Dealing With Florida Wrongful Death Actions

Wrongful Death Actions Florida’s Wrongful Death Act provides surprisingly limited damages to the survivors.  It also has very narrow definitions as to who a survivor is and is not.  Of course the section of the Florida Statutes entitled Wrongful Death contains none of the definitions of who a survivor is and how a survivor is defined.  Rather, for some inexplicable reason, the definition of survivor is found under the General Negligence Statute nearly at the bottom in §768, where survivors are defined as follows: “Survivors” means the decedent’s spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child’s support. “Minor children” means children under 25 years of age, notwithstanding the age of majority. “Support” includes contributions in kind as well as money. “Services” means tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the survivors of the decedent. These services may vary according to the identity of the decedent and survivor and shall be determined under the particular facts of each case. “Net accumulations” means the part of the decedent’s expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. “Net business or salary income” is...

Florida’s Release Law Unenforceable in Florida Keys Diving Accident Case

Millions of thrill-seeking tourists visit Florida every year, and many of them engage in risky activities like jet skiing, parasailing, skydiving, scuba diving, and bouncing in these new giant trampoline warehouses called Sky Zones. Most of the owners and operators of those for-profit businesses require participants to sign waivers and releases promising not to sue them if the participants are injured or killed. But are those releases enforceable in Florida if you get hurt? ARIZONA WOMAN DROWNS IN KEYS DIVING ACCIDENT On the morning of the dive that led to her death, Mrs. Diodato and her husband arrived late to a scheduled deep-water dive. Rather than have her companions wait for the Diodatos to read and sign a special release used for deep-water diving, the dive instructor, who was also sued for her wrongful death, relied on a release the couple had signed a few days before. That diving instructor had assumed the release would be valid for an entire year provided that a certain box was checked on the back of the document. Even though the “valid-for-a-year” box was not checked and the release that was previously signed was not the kind that is used for deep-water diving, a Miami trial judge dismissed the Diodatos’ case. This week, a Florida appellate court invalidated the release signed by that Arizona woman, Aviva Diodato, who drowned to death while she and her husband were scuba diving in the Florida Keys. Justice was served by the 3rd District Court of Appeal in the case of Diodato v. Islamorada Asset Management. I am sure it is no coincidence that the brilliant Judge Leslie B....

Car Insurance and How It May Affect A Wrongful Death Case

What happens when you get into a motorcycle accident in Florida with someone whose insurance has expired? It depends on why and how the insurance policy became inactive. If the policy lapsed because of non-payment and the insurance company has mailed written notice to the address listed in the policy at least 45 days before the policy lapses, there will be no coverage. Florida Court Rules in Favor of Insurance Company in Wrongful Death Case This week, Florida’s Third District Court of Appeal heard the wrongful death case of a Miami man who was killed while riding his motorcycle. He was struck by a car owned by Eduardo Olivera and driven with Olivera’s permission by Robert Zaid Alsina. The family of the victim, Alfredo Rodriguez, sued Mr. Olivera and Mr. Alsina for their loved one’s wrongful death, only to discover that Mr. Olivera’s car insurance had become inactive about a month before the accident. Mr. Olivera thought he was insured with Security National Insurance Company. But following the tragic accident, when he was sued, his insurance company claimed his insurance policy had lapsed before the accident and therefore there was no money to pay the  Rodriguez family. The Rodriguez family and Mr. Olivera entered into a contract called a “Coblentz Agreement” for $2.5 million. Coblentz Agreements are legal agreements made between parties in lawsuits when there are disputes about whether or not there is insurance to cover a certain event. In cases like this they agree to an amount of money as a judgment and then the plaintiff assumes the rights of Olivera to sue his own insurance company...

Hit By a Car Crossing the Street

One of the very first things we all learn as children is to hold hands when we cross the street.  As we get older and realize that crossing a street is a “survivable” experience, the need to hold hands and the fear both diminish.  For many of us, crossing busy streets remains a common part of our daily experience. It is such a commonplace that we tend to underestimate just how dangerous and potentially fatal crossing a busy street can be. Para leer en español haga clic aquí. For example, according to Florida’s Highway Safety and Motor Vehicle Department, nearly 500 pedestrians are killed and 7,500 seriously injured each year in Florida alone.  And the number of traffic accidents increases every year, perhaps partly because of the increased number of people who are taking public transportation and then having to walk the rest of the way to work, school, or home. Read this post about a Florida teen tragically killed as a pedestrian. Hit by a car while crossing the street in Florida-call: 1-866-597-4529 For some reason, statistically men are almost twice as likely to be killed crossing Florida streets, especially men between the ages of 45-54.  I am 48 years old, which puts me both in the most dangerous age and gender categories. If I were to guess why more men my age die crossing Florida’s streets, I would assume it has something to do with my own over-estimation of how quickly I can run from point A to point B.  In other words, I simply no longer move the way I once did but have not quite come...

Florida Teen Dies Playing Baseball

I have been a children’s injury attorney in Florida for more than 23 years. I have represented kids who were hurt in accidents at schools, day care centers, theme parks, and in traffic accidents. As a father of two, I can think of nothing more tragic than the loss of a child, especially due to the carelessness or greed of another. Whenever I have had the responsibility of representing an injured child or the parents who have lost a child, one of my goals beyond investigating and litigating the case is to find a way to prevent the tragedy from happening again—to anyone, including my own kids. So it is with a heavy heart, as a father and children’s injury attorney, that I share with you the events leading to the death of a Florida seventeen year old, Matthew Miulli. Matthew was born with a progressive heart condition that affected the ability of his heart to pump blood efficiently through his body. The condition, called patent ductus arteriosus, put him at risk for sudden cardiac arrest. For the ten years before he died, he was seen annually by pediatric cardiologists and internal medical doctors, who put him through several diagnostic tests, such as stress tests and EKGs. As he grew older, he developed a love for baseball, and his pediatrician cleared him to play baseball, but no other contact sports. In August 2004, he as seen by a family medical doctor, Dr. Shartz, for a physical and to obtain a signature on a sports medical release form that his mother had downloaded from the internet. Dr. Shartz asked Matthew’s...

Miami Business Owner Shot by Police

In the middle of the night, Miami business owner Jose Lazaro Rodriguez got a call from his security company that the burglar alarm at his store had gone off. They informed him that the police had been notified and were on their way. Mr. Rodriguez grabbed his licensed handgun and headed to his business. He arrived at his store a few moments ahead of Miami-Dade Police Officer Hernandez, and noticed a person attempting to crawl through a hole in the glass of the front door.  As Mr. Rodriguez was getting out of his truck, Officer Hernandez rushed upon the scene and unloaded four bullets into Mr. Rodriguez’s back. A video surveillance camera at the business recorded portions of the event but did not capture the actual shooting. Mr. Rodriguez filed a personal injury negligence complaint against Miami-Dade County, based upon the wrongful shooting and retention and supervision of Officer Hernandez.  Mr. Rodriguez claimed he exited his truck, gun in hand, with the sole intent of detaining the intruder until the police arrived.  He added that Officer Hernandez never identified himself as the police or yelled “Freeze” before the shooting. Mr. Rodriguez hired an expert, a retired lieutenant from the City of Miami Police Department, to review the case; the expert found that Officer Hernandez himself created the dangerous situation by rushing upon Mr. Rodriguez without his partner, thereby placing himself in a position where he might have needed to use deadly force. The County moved for summary judgment, which would dismiss this case before it ever got to a jury, arguing that the County is protected from suits on...
Facebook IconYouTube IconTwitter IconLinkedinLinkedin