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Tag: wrongful-death

  • The Impact of Gooding on Actions for Malpractice in the Treatment of Malignant Disease

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    Mr. Gooding passed away in a hospital after the emergency room staff failed to provide him with proper care. His wife sued the hospital for negligence. The court ruled in favor of the hospital because even with proper treatment, Mr. Gooding’s chances of survival would have been very low. The Supreme Court said that in…

  • Time Waits for No One: The Death of a Litigant

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    When someone involved in a lawsuit dies, their lawyer and the other side’s lawyer have to deal with a lot of issues. If they don’t handle the situation quickly, they could end up in trouble. If someone involved in a lawsuit dies, the court needs to be informed, and the party’s representative or the other…

  • Halfway Houses and Mental Health Treatment Facilities‚ Establishing Duty in Tort

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    Residential drug and mental health treatment facilities do not always have a legal duty to prevent residents from harming themselves or others. Courts have ruled that just living at the facility is not enough to create a duty of care, and the facility may not be held liable for injuries caused by residents. Each case…

  • Untangling Taxes from Personal Injury Damages

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    In personal injury cases, the amount of money awarded for lost future earning capacity can be affected by whether the jury considers the plaintiff’s potential earnings before or after taxes. This decision can significantly impact the final award. If the jury uses gross earnings (before taxes), the award will be higher than if they use…

  • This Party’s Dead! But Will the Lawsuit Survive?

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    When someone involved in a lawsuit dies, it can get very complicated. There are rules from the court and from the probate process that lawyers have to follow. This can be tricky, because not all lawyers know both sets of rules well. But there are ways to handle it. The court rules tell lawyers how…

  • When Must a Dispute Be Submitted to Arbitration? Who Makes the Call?, Part I

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    If you have a legal case but signed an agreement to resolve disputes through arbitration, it’s possible to challenge that agreement in court. The Federal Arbitration Act allows for some exceptions to enforceability, so not all arbitration agreements will be upheld by the courts. The decision on whether the agreement is enforceable will be made…

  • Legal Challenges to Arbitration Awards: Part II

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    Part II looks at what happens when someone claims that enforcing an arbitration award goes against public policy, and the authority of the arbitrator in cases under the Taft Hartley Act. It also gives advice for lawyers dealing with an unfavorable award. In these cases, the court refused to cancel arbitration awards that ordered employers…

  • Virtual Adoption: Contractual Estoppel of Parental Rights and Responsibilities

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    John Doe and Michelle Mother divorced when their daughter, Dana Daughter, was 10 months old. Michelle Mother made it difficult for John to see Dana, and eventually asked him to let her new husband, Peter Putative, adopt Dana. John agreed, thinking he wouldn’t have to pay child support anymore. But the adoption never happened. Years…

  • Chapter 742 and the UCCJEA: Is Childbirth an Unbridled Key to Forum Shopping?

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    Dr. John and Helen met in Palm Beach and had a baby together. When their relationship didn’t work out, Dr. John filed a case to prove he was the baby’s father. Helen’s lawyer in Texas filed a motion to stop the case, saying the Florida court didn’t have the right to decide. The legal battle…

  • Who is eligible to file a wrongful death case?

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    In the state of Florida, if the individual who passed away had a will, the personal representative or executor of the estate can initiate a wrongful death lawsuit on behalf of the surviving family members.

  • What if the Individual Was Partially at Fault in Causing Their Own Death?

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    Some states, such as State A and State B, are pure comparative negligence states. This means that a wrongful death lawsuit may still be filed if the individual was partially at fault for the circumstances that led to their death.

  • What is the time limit for submitting a wrongful death claim?

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    The time limit in Florida for submitting a wrongful death claim is two years from the date of the person’s passing. You must initiate legal action or resolve your claim within this timeframe. Otherwise, your claim will be permanently denied.

  • Who is eligible to file a claim for a death caused by accident?

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    Who is eligible to file a wrongful death claim in Florida? In the state of Florida, there are specific individuals who are allowed to file a claim for an accidental death. Typically, it is a person who is a close relative of the deceased. The children of the deceased may be eligible to file a…

  • How much is my claim worth?

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    The laws in Florida allow you to receive compensation for the financial losses caused by your injuries. This implies that if you sustain injuries in a pedestrian accident and need to take time off work, you can be reimbursed for your lost wages. You can also seek reimbursement for anticipated future lost earnings, medical expenses,…

  • How long do I have to file a brain injury case in Florida?

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    How long you have to file a brain injury case in Florida depends upon the facts of your case. First of all, if the person who suffered the brain injury due to the negligence of another passes away, the Florida Wrongful Death Act comes into play and the statute of limitation for that is two…

  • What evidence must an attorney provide when filing a wrongful death lawsuit?

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    In order for the party at fault to be held responsible for the wrongful death claim, the plaintiff must present the necessary evidence. This evidence would be the same as what the deceased individual would have provided if they were alive. Establishing “negligence” against the responsible party demonstrates that they failed to provide the victim…

  • What Types of Damages Can I Recover in Cases Involving Wrongful Death?

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    What Economic Damages Are Survivors Entitled to in a Wrongful Death Case? How can damages for wrongful death be calculated? Various factors are taken into account for determining the monetary value of damages in a wrongful death case. To compute compensation for wrongful death, the potential income of the deceased will be multiplied by the…

  • What Is Wrongful Death Malpractice?

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    When a healthcare provider or medical facility causes harm to a patient, it is considered medical malpractice. In instances where a patient dies as a result of medical malpractice, their family members or designated representatives may file a wrongful death claim to seek financial remuneration for the harm caused by the loss. While not every…

  • What is the most common motorcycle injury?

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    Novice operators are particularly vulnerable to motorcycle crashes. However, there are other factors apart from lack of experience. Whether it’s drivers of other vehicles failing to notice them in blind spots or adverse weather conditions, motorcycle wrecks can occur on a daily basis. Even seasoned motorcycle riders can be involved in motorcycle collisions that lead…

  • What if a loved one passes away due to a car accident?

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    This case needs to be filed in court within a 2-year timeframe and it is referred to as a wrongful death claim. A personal representative will need to be chosen to advocate for the estate and the compensation of all surviving individuals.

  • What Is the Distinction Between a Wrongful Death Case and a Survival Action?

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    Wrongful demise cases center around the harm endured by surviving individuals. Conversely, survival actions aim to secure compensation that the victim would have been entitled to if they had survived. The personal representative of the estate initiates survival actions, and payments are awarded in favor of the estate, which holds significant importance for the beneficiaries.…

  • What is a Wrongful Death Case Under Florida Law?

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    What constitutes a wrongful death lawsuit? Wrongful death claims compensate families for a loved one lost because of the negligence, recklessness, or intentional action of another party. The families prevail if they can establish by a preponderance of the evidence that the accused(s) had a responsibility to exercise care, failed to fulfill that responsibility, and…

  • What is the maximum compensation possible for a motorcycle accident?

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    What kind of insurance should I have for my Motorcycle? What is Auto Accident Compensation (AAC)? Average compensations for motorcycle accidents are misleading because of the extreme variance. Minor injury and property damage cases may settle for as little as $10,000 to $15,000. On the other hand, major injury and wrongful death claims can go…

  • What constitutes a personal injury claim?

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    A personal injury claim refers to a civil (or, more precisely, non-criminal) action that can be initiated when someone experiences injury, harm, or death due to the negligent, reckless, or intentional behavior of another individual. The party making the claim is referred to as the “plaintiff,” while the entity being accused is known as the…