wilton manors accident

Deadly Car Accident at the Wilton Manors Stonewall Pride Parade

It was early Saturday evening in Wilton Mantors when a white pickup truck struck two people just before the Stonewall Pride Parade was set to begin. The 2011 white Dodge Ram was the lead vehichle that had lined up with other floats when it accelerated and ran over two men standing by to take part in the parade around 7 p.m. on Wilton Drive near 16th Street.

 


The driver of the truck that plowed into the two victims was a 77-year-old man, who police say had physical ailments that prevented him from walking the parade route and because of it, was selected to be the lead vehicle of the parade. A DUI test showed no signs of impairment on the driver’s behalf.

wilton manors parade sceneFirst responders within the crowd quickly helped the two men who were hit, performing CPR. One of the victims was pronounced dead shortly after arriving at the hospital. The second victim is expected to survive.

 

“It was bad,” said Keith Witusik, a mechanic at the Fort Lauderdale Garden Center. “I was like, ‘Oh my God. I can’t believe this is happening.’”

Deadly Car Accident at the Wilton Manors Stonewall Pride Parade 1 Wrongful Death South Florida Injury Law FirmFlorida Agriculture Commissioner Nikki Fried, who was at the Stonewall Pride Parade event, along with U.S. Reps. Debbie Wasserman Schultz and Ted Deutch, confirmed the incident on Twitter and said the driver was in custody.

Wasserman Schultz said “I am deeply shaken and devastated that a life was lost and others seriously injured at tonight’s Wilton Manors Stonewall Pride Parade. My staff, volunteers and I are, thankfully, safe. I want to thank our first responders for their heroic efforts as both police and emergency medical personnel stepped into action quickly. We’re praying for the victims and their loved ones as law enforcement investigates and I am providing them with whatever assistance I can. I am so heartbroken by what took place at this celebration. May the memory of the life lost be for a blessing.”

Deadly Car Accident at the Wilton Manors Stonewall Pride Parade 2 Wrongful Death South Florida Injury Law FirmWilton Manors Vice Mayor Paul Rolli said Sunday that the early investigation shows it was an accident. It has been confirmed that the driver of the truck and the victims are all members of the Fort Lauderdale Gay Men’s Chorus.

 

Those are a lot of unfair hurdles the survivor will have to overcome.

Car accidents victims are expected to take care of this process on top of the added stress of being injured, spending time in the hospital, and/or missing time from work. That’s simply not fair to car accident victims – and that’s why we are here to help you get through it together.

All car accidents are serious. Even minor collisions can lead to costly car repairs, medical treatment, and lingering injuries. Stress and financial costs associated with car accidents can quickly spiral out of control. Without proper representation, you may find yourself left holding the bag without anyone to help you.

 

If you have been injured or lost a loved one in a car accident in South Florida, you will want the right law firm and attorneys that can maximize the amount of money you receive for the harms and losses you have suffered. The lawyers at The South Florida Injury Law Firm have exceptional experience in dealing with all types of automobile collisions, as well as an in-depth knowledge of Florida car insurance coverage and liability laws.

 

Conveniently located for residents of Boynton Beach, Boca Raton, Delray Beach, West Palm Beach and South Florida, the Law Offices of The South Florida Injury Law Firm are in Fort Lauderdale, Florida. However, if you have the need, your Boynton Beach personal injury attorney can visit you in your home or, if necessary, in the hospital. To contact a Boca Raton injury lawyer with The South Florida Injury Law Firm you can call 954.764.7377 anytime 7 days a week, 24 hours a day. Or fill out the convenient online form for a free case evaluation. Remember, the consultation is free and you will owe nothing until recovery of benefits is made.

injury law firm james white car accident death patriots

Fatal Car Accident of Miami-Dade Police Capt. Tyrone White

On a Sunday afternoon in September, one car overturned and erupted in flames, the other was left badly damaged after a car accident at the intersection of Griffin Road and Southwest 118th Avenue in Cooper City.

 


Tyrone White, captain of the Miami-Dade Police Department, was killed in the automobile accident.
Tyrnoe White’s wife and the mother of James White, Lisa,  remains in the hospital.
The accident is actively being investigated by the Broward County Sheriff’s Office.

 


 

White is the father of New England Patriots running back and Fort Lauderdale native, James White, who had been told of the tragic accident only 90 minutes before Sunday’s night’s 35-30 loss against the Seattle Seahawks. He had been listed by the Patriots as inactive for the game due to personal reasons.

 

 

During NBC’s broadcast, sideline reporter Michelle Tafoya said Patriots owner Robert Kraft offered to fly White immediately to Miami, but White declined and elected to remain in Seattle.

White has played for the Patriots for seven years. He’s been a captain for the last three seasons.

The New England Patriots’ players dedicated their team’s 36-20 victory over the Las Vegas Raiders the following Sunday to running back James White

It’s an unfortunate reality that fatalities can be a result of an auto accident throughout South Florida every day. Circumstances behind them are sometimes preventable and consequences of carelessness, negligence or intoxication while behind the wheel. Intoxication is a leading cause of crashes and can end in devastating injuries or even death.

 

 


 

When someone is injured in a car accident, they can sue the at-fault driver for compensation for sustained injuries. If a fatality is involved, surviving family members can bring the lawsuit against the at-fault driver.

 


 

Wrongful Death Legal Rights

 

A wrongful death is one that is caused by another person’s or business’ criminal, intentional, reckless, or negligent actions. Every case has their own set of circumstances surrounding the case, and an attorney will need to analyze them to see whether you have a valid wrongful death claim.

In an auto accident, the driver might be responsible if they:

  • Proof of intoxication or under the influence of drugs
  • Engaged in distracted driving
  • Evidence of careless error, (example:  failing to look in their rearview mirror when passing or backing up)
  • Drove recklessly or aggressively, by speeding, swerving, or passing on the right

Additionally, a business can be held responsible in a wrongful death case. By example, a defective airbag, brakes or seatbelts malfunctioning might have been the root cause of death in the accident.

 


 

 If you lost a spouse, parent, child, or relative due to the negligence of another person or entity, you should talk to a lawyer immediately to learn more about your rights.

Also, surviving family members could be entitled to compensation for losses associated with the wrongful death case, including:

  • Loss of care
  • Loss of companionship
  • Lost wages and benefits that the deceased would have earned had they lived
  • Emotional grief

How to calculate these losses can be difficult. Lost wages and benefits are somewhat speculative, especially if your loved one was young. No one knows with confidence what jobs they would have worked and how much they would have made.

Regardless, an experienced and knowledgeable wrongful death auto accident attorney will be able to estimate these amounts with you.

 


 

 


Although difficult to talk about, the fact is that driving a car is dangerous.
Almost 3 million Americans find themselves in a hospital emergency rooms annually because of auto accident injuries. Much of the time, the damage is invisible at first glance.
About 50% of ER visits are due to trauma from a car accident.

 

If your loved one was killed in a car accident in Florida, you may be entitled to seek remedy in the form of a wrongful death lawsuit. This is a civil action that allows immediate family members to seek compensation from drivers who were careless, reckless, drunk, distracted, aggressive, tired or inexperienced and in turn caused a death.

An attorney will be able to uncover evidence of liability you would never be able to get to on your own, using legal tactics such as depositions, interrogatories, expert testimony, and more.
We will fight to get you the best possible compensation from the parties who are responsible. Call today for a free case review. We’ll look at all the facts of your case and let you know what options are available in your situation.

 

covid-19 coronavirus accidents

COVID-19 Auto Accidents in South Florida

COVID-19 has created a dramatic shift in all of our lives and even on our South Florida roadways. With residents holed up at home, working remotely and running fewer errands than ever, rush hour traffic has dipped considerably. Shuttered bars and restaurants has meant fewer drunk drivers on the roads and less auto accidents.

 

Those who must and do go out may be under the impression that the roads are safer due to this dip in traffic congestion we’ve seen throughout the state. They have evidence to support that belief too.

 

Florida drivers were involved in 9,469 crashes in June compared to 31,128 in 2019.

 

However true, that belief for many drivers contributes to the most serious and fatal auto accidents that can happen.

 


 

The Need For Speed

A recent report by the Governors Highway Safety Association (GHSA) stated that many drivers across the U.S. are pushing the needle to speeds greater than 100 mph. FHP have also reported drivers are traveling at speeds of 20-40 mph over the posted speed limit on average.

“Law enforcement officials have the same mission as health care providers — to save lives. If you must drive, buckle up, follow the posted speed limit and look out for pedestrians and bicyclists. Emergency rooms in many areas of the country are at capacity, and the last thing they need is additional strain from traffic crash victims,” said GHSA Executive Director Jonathan Adkins.

 


 

coronavirus south florida auto accidents

Caution Your Confidence

The roads may appear empty and safe for you to push the pedal a little further. Just a few MPH over the speed limit is no big deal, right?

Out of the 9,469 crashes in June, 54% were speed related and 37% of those were fatal.

 

Due to distracted driving, unsafe road conditions and a myriad of circumstances we’ve seen can happen here at The South Florida Injury Law Firm, we know the roads are never as safe as they may seem.

It’s difficult to foresee auto accidents, the injuries that can come from them and the lifelong effects they have. It can put even a bigger dent in finances that COVID-19 have already burdened so many with. It is even worse when you know somebody else through their negligence caused you suffering, and that’s why you need to fight hard to get compensated for your loss. Be cautious and remember these steps we’ve put together for you to be better prepared:

 


 

What to do at the scene of an auto accident during this time of COVID-19

  • Get medical attention for those who are injured.
  • Still Practice Safe Distance. Stay 6 feet away from the other driver.
  • If you are able to without discomfort, pay mind to and keep your mask on.
  • Get the name and the driver’s license of the driver of the car that caused the collision.
  • If the driver leaves, get the license plate number of the car. If this is not possible, at least get a description of the car including the make, model, color, and any descriptive information you can.
  • Call the police. If the car leaves, do not endanger yourself by following or chasing it. The police will do their best to track down the culprit.
  • Wait in a safe place for the arrival of the police.
  • If there are witnesses, try to get their names, contact information, and statements.
  • Take photos of the scene of the accident as well as of the damage to your car.

 

As soon as possible with auto accidents, make your own written statement about what happened. Include as many details as you can about how the accident occurred. Note exactly where the accident occurred, whether there were traffic lights or a stop sign, what you observed the other driver doing, and any other information that seems relevant.

 

If someone sustains a head wound, broken arm or puncture wound, the injuries are obviously serious, and medical assistance should be sought immediately. But many times, accidents result in aching or overall soreness. It can be tempting to shrug this soreness off, as the pain may even subside over the following days. Not seeking medical attention can be a major mistake.

 


 

Get an Attorney

When searching for the best personal injury lawyers in South Florida, or if you have experienced an auto accident or injury, be sure to check for experience, track record, and reviews from their past clients.

Our team have 100+ years of combined legal experience, so we’ve handled just about every kind of injury and accident case you can imagine. We also come from diverse legal backgrounds that help us when preparing for cases, counting a former public defender and a lawyer who worked for insurance companies and knows their tactics among our partners.

During this time, we urge you to be safe on the road and if you have been in an accident, know that you deserve to be compensated for your pain and suffering – and those responsible deserve to be held accountable for their actions. That was The South Florida Injury Law Firm’s goal when it was founded in South Florida in 1991, and it has remained the centerpiece of the firm’s mission ever since that time.

Construction cranes of high-rise residential buildings in the big city, view of the evening sky

Crane Accidents and Construction Injuries

Deadly Car Accident at the Wilton Manors Stonewall Pride Parade 3 Wrongful Death South Florida Injury Law Firm

 

Imagine sleeping soundly in bed and then a loud crashing crane comes through your roof.
It was a scene that happened this week in North Miami Beach, where a crane that was being used to repair a seawall slid off a barge and struck the roof of a condominium building.

“I was very lucky because that crane was in front of my apartment two days ago.” said by C. Spetsiotas, a resident of the condo.

 

Eight units of the building are now off-limits while structural engineers assess the safety of the building. The U.S. Coast Guard is also investigating, along with OSHA

Crane accidents have happened in the past, with unfortunately worse outcomes. In Hallandale Beach, a 27 year old was killed when a crane toppled over.  One man died and two others were left injured in Hollywood when the scaffolding collapsed.

 

Causes of Construction Accidents


 

Florida construction sites are littered with hazards at every turn. To execute dangerous tasks that these projects require, heavy construction equipment and tools are used, many of which are performed at great heights and under extremely hazardous conditions.

Although federal and state laws that require employers to maintain a safe workplace, some do not. There are instances where contractors take shortcuts to turnaround projects faster and reduce expenses, posing a risk to people who work on the sites and the local pedestrians.

 

Some common causes of construction accidents include:

 

  • Cranes, ladders and fixtures falling from buildings and walls
  • Toxic substance exposure
  • Defective construction and tool equipment
  • Improper use of equipment
  • Improper or insufficient training
  • Misuse of tools and other equipment
  • Poor safety precautions and oversight

 

 

Construction Site Safety and Your Rights


Deadly Car Accident at the Wilton Manors Stonewall Pride Parade 5 Wrongful Death South Florida Injury Law Firm

Safety measures on construction sites are supposed to be followed by the Occupational Safety and Health Administration (OSHA) standards.  There are clear standards for cranes, crane operations, crane training, fall protection, scaffolding, ladders, hazard communication, machinery, and many other aspects of a construction site project and operations. A party’s failure to abide by OSHA standards may be evidence of negligence if that failure caused an accident.

If you or someone you know have suffered any construction related injuries, or others that are not listed, compensation may be awarded and should contact our experienced Florida construction accident lawyers at South Florida Injury Law Firm today to discuss your legal options with our Free Case Review

Also, you may be entitled to recover more money than a workers’ compensation claim alone could provide. You may also have claims for medical bills, pain and suffering, permanent limitations and past and future lost earnings.

Because of the numerous contractors, subcontractors and other parties often involved in construction sites, it can be difficult to determine exactly who should be held responsible for your injuries or the death of a loved one.

 

 

 

Types of Available Compensation


 

Worker’s Compensation
Almost every employer is required to carry workers’ compensation insurance. These benefits can help an injured worker cover medical expenses and lost wages and are available to a worker regardless of the circumstances surrounding an accident that causes injury.

 

Personal Injury
Although a worker cannot file an injury lawsuit against their employer, it may be possible to file a claim against a third party whose negligent actions led to your injury. A personal injury claim is also available to non-workers who are injured on a construction site.

 

Product Liability
If a defective product caused your injuries, it may be possible to bring a claim against the manufacturer, retailer or wholesaler of that product.

 

Wrongful Death
If you have lost a loved one in a construction accident, you may be entitled to file a wrongful death lawsuit seeking compensation for your loss.

 

 

Construction Related Accident and Injury Help


 

With decades of experience handling these types of complex cases, our South Florida Injury Law Firm construction accident lawyers have the skills and the resources needed to conduct a thorough investigation. You can rely on us to put your interests first and will work to help you recover the maximum compensation you are entitled.

 

Schedule a free consultation by calling (954) 488-JEFF (Fort Lauderdale), (954) 488-JEFF (Boca Raton & West Palm Beach), or 877-566-8759 (toll-free). You can also fill out this online form to set up your case evaluation. We’re a dedicated team of personal injury lawyers who work on a contingency basis and will take your calls at any time, on any day of the week.

car crash home miami dade gardens attorney law firm accident

Car Accidents At Home

Deadly Car Accident at the Wilton Manors Stonewall Pride Parade 6 Wrongful Death South Florida Injury Law Firm

Car accidents can happen anywhere. Especially where you least expect it. Parking lots, driveways, parking garages, and drive-thrus are well-known for accident scenes.
Even your own living room.

 

On Wednesday, August 21st, an accident involving two cars ended up crashing into a Miami Gardens home. One of the drivers was air lifted to a nearby hospital.

The resident, who was inside his home at the time of the crash, stated:

“This isn’t the first time something like this has happened”

 

He’s right.  In just the last few months of 2019, there have been multiple car accidents in South Florida that have also caused damages to a home. In March, a driver smashed into a house in North Lauderdale in the middle of the day.  Another driver was hospitalized in April after crashing into a house in Lauderhill. Another driver attempting to avoid a collision drove straight into a Miami home in May.

 

Unfortunately, these instances are becoming too common throughout Dade, Broward and Palm Beach counties. It’s important to pay attention while on the road and arm yourself with knowledge, whether you’re the driver or passenger in a car accident or inside a home and have sustained damage or injuries from a car collision.

Know Your Rights

 

Under Florida Law, you may be entitled to monetary damages if you have been injured through the negligence or recklessness of another person. Damages may include reimbursement or compensation for:

 

  • Past and future medical costs
  • Home damage liabilities
  • Pain, suffering, and inconvenience
  • Lost wages or economic opportunities
  • Funeral expenses
  • Grief and suffering

 

A Personal Injury Case Begins Before You Leave the Scene of a Crash

 

While the circumstances behind each of these accidents are different, one fact holds true for all—the time immediately following the crash can be stressful and confusing.

 

Here are the seven most important things to do if you are involved in a South Florida auto accident.

 

  • Remain at the scene.
    If an accident has occurred, it is essential for you to remain at the scene. It is your legal obligation to stop if you collide with anything, even if you do not think there is any damage.
  • Prioritize safety.
    Take steps to ensure the safety of you, your passengers, and other drivers. If your vehicle is causing a major traffic obstruction, move it out of the road to a safe location and turn on hazard lights. Check for injuries and determine if anyone needs major care.
  • Contact the police.
    Even if the accident is minor, call the police. When cops arrive at the scene of the accident, request that a police report be filed and get the names and badge numbers of the cops involved.
  • Document information.
    Document as much information about the accident as you can while limiting discussion of the incident with the other driver.
  • Report the incident to your insurance company.
    Notify your insurance company as soon as possible. Many insurers have a policy that requires you to report the accident within a certain time frame in order for the incident to be covered.
  • Seek medical attention.
    Even if you do not notice any serious injuries at first, you should seek medical attention as soon as possible. This is particularly true if you notice any pain or strange effects in the aftermath of an accident, but it’s not uncommon to begin feeling more pain a day or two after a car collision, and you don’t want to wait that long if you can help it.
  • Consult with an auto accident attorney.
    Even if your case seems straightforward, it’s highly advised to consult with a car crash lawyer after an accident. Working with an attorney can improve your odds of obtaining the maximum amount of compensation. If a settlement cannot be reached, your attorney will be ready to take your case to court.

 

Find out more on what do after a car accident in South Florida

 

Help protect your friends and family by giving them the one essential tool they need to drive safely—knowledge.

 

Get The Help You Need

 

If you’ve been hurt in a vehicle accident in a parking lot, drive-thru, parking garage or inside a home where an accident has occurred, you may be eligible for compensation for your injuries. The South Florida Auto Accident and Personal Injury Lawyers understand your needs and dedicated to helping their clients get the maximum compensation for medical bills, lost wages, and pain and suffering.

 

Schedule a free consultation by calling (954) 488-JEFF (Fort Lauderdale), (954) 488-JEFF (Boca Raton & West Palm Beach), or 877-566-8759 (toll-free). You can also fill out this online form to set up your case evaluation. We’re a dedicated team of personal injury lawyers who work on a contingency basis and will take your calls at any time, on any day of the week.

Floridians' Chances of Dying Increase in These Professions

Floridians’ Chances of Dying Increase in These Professions

Floridians' Chances of Dying Increase in These Professions

Is your job putting you at a deadly risk? Read this post to learn about the deadliest jobs in America, and how someone else’s negligence can put you in danger.

Many employers use strict safety standards to protect employees. However, no matter how many precautions are taken, some jobs are just inherently risky.

If you have been injured on the job, or if your loved one died due to a workplace accident, don’t hesitate to consult with a knowledgeable Florida attorney. You may be eligible to receive compensation due to someone else’s negligence.

These are the types of jobs where you are most likely to become injured or killed.

Logger

Logging carries a high risk of being struck by an object. The intense physical labor and equipment involved in logging also makes it more likely that will be injured or die on the job. Worse, most logging accidents occur in remote areas where emergency medical attention may not be available. Logging is one of the most dangerous working environments in the country.

Commercial Fishing Workers

As with loggers, commercial fishing workers typically work where medical assistance is not readily accessible. Extreme weather and dangerous equipment, along with the physical demands of the job, are factors that increase the risk for injuries or death.

Flight Engineers and Pilots

These workers must work long hours on irregular schedules. The fatigue can reduce their reaction time and lead to a disastrous accident.

Roofers

Since roofers must work on elevated areas, their risk for falls is one of the highest in all industries. They are also more prone to slips and trips than the average worker. Roofers also often work in high temperatures, which can lead to overheating and dehydration. The tough physical demands of the job cause many injuries.

Iron and Steel Construction Workers

These workers must perform at high elevations, putting them at risk for fatal falls. They can also be struck by heavy objects like beams or equipment, which can cause serious injury or death.

Truck Drivers

Truck drivers experience a high risk of vehicle accidents, which can result in injury or death. Many of these workers also put in long hours, which can cause exhaustion that leads to accidents.

Agricultural Workers

Agricultural workers have an increased risk of falls, slips, and trips, which can result in injury or death. Since they often work with heavy equipment or large vehicles, they also have an elevated risk of harm from those things. Finally, they have a higher risk of being struck by objects.

Construction Workers

Like roofers, construction workers often work on high levels, and falls are a constant risk. Heavy equipment and inherently dangerous tools like nail guns or saws present a high risk of injury or death. Construction workers often experience injury to their limbs or backs.

Bocs Raton Construction Accident Injury Lawyer

Electricians

Since electricians work directly with a power source, they are at a high risk of electrocution injuries. They also have an elevated risk of burns or falls, depending on where they work.

Grounds Maintenance Workers

These workers are required to perform heavy lifting, bending, and carrying large loads. They often work in hot weather, which can lead to heat-related injuries. Working with sharp tools increases the risk of cuts and stabbing injuries, and working with water can cause slip and fall injuries.

Building Maintenance Workers

Anyone who works on or repairs buildings is at an elevated risk for falls, slips, trips, and electrocution injuries. They often must perform a variety of tasks that involve risks to their safety, such as working on heights and being exposed to wiring.

Utility Workers

Those who install and repair power or telecommunication lines work on heights and are at risk for electrocution injuries or death. An injury may require a lengthy recovery period.

Road Construction Workers

Both supervisors and laborers on road construction crews are at a high risk of being struck by a vehicle while working. These accidents can be deadly or can cause long-lasting injuries. Other risks in this field are falls and being struck by objects.

Law Enforcement Officers

These public servants are injured or killed most often by shootings or vehicle accidents. They also experience injuries when handling arrests. Law enforcement officers typically work long hours, and they are more likely to be injured at the end of their shifts when fatigue is a factor.

Material Collectors

Anyone who collects refuse or recycled items works with an elevated risk of slips, trips, and falls. They can also be injured or killed by other vehicles on the roadways.

Boca Raton Wrongful Death Lawyer

Obviously, these are not the only jobs that people can get hurt or killed doing. Even though working in an office may seem relatively safe, there are risks all around us, and if our employer does not do their job to keep the area well-maintained, anything can happen.

That being said, if you or someone you love is in any of the above professions, it’s important to be aware of the risks.

 

 

About the Author: 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

Most Common Reasons for Wrongful Death Claims in Florida

Most Common Reasons for Wrongful Death Claims in Florida

Most Common Reasons for Wrongful Death Claims in Florida

The death of a loved one shakes a family to its core, bringing with it an enormous personal loss. If the death could have been prevented, this injustice tends to be difficult for surviving family members to comprehend.

If the deceased was a primary provider for the family or substantial medical or funeral expenses were incurred as a result of an accident or illness, their death may also leave the surviving family with an insecure financial future.

A wrongful death lawsuit can help address some of these concerns. Holding the responsible parties accountable for their negligent actions can bring about some sense of closure, and in some cases could help prevent future accidents. Moreover, seeking financial damages can help ensure a secure financial future for surviving family members.

Unfortunately, history does tend to repeat itself with wrongful death claims, as a majority of Florida wrongful death suits fall into the common categories of automobile and pedestrian accidents, premises liability accidents, product liability, and medical malpractice.

Automobile Accidents

Around 3,000 Floridians perish in automobile accidents annually, making car accidents a leading cause of accidental death. Unfortunately, many fatal auto accidents could be prevented but for the negligence of the at-fault driver. Moreover, many fatalities occur due to driving while intoxicated, which is both absolutely preventable and unacceptable.

Pedestrian and Bicycle Accidents

Florida has the highest rate of bicycle fatalities of any US state, with around 800 fatalities annually. Due to the thriving tourist trade and inviting climate, Florida cities also have a substantial amount of foot traffic, making pedestrian accidents common as well.

These tragic accidents are sometimes unavoidable on the part of the motorist, but in many cases could have been prevented if the motorist had been paying proper attention to the road.

Premises Liability Accidents

Slips, trips, and falls are very common, and can often lead to debilitating or even fatal injuries. In many cases these accidents are caused by negligence on the part of the property owner. For example, many such accidents occur due to unmarked wet floors, slick spills that have been neglected, unsecured rugs, or clutter in hallways.

Product Liability

Manufacturers are obligated to ensure that products offered for sale are safely designed and manufactured, and do not pose an unreasonable risk to consumers. Unfortunately, design and manufacturing flaws often slip through the cracks, putting unsafe products into the hands of consumers. Many times, these products can cause serious or fatal injuries, making product liability a leading cause of wrongful death claims.

Medical Malpractice and Medication Errors

We seek out medical care for ourselves and our loved ones, trusting that medical providers will provide competent care that improves the patient’s condition – or at least does not harm them. However, errors on the part of medical caregivers are unfortunately very common, which can lead to the wrongful death of a patient in extreme cases.

Medication errors are a particularly common cause of medical injuries and deaths. This could be due to dosing errors, failure to identify adverse interactions between medications, or failing to inform the patient of the risks associated with a medication.

Considering Seeking Wrongful Death Damages in Florida?

South Florida Wrongful Death Lawyer

If you have recently suffered the loss of a loved one, you may be left trying to make sense of this tragic occurrence, particularly if the death may have been preventable. Seeking damages through a wrongful death claim could help to bring some sense of closure to your loss and secure your family’s financial future.

A compassionate but proactive wrongful death attorney can help to evaluate your case and advise you of your family’s rights. Get in touch with our office today.

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

Venus Williams' Crash Case Gets Underway in Florida

Venus Williams’ Crash Case Gets Underway in Florida

Venus Williams' Crash Case Gets Underway in Florida

 

Several months ago, we informed you about a wrongful death lawsuit filed against tennis superstar Venus Williams. New developments in the case have caused more questions about who is at fault. If you have filed a personal injury or wrongful death lawsuit, you can learn some important lessons from this case.

 

In early June, initial reports indicated that Williams had run a red light, and a car driven by Linda Barson crashed into Williams’ car when it entered the intersection. Barson suffered several fractures and her husband Jerome Barson suffered injuries that led to his death two weeks later.

The Barson family’s attorney accused Williams of “running a red light, failing to yield the right-of way, inattentive driving and negligent operation of a motor vehicle.” The attorney also said that Linda Barson is “physically and emotionally devastated.”

 

Police Provide New Evidence

 

New evidence has come to light that state Williams was driving lawfully throughout the incident. In a recent deposition hearing, newly released police video showed that Williams did not violate traffic laws when she entered the intersection on June 9. Originally, police said that Williams violated Barson’s right of way, but now they are investigating who is at fault for the accident.

 

Boca Raton Auto Accident Lawyer

 

The new report shows that Williams entered the intersection on a green light and slowed as the car in front of her turned left. She was inside the intersection when Barson’s light turned green. Barson entered the intersection at about 25 mph and crashed into Williams’ vehicle, which had slowed to about 5 mph.

 

In the new statement, police say a Nissan Altima cut Williams off while she was traveling north in the intersection. She had to stop moving forward to avoid a collision with the Altima, then she lawfully moved forward after the Altima passed. Police are looking for the Altima driver as part of their investigation. Williams has not been cited or charged by the police.

 

The Barson family’s attorney stated that the police video still shows that Williams violated the Barsons’ right of way and should still be held responsible for the accident. The attorney also said that witness reports show the Barsons lawfully entered the intersection on a green light.

 

Proving Liability in Florida Car Crashes

 

Many accidents have clear-cut cases of liability. Others, like the Barson vs. Williams case, depend on the legal expertise of a knowledgeable Florida personal injury attorney to understand the intricacies of the law.

 

Since the police are now saying that Williams was acting legally, the Barson family attorney must take a different approach to proving Williams is at fault. Here are some tactics that he may use:

 

Use the police report in a settlement.

 

Police records are not admissible in court, but they can be very helpful in negotiating settlements. The police report can be used to determine fault. If the investigation does find that Williams is at fault or partially at fault for the crash, the settlement can be negotiated out of court.

 

Use witness accounts to strengthen the argument.

 

The attorney will likely rely heavily on witness accounts to support Barson’s claim. If witnesses testify that Barson lawfully entered the intersection and that Williams’ vehicle obstructed her right of way, the claim against Williams will be strengthened. If the police can call the Altima driver in as a witness, it may strengthen the case against Williams.

 

Defend client testimony.

 

If Linda Barson still insists that she did not see Williams’ vehicle when she entered the intersection, her attorney will work to defend her testimony in the case against Williams.

 

Boca Raton Wrongful Death Attorney

 

 

Stand on the Wrongful Death Act.

 

The Wrongful Death Act states that Barson can file a lawsuit against Williams because she believes Jerome Barson’s death can be attributed to “wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters.” If Barson wins the case, she can recoup costs for medical and funeral expenses, pain and suffering, and loss of support and services.

 

Lessons to Learn from this Case

 

If you are involved in a car crash lawsuit, it’s important to know what Florida law requires for car accidents:

 

  • Stop at the accident scene.
  • Call for help for anyone who is injured.
  • Report the accident to a local law enforcement agency.
  • If your vehicle is blocking traffic, move it or call a tow truck to move it for you.

 

Another lesson is that a skilled attorney’s help is crucial if new evidence calls liability into question. If you need legal assistance, schedule a free consultation today.

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for the South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

What You Need to Prove a Florida Wrongful Death Claim

What You Need to Prove a Florida Wrongful Death Claim

What You Need to Prove a Florida Wrongful Death Claim

 

The death of a loved one is a heartbreaking tragedy that is often overwhelming, emotional, and difficult.

 

If your loved one dies as a result of illness or natural causes, there’s not much you can do besides grieve and figure out how you can continue to live your life. However, if your loved one dies because of someone else’s negligence, then you might be able to seek justice and damages for your loved one’s death by filing a wrongful death suit.

 

Let’s first look at what wrongful death is, and then explore what damages can be sought and what you need in order to prove your claim.

 

What Is “Wrongful Death” in Florida?

 

The Florida statutes discuss negligence in Chapter 768 and, more specifically, wrongful death in 768.16-768.26.

 

Under the Florida Wrongful Death Act, you have a right to sue for wrongful death:

 

“When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages.”

 

For example, if a loved one is injured in car accident due to someone’s negligence, they would most likely be able to sue the driver of the other car for damages. The same concept applies to wrongful death. If your loved one succumbs to their injuries in the previously mentioned example, then the driver of the other car can still be sued for damages. Only this time, their personal representative would have to bring the lawsuit instead, on behalf of living family members.

 

Who Can Receive Wrongful Death Damages?

 

Boca Raton Wrongful Death Lawyers

 

Wrongful death suits in Florida must be filed within two years of the date of death, and our laws explicitly state that survivors can receive damages from a wrongful death claim

 

Each survivor may recover the value of lost support and services from the date of the decedent’s injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value.

 

A “survivor” is defined as “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.”

 

Additionally, certain survivors can receive other damages:

 

  • The surviving spouse can recover loss of companionship and protection and mental pain and suffering.
  • Minor children (and all children if there isn’t a surviving spouse) can recover loss of parental companionship, instruction, and guidance, and mental pain and suffering.
  • Each parent of a deceased minor child can recover for mental pain and suffering.
  • Each parent of an adult child may recover for mental pain and suffering if there are no other survivors.
  • Medical or funeral expenses due to the decedent’s injury or death may be recovered by a survivor who has paid them.

Proving Wrongful Death in Our State

 

The plaintiff in a wrongful death case generally needs to prove three main elements:

 

South Florida Medical Malpractice

 

Duty of care. The plaintiff needs to prove that the defendant had a duty of care to the deceased person. Continuing with our car accident example, the driver has a responsibility to follow the rules of the road and drive carefully when behind the wheel.

 

Breach of duty of care. First, the plaintiff has to show that a duty of care exists. Then, the plaintiff has to prove that the defendant breached that duty of care. In a car accident, if the other driver was speeding, ran a red light, or drove drunk, then they breached that duty of care.

 

Causation. Finally, the plaintiff has to prove that the breach of duty of care directly caused the wrongful death. Even if the defendant was speeding, the defendant isn’t responsible for the wrongful death if something else – such as a mechanical issue on the deceased’s car – ultimately caused the death. (However, if it was caused by a defective part, then the manufacturer of that part might be able to be held liable, for example.)

 

If you’ve lost a loved one due to someone else’s negligence, you’re probably not even thinking about a lawsuit, but you should consider reaching out to an experienced Florida wrongful death attorney. A skilled lawyer will be able to help you determine if you have a viable wrongful death claim and help you seek justice for your loved one’s death.

 

 

About the Author:

 

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.

 

 

Police Blame Venus Williams for Fatal Car Crash What Comes Next

Police Blame Venus Williams for Fatal Car Crash: What Comes Next?

Police Blame Venus Williams for Fatal Car Crash What Comes Next

 

Every year, thousands of people die in car accidents. In 2015, there were 35,092 fatalities due to car crashes and 2,939 of them – just over eight percent – occurred right here in Florida.

 

At the beginning of June, tennis star and Palm Beach Gardens resident Venus Williams was involved in a car crash that injured 78-year-old Jerome Barson, who died two weeks later.

 

Williams, who was driving a 2010 Toyota Sequoia, supposedly ran a red light when the victim’s wife, Linda Barson, driving a 2016 Hyundai Accent, crashed into the side of Williams’ car. Williams, who was only going about 5 mph, claims that she entered the six-lane intersection on a green light, but due to traffic ended up stuck halfway through when the light changed.

 

Barson says when her light turned green, she started to enter the intersection and was unable to stop in time upon seeing Williams’ vehicle. Williams alleges that she did not see the Barson’s car.

 

Williams was not injured and Linda Barson suffered “several fractures to her right arm and hand.” Jerome Barson, who was in the passenger seat, suffered a “fractured spine and numerous internal injuries,” which eventually led to his death on June 22.

 

The police report says Williams was at fault for the accident, and the Barson family has already filed a wrongful death lawsuit against Williams. The lawyer for the Barson family accuses Williams of “running a red light, failing to yield the right-of way, inattentive driving and negligent operation of a motor vehicle” and also says that Linda is “physically and emotionally devastated.”

 

At a press conference after her first-round win at Wimbledon, Williams was in tears when asked about the fatal crash and said, “There are really no words to describe, like, how devastating and ― yeah. I’m completely speechless.”

 

This accident is truly tragic for everyone involved, but the circumstances of the crash can help us to look at what’s necessary for an injury or wrongful death claim. Let’s explore that now.

 

Filing a Car Accident Claim

 

Florida follows a no-fault system when it comes to car accidents. That means if you’re involved in a crash, your insurance company will pay for your medical expenses and any lost income (up to a certain amount) – regardless of who was at fault.

 

The no-fault system, however, doesn’t apply if someone was seriously injured in the accident. A serious injury means someone suffered disfigurement, permanent injury, or significant and permanent scarring.

 

So if Jerome Barson had lived and met this serious injury threshold, he would have been able to file an injury claim against Venus Williams. Because Barson died, though, his family is now able to sue for wrongful death.

 

Under Florida’s Wrongful Death Act, certain family members of the deceased person can sue the person they believe is responsible for their loved one’s death due to “wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters.”

 

Specifically, children, parents, and the spouse of the deceased are able to file a wrongful death suit, and they can claim damages such as:

 

South Florida Wrongful Death Attorneys

 

  • Lost support and services
  • Funeral and medical expenses
  • The surviving spouse may claim loss of companionship and protection as well as mental pain and suffering from the date of injury
  • Minor children, and any children if there is no spouse, can claim lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury
  • Parents can claim pain and suffering

Proving Fault in a Car Accident Claim

 

Whether you’re filing an injury claim or a wrongful death claim due to a car accident, proving the other person was at fault will be crucial to your case.

 

A police report will be especially important because not only does the report provide a detailed account of the accident, it also contains the police officer’s unbiased opinion on the cause of the accident.

 

Although the investigation is still ongoing, the police report says that Williams was at fault for the accident for failing to yield the right of way. She was not under the influence and also wasn’t cited or charged, but the report still says the accident was her fault. For this reason, the police report will be an essential piece of evidence in trying to show that Williams was liable for Barson’s death.

 

Boca Raton Car Accident Lawyers

 

Florida’s own traffic laws and the type of accident – rear-end collisions and left-turn accidents, in particular – can also help the claimant’s case.

 

Regardless of your situation, if you or a loved one was injured or died as a result of a car accident, you should contact an experienced Florida car accident attorney to determine if you have a claim and if you can seek damages for your pain and suffering.

 

 

 

 

About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his career to the practice of personal injury law. As lead trial attorney for The South Florida Injury Law Firm, Jeff has litigated thousands of cases and is a member of the Million Dollar Advocates Forum, an exclusive group of attorneys who have resolved cases in excess of one million dollars.