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Articles Posted in Wrongful Death

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Florida Appeals Court Compels Arbitration Between Nursing Home and Plaintiff

Recently, an appeals court issued an opinion in a Florida nursing home abuse lawsuit. According to the court’s opinion, the plaintiff filed a lawsuit against a nursing home, alleging that the home neglected his father, leading to the father’s death. The nursing home filed a motion to dismiss the claim…

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Families of Florida Teens Killed in Car Accident Recover $10 Million Jury Verdict

Earlier this month, a jury returned a substantial verdict in favor of two families, each of which lost a teenage child in a fatal 2018 Florida car accident. According to a recent news report covering both the tragic accident as well as the jury’s recent verdict, the collision occurred in…

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Florida Wrongful Death Cases Are Derivative of the Deceased’s Claim

When someone is killed due to the negligence of another person or entity, the Florida wrongful death statute allows for the surviving loved ones of the deceased to pursue a claim for compensation against the at-fault parties. Under Florida Statutes section 768.18, these claims are generally brought for the benefit of…

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Florida’s High Court Rejects Wrongful Death Damages Cap Imposed by Lower Court

Recently, the Supreme Court of Florida issued a written opinion in a case rejecting a lower court’s decision to impose what appeared to be a bright-line rule regarding the available amount of damages a Florida wrongful death plaintiff is able to obtain. In so doing, the state’s high court held…

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First Lawsuit Filed Following Florida International University Bridge Collapse

Earlier this month, a pedestrian bridge at Florida International University collapsed, killing six and injuring nine others. While the cause of the collapse is still under official investigation, there were reports that one of the lead engineers noticed cracks in the bridge before it was even complete and reported the…

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Florida Wrongful Death Lawsuits Are Derivative of the Underlying Tort

When someone is killed due to the negligence of another party, the survivors of the deceased may be entitled to financial compensation for their loss through a Florida wrongful death lawsuit. In order to succeed in a wrongful death lawsuit, a plaintiff must establish that their loved one’s death was…

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Plaintiff’s Wrongful Death Lawsuit Against Florida Swimming Pool Owner Dismissed

Establishing the breach of a duty is one of the most contested issues in South Florida premises liability lawsuits. Essentially, in order to establish this element, a plaintiff must point to some negligent act or omission of the defendant that violated a duty owed to the plaintiff.Earlier this month, an…

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Time Limit to File Wrongful Death Claim Extended When Defendant Tried to Cover Up Death

After a 38-year-old man was shot and killed, his mother and his five-year-old son filed survival and wrongful death claims against the shooter. The man was killed in August 2009, and on June 9, 2015, the man’s mother and the man’s then five-year-old son filed a complaint against the shooter.…

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Truck Accident Survivor Receives $15 Million Following Jury Trial

Earlier this month, a Georgia jury awarded a woman $15 million in financial compensation for the injuries she received in an April 2015 truck accident. According to a news report covering the recent verdict, the case proceeded to trial after the accident victim and the trucking company were unable to…

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