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

Crane Accidents and Construction Injuries 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

Crane Accidents and Construction Injuries 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


Workers’ 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

Car Accidents At Home 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.


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.


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


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.

Everything You Need To Know About Florida Wrongful Death Claims

Wrongful Death Versus Survival Action

Wrongful Death Versus Survival Action

The death of a loved one is traumatic and devastating experience— regardless of the cause. However, the ordeal can be especially upsetting if the death could have been avoided had it not been for the negligent actions of another.


In Florida, surviving family members and loved ones may be able to recover compensation for the damages, pain, and suffering associated with an injured party’s death. Typically, there are two different types of claims you can file after the death of a loved one—wrongful death and survival action.


Though wrongful death and survival action claims are sometimes confused, there are several key distinctions.


Wrongful death claims. A wrongful death claim occurs when a person dies as a direct result of another’s reckless, intentional, or negligent conduct. Since the victim is unable to file a claim against the responsible party, certain family members can file a wrongful death claim for emotional grief and other damages suffered. Under Florida’s wrongful death act, the deceased party’s surviving spouses, parents, or children can recover compensation for damages such as loss of financial or parental support, loss of household assistance, and funeral expenses.


In awarding damages in wrongful death cases, the jury will consider factors such as relationship to the deceased party, the value of the decedent’s probable net income, and the replacement value of the deceased party’s services to the survivor.


Survival action claims. Alternatively, the surviving family may choose to file a survival action claim after the death of an injured party. Effectively, a survival action claim is an extension of an already existing legal claim that was already being sought prior to the injured party’s death. Unlike a wrongful death claim, a survival action claim does not identify the death as the direct result of the injury for which damages are sought.


Instead, a survival action claim seeks to recover damages for the substantial pain and suffering the injured party suffered before their death. Damages for survival claims include compensation that the deceased party would have been able to recover had he or she not died before filing a personal injury claim. This could include loss of income, medical expenses, and overall pain and suffering before the time of death. In order to determine the amount of damages owed, the courts may look to factors such as the severity of pain, the duration of suffering, and the apprehension of impending death.


Slip and Fall Accidents

Let’s take a look at a couple of examples. Imagine Mary was involved in a slip-and-fall accident in a supermarket due to a slippery floor. Mary hit her head in the fall, and died two weeks later due to the traumatic brain injury she suffered as a result of the fall. In this scenario, Mary’s surviving spouse, children, or parents could file a wrongful death claim against the supermarket for the losses they suffered as a result of Mary’s death.


Alternatively, let’s say Mary survived her trip-and-fall accident with a broken hip and some nasty bruises. Mary filed a claim against the supermarket to recover compensation for her medical expenses, lost wages, and overall pain and suffering. However, before the claim was resolved, Mary was struck by a car and killed. In this situation, Mary’s surviving family could pursue a survival action claim against the supermarket to recover the compensation Mary would have been able to recover had she survived.


Typically, Florida courts require you to choose between seeking a wrongful death or survival action claim. Talk to a Florida attorney with experience in wrongful death to determine the best option for your unique situation. With the help of a compassionate and experienced attorney, you can pursue the justice the decedent deserved and the compensation you need.


Boca Raton Accident Lawyer

Teen Killed After Being Ejected from Fair

Boca Raton Accident Lawyer
Picture this: your teenager is hanging out with his friends at the local fair, joking around and just being a kid. Despite not doing anything wrong, police and fair officials pay extra attention to him and his friends, seemingly waiting for them to misbehave. After a melee that your son was not involved in, he’s detained by the sheriff’s department, kicked out of the fair, and told to get moving.


An 8th-grade honor student, your son isn’t one to push back against authority, so that’s exactly what he does. Unfortunately, his route on foot forces him to cross four lanes of Interstate 4 traffic, and one car just doesn’t see him in time. He’s struck and killed almost immediately, and you’re left to mourn and wonder how something like this could have happened.


This is exactly what Andrew and Deanna Joseph are going through right now – every parent’s worst nightmare. Day-to-day living is tough. But celebrations like the holidays are worse because those are the times you cherish the most, and now your child won’t get to enjoy them anymore.


Possibly the worst part for the Josephs is knowing their child wouldn’t have been anywhere near that highway if he hadn’t been targeted at the fair and unjustly ejected. Because of this, they’ve decided to sue the Florida State Fair Authority and the Hillsborough County Sheriff’s Office for civil rights violations and wrongful death.


Which begs the question: do the actions of the Fair Authority and Sheriff’s Office constitute wrongful death?


What Does Wrongful Death Mean in Florida?


Boca Raton Wrongful Death Attorney

If you look at the letter of the law for Florida wrongful death, it’s tough to say definitively whether or not the Josephs should win their case. The statute says that a wrongful death occurs:


“When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person…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 as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.”


There seem to be ways to argue the first part. The fair ejecting their son could be construed as a “wrongful act” and arguably constituted “negligence” since they were sending a 14-year-old off on his own without any adult supervision. Doing this led to him crossing the highway and getting hit by a car.


The part where it gets a bit dicey is at the very end: “death was caused under circumstances constituting a felony.” Meeting this part of the law would seem to require a charge of culpable negligence and hinge to a large degree on the ability to show that officials were acting inappropriately when they sent away a minor.


Is it possible to prove something like this in a wrongful death case? Yes. Is it easy? No.


That’s why it is so important to consult with an experienced wrongful death attorney if you believe that someone else should be held liable for the death of your loved one. Only someone who has successfully handled these types of cases before can offer you the insight you need – both in deciding to pursue or drop the case and in coming up with a strategy to help you win.


Nothing can bring back the person that you’ve lost, but winning a wrongful death lawsuit can help you to find closure, get back on your feet financially, and enact change so no one else has to go through this again.


Wrongful Death Car Accidents

What You Need to Know about Wrongful Death in Car Accidents

Wrongful Death Car Accidents

Last November, “The Fast and the Furious” actor Paul Walker and former race car driver Roger Rodas lost their lives after crashing a high-performance Porsche in Santa Clarita, California. Although the report from the crash investigation says that the accident was caused by speeding (93 mph), Kristine Rodas is still looking for answers to explain her husband’s death.


Ms. Rodas recently filed a wrongful death lawsuit against Porsche Cars North America, claiming that her husband’s 2005 Porsche Carrera GT—which is capable of going from 0 to 60 in 3.5 seconds and has a top speed of 205 miles per hour—was not equipped with a proper crash cage and safety features in the gas tank that could have saved its occupants’ lives.  The suit also alleges that a mechanical malfunction forced Rodas off the road.


It’s less common to hear about this kind of solo-vehicle wrongful death lawsuit than it is to hear about multi-vehicle accidents in which one driver was clearly reckless or negligent. However, there are legitimate reasons for filing a wrongful death suit in solo-vehicle accident cases: if unsafe road conditions or a manufacturer defect resulted in a fatal accident, then the surviving family of the accident victim has a right to hold the negligent party responsible.


As a Boca Raton wrongful death attorney, I want everyone in my community to understand when they can file a wrongful death suit in a car accident case and what steps they need to take.


Cases in Which a Car Accident Results in Wrongful Death


If you’re considering filing a wrongful death lawsuit after the loss of a loved one in a car accident, the first thing you need to do is determine who was responsible for the accident. Some examples of a negligent party include:


Another driver who was intoxicated, distracted, sleep-deprived, inexperienced, or driving recklessly for another reason
The city or state, if they failed to maintain safe road conditions (e.g. if the city knew about but did not fill in the large pothole that caused your loved one to lose control of their vehicle)
The vehicle manufacturer, if their vehicle contained a defective part such as faulty brakes or failing suspension, and that defective part caused a fatal accident


Cases in Which a Car Accident Results in Wrongful Death
Although there is always an official investigation into fatal car accidents, as there was in the Paul Walker/Roger Rodas case, you may need to hire your own investigative team to determine the cause of the accident.


Initial Steps to Strengthening Your Case


File a wrongful death lawsuit within the statute of limitations. If you suspect that your loved one died as a result of a third party’s negligence, you should contact an experienced attorney and file a lawsuit as soon as possible, in part because it will be easier to reconstruct the accident the sooner you file, and also because you are legally required to make your case within a certain time frame. The statute of limitations for wrongful death cases varies from state to state; in Florida it is two years.


Gather concrete evidence. In some cases, your attorney may hire an investigative team to return to the scene of the evidence to look for things such as skid marks and road flaws. The specialists will likely look closely at the car(s) involved in the accident as well. Meanwhile, your attorney may subpoena footage from traffic cameras, surveillance cameras, or even someone who filmed the accident on their phone, if that sort of evidence is available.
Boca Raton Wrongful Death Lawyer
Interview witnesses. If anyone witnessed the accident, your attorney should meet with them as soon as possible, since memories become faultier with the pass of time.


Present your case in court. You should always have a well-qualified wrongful death attorney represent you in this type of case since so much is at stake, but more so if you are going up against a car manufacturer or insurance company. These organizations will do everything they can to prove your loved one’s actions contributed to the accident, and you’ll need a lawyer who has handled this type of case to counter their arguments and give you the best chance of recovering compensation.


About the Author:

Jeffrey Braxton is a trial lawyer in Fort Lauderdale who has devoted his 22-year 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.