South Florida Car Accident Lawyer Blog

NBCChicago.com reports that a child fell through a trash chute on Monday in Chicago and was killed.The male teenager was doing his chores for his family when he fell 46 floors to his death. The building in question has 48 floors in total.

NBCChicago says that witnesses indicate the child who had Downs Syndrome, probably slipped and fell into the garbage chute. The body of the child was later found inside the garbage compactor in the building's basement.

The distraught family discussed the tragedy with police and fireman overnight at the site of the fatal accident. Chicago police state that they are looking into circumstances surrounding the accident to determine precisely how the teenager fell to his death. An autopsy is scheduled to be performed.

Officials with the Special Olympics remembered, this young man for his smile, determination and grit. The Chicagotribune.com reports that two time gold medal winner Bart Conner called this teenager "an inspiration to all who knew him. Bart Conner is currently the vice chairman of the Special Olympics board of directors.

Continue reading "Landlord May Face Wrongful Death Suit In Death Of Teenager Who Fell Through Trash Chute" »

Miamiherald.com reports that a Florida House subcommittee has passed 16 claims bills after hearing the cases of individuals who were either critically injured or killed due to the actions of bus drivers, cops, hospital workers or other State of Florida employees.

A Florida claims bill which is also referred to as a relief act, is a law that gives compensation to a person or an entity for personal injury and other damages caused by the negligence or mistake of the state, an agent or employee of the state, or state agency. It is a method by which an injured victim may receive a monetary award even though the at fault state agent or agency may have immunity from a lawsuit. A majority vote of the Florida Senate and Florida House is required in order for a claims bill to pass.

There is a four year statute of limitations with regard to the presentation of such claims. Pursuant to Florida Statute 11.065, if a claim is presented after this time period that claim shall be deemed to be invalid and void. If the Legislature approves a bill it shall be deemed payment in full and no other claims for relief can be presented to the Legislature regarding that specific claim in the future.

Florida law requires that the legislature approve judgments against the state or any of it's political subdivisions that are in excess of $200,000.00. In the last legislative session, the Florida Legislature amended §768.28 which provides for a limited waiver of sovereign immunity for negligence claims against the State of Florida, it's agencies and it's political subdivisions. The legislature raised the dollar limit on liability in the statute from $100,000.00 per individual and $200,000,00 for each occurrence to $200,000.00 per individual and $300,000.00 per occurrence. This change applies to claims that arise after October 1, 2011.

Continue reading "Florida Claims Bills For Negligence Cases Against The State In Process Of Being Passed By Legislature" »

Sun-Sentinel.com reports that a 20 year old South Florida man received two years in prison followed by 10 years' probation after he pled guilty to vehicular manslaughter and reckless driving charges. Four teenagers were passengers in the defendant's vehicle when he lost control of the car and crashed into a lightpole. One of the teens was killed.

The State Attorney prosecuting the case stated that the defendant's car was traveling 75 mph in a 45-mph zone. He stated that the accident was so intense that the victim would likely had died even had he been wearing his seat belt, which the evidence revealed that he had not been. Another teen in the car was paralyzed from the waist down. The injuries to the defendant and to the other teens were not serious.

While the defendant apologized to the victim's family in open court, the family indicated that they and their son are deserving of more than a mere apology. The family was understandly unmoved as the apology came on the defendant's day of sentencing and he had not expressed prior remorse.

In this case, the defendant was sentenced to jail time despite the fact that there was no evidence that he had been intoxicated, under the influence of drugs or that he had been texting while driving. He got jail time because he was driving too fast, crashed his car and a young person paid the ultimate price.

The judge in this case more likely than not looked at the totality of the facts and concluded that in light of the tragic fatality and the catastrophic injuries inflicted on otherwise innocent children that a jail sentence, and not probation was just and appropriate. The court was also probably aware of the horrendous statistics regarding teenage car accidents that I am about to discuss and wanted to send a message to South Florida teens that they need to drive responsibly and shall be held fully accountable for their actions if they fail to do so.

Continue reading "South Florida Man Gets Jail Time For Fatal Car Accident And Could Face Civil Wrongful Death Suit" »

Palmbeachpost.com reports that Polo club founder John Goodman who was involved in a fatal Florida car accident adopted his girlfriend in what the decedent's family attorneys are calling an attempt to shield his assets from the wrongful death case they have filed.

The family of the deceased car accident victim filed a wrongful death suit against Goodman in connection with the Florida car accident that killed their 23 year old son. Police records reveal that Goodman failed to stop at a stop sign and struck and decedent's car. The wrongful death trial is calendered for next month. The police indicate that blood alcohol tests taken several hours after the car accident reveal that Goodman had a blood alcohol level of more than twice than what is allowed in Florida.

The court had on a prior occasion found that a trust set up for Goodman's two minor children could not be considered as part of Goodman's financial worth if a jury found him liable for damages to the decedent's family. The adoption paperwork indicates that Goodman's girlfriend is immediately entitled to at least a third of that trust's assets as his legal daughter since she is over 35 years of age.

The plaintiff's counsel has argued before the court that this is a blatant attempt by Goodman to shield his assets and that he could direct her now to remove a third of the trust's assets. The Plaintiff's counsel further argued that by this adoption Goodman now effectively owns one third of the assets of the trust.

Continue reading "A Negligent Driver Attempts To Protect Assets From A Car Accident Victim's Family" »