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

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

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

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/

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/

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

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

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

Suddenly, a tractor-trailer swerved off the road, colliding with the 68-year-old man and his truck, killing him instantly. The driver of the tractor-trailer also passed away. Reports indicate that the wife of the 68-year-old man saw the entire horrific event.

No words can properly encapsulate the pain and trauma associated with such a tragic incident. Losing a loved one is always difficult, but seeing it happen with your own eyes is a scar that may never fully heal.

Let a Lawyer Help

Filing a lawsuit can be an intimidating, and potentially overwhelming thought for many people who lost a loved one. They are stressed and often scared about what the future holds now that their loved one is gone. This is why retaining a Miami wrongful death lawyer makes sense. A lawyer can take the burden off your shoulders of investigating the accident, talking to witnesses and police, compiling evidence, filing the necessary claims, and so forth.

The Florida Wrongful Death Act

Pursuing a wrongful death claim can get complex because these types of claims are governed by a series of specific statutes. For example, § 768.21 stipulates that a wrongful death lawsuit can only be brought by the personal representative of a decedent’s estate. It also stipulates which survivors are eligible to receive any monetary damages recovered from the wrongful death lawsuit such as the decedent’s spouse, children, parents, and so forth. The types of damages that can be pursued through this type of claim include:

• Costs associated with the funeral and burial;
• Pain and suffering;
• Loss of the decedent’s financial support;
• Loss of companionship for the decedent’s spouse; and
• Loss of guidance and counsel for the decedent’s children.
  

The Proverbial Clock is Ticking

Generally, a personal injury claimant has four years to file a lawsuit in Florida. However, the Florida Wrongful Death Act contains a much shorter, two-year statute of limitations. This means you have two years from the date your loved one passed away to file a lawsuit. If you fail to file a lawsuit within two years, your case could be thrown out by a judge.

Going to Court

Many clients are intimidated by the thought of a jury trial and having to testify. This is understandable. Keep in mind that many cases, even after a lawsuit is filed, wind up settling out of court. No guarantee can be made that your case will settle, but it is important to understand that there will likely be opportunities to engage in settlement negotiations with the negligent driver’s insurance company. If they make a fair and reasonable offer, you are empowered (with the counsel of your attorney) to accept the settlement. If you are not pleased with the amount offered, your lawyer should be ready and able to take your case to trial.

Miami Wrongful Death Lawyers

Alan Goldfarb, P.A. is ready to help you and your loved ones. We are experienced personal injury and wrongful death lawyers with nearly four decades of experience. Contact our Miami wrongful death attorneys by phone at 305-371-3111 or toll free at 866-936-9761 to schedule a free consultation.

Resource:

miamiherald.com/news/local/community/broward/article143248319.html

Victims of alcohol or drug-related accidents can include motorcyclists, pedestrians, passengers and other innocent drivers. Their injuries can be multiple and range from simple bruises to complex brain injury, paralysis or even death. Alcohol and drugs can significantly impair a driver’s focus and reflexes. Consequently, there are certain types of accidents that drunk drivers are likely to cause.

• Head-on collisions: Oftentimes drunk drivers fail to see lines on the road, parked cars and cars headed towards them. The driver may not realize that they are headed in the wrong way until after they have caused an accident.
• Pedestrian accidents: Intoxicated drivers often have difficulty with visual perception. This makes it hard to see and avoid pedestrians on the road or sidewalk.
• Rear-end collisions: Alcohol can make a driver drowsy and unable to concentrate as they drive. It is easy for an intoxicated driver to fall asleep while driving or get distracted and crashed into a stopped or parked vehicle.

If you are in an accident and you believe that intoxication was a factor, then it is critical that you collect information about the accident, including witness statements, police records, and field sobriety tests. Under Florida law, victims of intoxicated drivers may be entitled to monetary compensation, including punitive damages, awarded in a civil lawsuit. The civil suit may allow victims to recover medical costs, lost wages, and damaged property. And in the case of death, a civil suit will compensate the family for the loss of their loved one.

Victims of Drunk Drivers Deserve Compensation

Victims of an accident caused by an intoxicated driver may develop medical complications as a result of their injury. These injuries will require physical and mental rehabilitation. While victims may be able to recover medical costs from insurance, coverage will not provide compensation for time away from work or unforeseen future medical costs. In the case of a fatal accident, the victim’s family may need, and deserves, compensation for their loss.

Filing a civil claim after on behalf of a drunk driver victim requires the skill and experience of a personal injury lawyer. If a drunk driver has injured you, then contact the Miami personal injury lawyers at our firm. Our personal injury attorneys will use their knowledge to help you and ensure you are fairly compensated for your injury. Please call Alan Goldfarb, P.A. at (305) 371-3111 to discuss the details of your case.