

The loved ones of a victim who died in a serious auto accident may be hesitant to take legal action. They may feel overwhelmed and stressed out due to the myriad issues that need to be addressed when someone passes away suddenly. This is why it makes sense to retain the services of an experienced Miami wrongful death attorney. An experienced lawyer can take the burden off of you when investigating the accident and filing the necessary paperwork to pursue a claim against the negligent driver’s auto insurance policy.

Basis for a Wrongful Death Claim

The grounds for a wrongful death claim in Florida require meeting a four-step analysis: (i) proof of a duty of care, (ii) breach of that duty by the other driver, (iii) damages, and (iv) causation. These elements can be established through accident scene photographs, a police report, and interviewing witnesses.

Recoverable Damages for the Loved Ones of a Victim under the Florida Wrongful Death Act

No amount of money can ever truly compensate a spouse or child for the loss of a loved one. Nevertheless, our civil justice system focuses on the recovery of damages as a way for families to pursue some semblance of justice against a negligent party. The damages that can be pursued  through a wrongful death claim include:

  • Medical and/or funeral expenses paid on the deceased person’s behalf;
  • Compensation for the loss of support and services of the decedent;
  • Loss of companionship
  • Punitive damages (depending on the facts of the case)

Take Action Sooner Rather than Later

The loved ones of an accident victim do not receive an infinite amount of time to pursue a wrongful death claim against the negligent driver. As with every lawsuit, there is a time period in which a claim must be filed and this time period of set forth by state lawmakers in a statute of limitations. Once the statute of limitations expires, the courts effectively lose the jurisdiction to punish negligent individuals.

In Florida, the statute of limitations for filing a wrongful death claim is two years from the date of your loved one’s death. Indeed, it is important to file your claim well within the two-year period.

Speak to a Miami Wrongful Death Lawyer Today

The attorneys at the law offices of Alan Goldfarb, P.A. are ready to help you and your family fight for justice and honor the memory of your loved one. Our firm features Florida Super Lawyers and attorneys named to the Best Lawyers in America. Contact our office today to schedule a free, confidential case review.

Resources:

leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html

wtxl.com/community/update-victim-identified-in-fatal-i–crash/article_0b101a48-3109-11e7-875e-737733aead37.html

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Teenager Killed in a Heartbreaking Hit-and-Run Accident https://www.goldfarbpa.com/teenager-killed-in-a-heartbreaking-hit-and-run-accident/ Wed, 17 May 2017 13:57:32 +0000 http://www.goldfarbpa.com/?p=2584 Read More »]]> A 15-year-old boy who attended Timber Creek High School was killed in a hit-and-run accident that occurred in east Orange County, Florida. The driver that hit him fled the scene of the crash, but was eventually apprehended by Florida police.

Reports indicate that the young boy was in the street near Avalon Park Boulevard and Pellicer Drive when a motorcycle hit him, according to the Orlando Sentinel. The boy was reportedly playing with several other young people in the road when the collision occurred.

This is a heartbreaking incident. Losing a loved one is always difficult, but losing a child is especially gut-wrenching since they had their whole lives ahead of them, but in the blink of an eye, that was taken away.

Fleeing the Scene of an Accident Is Against the Law

According to Florida Statutes section 316.062, leaving the scene of an accident (also known as a hit and run) is defined as the failure of a driver to remain at the site of an automobile accident and to fulfill other statutory duties, when the accident at issue involves death, bodily injury, or property damage. The “other statutory duties” entail a driver rendering, to any injured person, “reasonable assistance.” This may include transporting the injured person to a hospital for medical treatment or making arrangements for such transportation (e.g., calling an ambulance).

Fleeing the scene of an accident is not just against the law, it is also morally abhorrent. A fleeing driver is consciously deciding to ignore the welfare of the victim in the hopes of avoiding a potential traffic infraction.

The motorcyclist in the accident described above is now looking at a potential felony conviction in criminal court, in addition to a possible wrongful death lawsuit in civil court.

Pursuing Damages Through a Wrongful Death Case

No amount of money will be able to bring a deceased victim back. Nevertheless, a wrongful death claim is a way to hold the at-fault party accountable for their reckless and irresponsible behavior.

A wrongful death case is a civil claim. A criminal case related to your loved one’s death may also be pursued. You do not have to choose between one or the other. Florida Statutes section 768.21 sets out the rules for awarding damages in a wrongful death lawsuit. Damages that surviving family members may receive include:

  • Medical expenses;
  • Funeral and burial expenses; and
  • Mental anguish and emotional pain and suffering from the loss of a child.

In wrongful death cases involving the untimely death of an adult, there may also be recoverable damages for the loss of the decedent’s income and familial support. A wrongful death case involving a minor generally does not include such damages since the minor was attending school full-time. Nevertheless, the emotional impact and trauma of losing a child is so severe that significant pain and suffering damages may be awarded to the parents and/or other relatives of the deceased minor.

Let Us Help You Through this Difficult Time

One of the most emotionally-draining and overwhelming events of a person’s life is to suddenly lose a child. It is especially infuriating to think that, if not for the at-fault driver’s reckless actions, your loved one may still be alive. That is why you should contact Alan Goldfarb, P.A. today in Miami. We are ready to help you through this tough time and will work tirelessly to hold the at-fault driver accountable.

Resource:

orlandosentinel.com/news/breaking-news/os-boy-dead-hit-and-run-20170422-story.html

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