wrongful death

Death of Cyclist Tragic Reminder of Risks in SWFL

September 20, 2023 | Associates and Bruce L. Scheiner

The death of a 73-year-old bicyclist in a North Fort Myers traffic collision is a tragic reminder of the risks faced by vulnerable road users every day in Southwest Florida.

NBC-2 reports the cyclist was struck and killed by a pickup truck at Bayshore Road and Ixora Drive. The man was riding on the shoulder of SR 78, according to the Florida Highway Patrol. Authorities report the cyclist partially entered the path of the truck before being struck.

Our Cape Coral bicycle accident lawyers know cyclists face high risks throughout Southwest Florida. However, we also know that vulnerable road users, including cyclists, pedestrians and motorcycle riders, are also too often blamed for causing or contributing to a traffic collision. It’s important all motorists understand that bicycle riders are entitled to use the roadway and enjoy all of the same rights as the operator of a motor vehicle. Additionally, Florida’s law of contributory negligence still allow a rider or other accident victim to pursue damages against an at fault party even if the rider is found partially at fault for causing a collision.

Trucking Accident Risks on the Rise in South Florida

September 18, 2022 | Associates and Bruce L. Scheiner

Motorists in 2022 are facing a perfect storm of factors that make collisions with semis and large commercial trucks more likely than ever before. This is a particularly critical safety issue because of the extreme risks faced by occupants of passenger vehicles, many of whom are seriously injured or killed when a collision occurs with a tractor-trailer or other large commercial truck. Bicyclists and pedestrians are even more imperiled, as their size disadvantage and lack of a safety cage leave them especially vulnerable during impact.

Despite the well-known risks, trucking collisions are occurring at record levels. Several elements are to blame:

The supply-chain constraints caused by the coronavirus pandemic have put record numbers of overworked truckers on the road.
A nationwide shortage of 100,000 truckers continues to grow as industry consolidation reduces pay and degrades working conditions.
Emergency orders meant to ease supply chains have permitted younger, less experienced truckers to cross state lines.
Large trucking companies are attempting to address the shortage by offering their own training programs and forcing new truckers to work off the debt.
Regulators in the United States have failed to keep pace with some life-saving safety mandates already enforced throughout much of the developed world, including the use of improved underride guards, side underride guards, speed limiters, date recorders, and electronic log books.
The internet economy continues to push an increasing number of large delivery vehicles into local neighborhoods, where streets are not designed for such traffic and bicyclists and pedestrians face additional risks.

Florida’s Free-Kill Law Targeted by Wrongful Death Advocates

October 28, 2019 | Associates and Bruce L. Scheiner

Wrongful death lawsuits are distinct in a number of ways under Florida law. Unlike personal injury lawsuits, which are filed by the victim, wrongful death lawsuits must be filed by the estate of the deceased, and must seek recoverable damages on the part of one of more living parties.

The Sarasota Herald-Tribune recently looked at a gap in Florida wrongful death law, which may leave young, single adults over the age of 25 without a party that can bring an actionable claim for damages in the wake of a negligent death.

Our wrongful death attorneys in Fort Myers and Cape Coral know many of the same law firms that advertise representation of personal injury victims, also handle wrongful death claims. However, victims need to understand that these two claims are vastly different, both in terms of proving damages and in how they are pursued in a court of law.

Personal Injury and Wrongful Death Risks in SWFL

July 7, 2019 | Associates and Bruce L. Scheiner

Florida has been named the third most-dangerous state in America.

ABC News reports Florida ranked 48th safest in a study that looked at five factors: Personal and residential safety, financial safety, road safety, workplace safety and emergency preparedness. Only Louisiana and Mississippi ranked worse.

The annual WalletHub report looked at a total of 52 key indicators, including homicides and assault, unemployment levels, and the impact of natural disasters.

Injury lawyers in Fort Myers and Cape Coral know Florida residents continue to be most impacted by road safety. Florida ranked almost dead last for traffic safety and reports the highest levels of traffic fatalities for pedestrian accidents, bicycle accidents and motorcycle accidents, while ranking behind only California and Texas when it comes to drunk driving accidents, car accidents and accidents involving trucks or other large commercial vehicles, according to annual data released by the National Highway Traffic Safety Administration.

Wrongful Death Lawsuit Thwarted by Untimely Filing

January 5, 2018 | Associates and Bruce L. Scheiner

Florida wrongful death lawsuits can be tricky matters when it comes to who has the right to sue. One can pursue a claim as a representative of decedent’s estate or they can pursue action as a survivor of decedent. Claims by survivors may result in higher damage awards, depending on the circumstances, because there are different types of damages one can assert. Those with a right to claim damages as a survivor generally include (in descending order) the decedent’s:

Spouse;
Children (particularly those under 25);
Parents;
Siblings or other blood/ adoptive relatives who were at least partially dependent on decedent for support or services.

Still, it is incumbent on those who have the right to pursue such a claim to do so in a timely manner. For example, a spouse may have statutory priority over a decedent’s parents in a wrongful death claim, but unless the spouse actually files the claim within the wrongful death statute of limitations (2 years in Florida), they may not be able to successfully challenge a prior claim, settlement or verdict.

Such was the case in a matter recently before the Tennessee Supreme Court. According to court records, the mother of an unmarried man who died in handcuffs while in the custody of a retail store was able to secure a wrongful death lawsuit settlement in 2010, claiming to be the sole heir of the decedent. However, 20 months after the case was dismissed in lieu of that settlement, a woman who reportedly gave birth to decedent’s child filed a motion to set that order aside and substitute her (as her child’s representative) as the real party in interest, allowing the claim to relate back to the original filing. Continue reading ›

Is Anyone Liable After Mass Shootings?

November 15, 2017 | Associates and Bruce L. Scheiner

It seems every other week, another mass shooting is in the headlines. No matter where you stand on the contentious gun control issue, pretty much everyone can agree these incidents are tragic. They leave families not only bereft, but often drowning financially. Those we lose are often people in their prime, wage-earners who help support their families. Those who survive may incur astronomical medical bills and endure months-long recovery or lifelong disability.

But aside from the shooters in these incidents, is there anyone really to blame? The gunmen in these cases (and they are almost always men) often commit suicide or are killed. If they do survive, their punishment will be handled within the criminal justice system. That case could be accompanied with an order of restitution, but it’s often not nearly enough to cover the damages of so many – and that assumes defendant would ever be able to pay it. Unlike a car accident or a dog bite or slip-and-fall at a store, intentional acts of violence are generally not covered by insurance companies. It’s an almost universal exclusion.

Pretty much the only way victims of crime can seek compensation is through third-party liability, usually on the theory of premises liability. This theory holds that property owners knew or should have reasonably foreseen the risk of such a violent act and taken reasonable steps to prevent it. Continue reading ›

School Board, Teacher, Face Florida Wrongful Death Lawsuit in Teen’s Suicide

October 5, 2017 | Associates and Bruce L. Scheiner

In most Florida wrongful death lawsuits, it’s often a simple matter to link defendant (the person alleged to be legally at-fault) with the conduct that resulted in death. For example: A drunk driver swerves off the road and slams into a tree, killing a passenger. The defendant’s negligent conduct caused the passenger’s death.

It can get complicated, though, when we’re dealing with liability for a loved one’s suicide. This is where that causal link (referred to in court as “causation”) becomes difficult to prove. A person who commits suicide is the direct cause of his or her own death. But the question becomes: Was defendant’s action or inaction a substantial factor in decedent’s suicide? Courts will also ask whether decedent’s actions were reasonably foreseeable. There are no hard-and-fast rules for when a defendant may be legally liable for someone else’s suicide, but we have noticed an increase in such cases.

Recently in Wakulla County, the parents of a 15-year-old who tragically committed suicide have filed a wrongful death lawsuit against the school and one of his middle school teachers. The lawsuit alleges the teacher and the school are party to blame for the teen’s death following allegations of inappropriate contact between the teacher and the 8th-grader. Continue reading ›

Florida Wrongful Death Statute of Limitations Must be Met

September 5, 2017 | Associates and Bruce L. Scheiner

When personal injury or wrongful death is caused by the reckless or careless actions of another, a negligence action may allow those affected to recover damages. However, plaintiffs (those who were wronged) need to pay careful attention to the statute of limitations in their case. That means knowing exactly what kind of case they have, who the defendant is and when the cause of action occurred.

A good wrongful death attorney can help you navigate this complex field of law to ascertain what your rights are and when you must act. Failure to take action within the allotted time will result in total forfeiture of the claim. A plaintiff might have the strongest case ever, but if it isn’t timely filed, it will be forever barred.

A recent case out of Alaska had this unfortunate outcome, illustrating why it’s so important to seek prompt legal assistance with your case. Alaska, like Florida has strict limitations when it comes to when a personal injury or wrongful death claim can be filed. In Florida, F.S. 95.11 prohibits any personal injury lawsuit from being filed after four years of the cause of action (time of injury) or two years for any wrongful death action. Alaska also has a two-year statute of limitations on wrongful death cases. The time limit varies from state-to-state. Continue reading ›