South Florida Car Accident Lawyer Blog

NJ.com is running a story today about a jury award of $525,000 to the family of a caregiver who was killed when the elderly man she was helping hit and killed her with his vehicle.

The 59 year old victim was traveling with her patient to a restaurant when the elderly man who was operating the car drove the car onto the sidewalk striking the victim who had already exited the vehicle. She was hit and pinned between the automobile and a wall. She subsequently lost a leg and ultimately died as a result of her injuries.

After the car accident the deceased's family filed a car accident negligence suit against the driver of the car. A jury yesterday awarded the victim's family $225,000 for her wrongful death and an additional $300.000 for pain and suffering.

The two week trial focused more on the victim's job description than whether or not the elderly man was negligent. The defense agreed that the driver was negligent but questioned the legal standing of the family to file a wrongful death suit against him. The defense argued that the deceased caregiver was an employee of the defendant and therefore under local applicable worker's compensation law was barred from filing any work related claim, including a wrongful death claim, against him.

Continue reading "Family Receives Jury Award For Negligence in Wrongful Death Car Accident Lawsuit" »

The Insurance Journal is reporting that if Trayvon Martin's family files a wrongful death lawsuit they might name the homeowners association where the shooter Zimmerman lived and where the shooting occurred.

The reason for this is that if Zimmerman's claim that he shot Trayvon Martin in self-defense is upheld by the judge or a jury, Florida's "stand your ground law" would also protect him from a civil lawsuit. if Zimmerman is acquitted or otherwise cleared, the Martin family could sue The Retreat at Twin Lakes homeowners association for the wrongful death of their son. The homeowners association should have a liability policy in place which would in all likelihood be able to pay the Martin family more than Zimmerman.

Apparently the Association in February distributed to residents a newsletter that said that Zimmerman was the "go-to" guy for residents that has been crime victims. Under the banner "Neighborhood Watch," the letter stated that crime victims should first call the cops and then "please contact our Captain, George Zimmerman ... so he can be aware and help address the issue with other residents."

The Association's attorneys indicate that the obvious connection to, and endorsement of Mr. Zimmerman, opens the Association to legal action by the Martins. Mr. Zimmerman acknowledged that he shot Trayvon Martin to death during an encounter of February 26th of this year but is claiming self defense.

Continue reading "Trayvon Martin's Family May Sue Homeowners Association For Wrongful Death " »

The LA Times is reporting that mother of the actress killed by Phil Spector has settled her wrongful death case against Mr.Spector. The settlement comes exactly 9 years after Mr. Spector, the famed music producer, shot her in his California mansion.

The mother's attorney indicated that the terms of the settlement were confidential and that she was relieved that the wrongful death case is now concluded.The actresses mother, was called as a witness, and on a daily basis attended Phil Spector's criminal trial. Mr. Spector was ultimately convicted. She testified at the criminal trial that her daughter was happy and positive, not suicidal, as Mr. Spector's defense counsel had implied.

Former female associates of Spector testified at the criminal trial that Spector had threatened them with firearms with in incidents as far back as the 1970's. There was other evidence introduced with regard to what was described as Mr. Spector's love for guns and his bully like behavior in the recording studio.

Phil Spector's insurance carrier retained a lawyer to interpose a legal defense against the wrongful death case. Mr. Spector, however, who is now incarcerated and is serving a 19 year to life sentence agreed to settle the civil suit. Mr. Spector had a storied career working with John Lennon, The Beatles and Tina and Ike Turner. Phil Spector produced extremely successful songs such as The Ronettes' Be My Baby and the Righteous Brothers' You've Lost That Lovin' Feelin'.

Continue reading "Settlement Terms Of Wrongful Death Lawsuit Against Phil Spector Are Confidential" »

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" »

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" »

The Sun-Sentinel.com reports that a South Florida jury awarded $8.8 million to the family of a mother killed in a Miami car accident with a driver believed to be texting.

The complaint filed in court indicated that the victim died at the scene of the accident from significant internal injuries that included substantial bleeding in the abdomen, and a large cut from his chest to the stomach.

Police charged the "texting" driver with speeding and reckless driving, but not vehicular homicide. He received a fine in the amount of $2,000 fine, and a license suspension for six months. Further he was required to finish a court-ordered advanced driving course.

The Plaintiff produced evidence that the defendant driver was driving between 61 and 69 miles per hour in a 40 mph zone. His cell phone records revealed an outgoing text at 8:19 p.m. Paramedics were called to scene of the fatal car accident at 8:21 pm.

Continue reading "South Florida Jury Awards $8.8 Million To Family Of Driving While Texting Victim" »

The Miami Herald has reported that Florida A&M University has expelled four students after an alleged hazing incident that led to the death of a 26-year-old drum major.

The university's action came after the university's marching band was suspended and its director asked to resign over the death last month on a bus in Orlando. This action by the university is the first substantial anti-hazing disciplinary action after years of many hazing allegations.

The student died on Nov. 19, following a game between FAMU and Bethune-Cookman College. A 911 call, released Thursday, shows that fearful fellow band members tried to revive the student after he collapsed. Police say hazing was involved.

This death, which has drawn attention from around the country, is the latest in a series of hazing-related incidents involving FAMU's marching band.

In 2001, a band trumpet player won a $1.8 million lawsuit against other band members, after suffering renal failure after being severely paddled.

This week, Florida's Governor requested that all 11 state universities to review their anti-hazing policies and penalties. He has also requested that the Florida Department of Law Enforcement to investigate this student's death. The Florida Board of Governors, which sets education policy at state universities, is conducting an investigation into the university's institutional controls.

Hazing incidents and the injuries and deaths that sometimes tragically follow are on the rise around the nation. Angry parents want to hold their son or daughter's university legally responsible.

Continue reading "Schools Can Sometimes Be Held Legally Responsible For Hazing Injuries And Deaths" »

ABC news reports that the now that a criminal jury in the Michael Jackson case has found his doctor, Conrad Murray, guilty of involuntary manslaughter, the Jackson family's next step in all likelihood is to pursue a civil case against Murray for medical malpractice.

The Jackson family has filed lawsuits against Murray last year for wrongful death and against AEG Live LLC, the firm behind Jackson's "This Is It" tour. According to ABCNews.com the two cases will be joined together. It is not likely, however, that the suits will ask the doctor to pay money damages. ABC news sources indicate that in light of AEG's resources and Dr. Murray's lack of same, that AEG would be held responsible. In a civil case, a judge or jury only has to find that there is more than a 50 percent probability that the defendant was negligent, as opposed to the burden of proof in a criminal case which is beyond a reasonable doubt.

Statements Dr. Murray made to the police and other evidence which was excluded from his criminal trial would now more than likely be admissible in The Jackson family's civil cases.

Dr. Murray could be sentenced to up to four years in prison. With recent changes in California law, however, which transfers all non-violent inmates to county jail, he's unlikely to do any time in state prison. Because of overcrowding in jails in California, he's more than likely to get a sentence of house arrest for up to a year.

Dr. Murray will most certainly lose his legal right to practice medicine. In 20 years of practicing medicine, he never had a malpractice clain brought against him or had his license suspended.

Continue reading "Michael Jackson's Family Now Has A Cause Of Action For Medical Malpractice And Wrongful Death " »

To those family members that survive the death of a loved one, an untimely death can be both devastating emotionally as well as a financial nightmare. The expression that time heals all wounds even the loss of a loved one is very true. From personal experience, having lost my father some 23 years ago, while I think of him each and every day, the painful wounds over the passage of time have healed.

In situations where a untimely death of a family member has been caused by a third person's carelessness or negligence, the financial fallout can at the very least be reduced. If the negligent party is reasonable, fair and has a heart you might receive a financial settlement to assist you to get past this terrible time. The sad reality, however, is that when significant sums of money are involved not many people are fair and reasonable. If you are not offered an fair money settlement, you should consider retaining an attorney to give you counsel on filing a wrongful death claim or lawsuit against the negligent party.

In order to successfully receive fair compensation it is essential to hire a professional and seasoned South Florida wrongful death lawyer. Wrongful death lawsuits in operate in a complex vortex of law that combines the requirements of a personal injury case with Statutes of Limitations pertaining specifically to death caused by the negligence of another party.

Continue reading "There Is A Two Year Statute Of Limitations To File Or Settle A Florida Wrongful Death Claim" »