wrongful death lawyer

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 ›

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 ›

Amusement Park Wrongful Death Lawsuit Heads Back to Trial Court

August 23, 2017 | Associates and Bruce L. Scheiner

A defendant amusement park missed the deadline to seek compensation from the school of an 11-year-old girl killed in accident at the park, but it can still try to prove the school was partially negligent in a pending trial brought by the girl’s parents.

That’s according to a recent ruling by the New Jersey Supreme Court. The decision was notable for the fact that it holds third-party claims against the government to the same standards for tort claim notice as first-party claims. In New Jersey, there is a 90-day deadline to file a notice – starting at the time of a victim’s death – to the defendant government agency and its subdivisions. Still, it’s a disappointing outcome for the plaintiff parents because the ruling will allow defendant amusement park to present evidence of the school’s potential liability, which could reduce its own liability and ultimately reduce damages awarded to plaintiffs.

The tragic events that spurred this case began in 2011, when the girl was on a school field trip hosted for honor roll students. The trip was organized by the school. She died after falling approximately 150 feet from a large Ferris wheel. Two years after the fifth-grader’s death, within the statute of limitations for wrongful death cases, her parents filed their wrongful death lawsuit. Continue reading ›

Window Cord Strangulation, Choking Hazards Finally Prompts CPSC Action

November 25, 2015 | Associates and Bruce L. Scheiner

For more than three decades, child safety advocates have been advancing awareness of a serious problem in homes with young children: Window blind cords.

The window covering industry started back in 1985 raising awareness of the issue. However, manufacturers never took action to eliminate the risk – as was in their power to do – by scrapping the current model in favor of cordless blinds. Although such products do exist, a recent investigation by ABC News found that retailer employees are not well-educated in informing parents about which blinds are safe for small children.

Although officials with the Consumer Product Safety Commission (CPSC) have for years said they could not outright ban a dangerous product without initiating a lengthy process, they are now initiating just that. The chairman of the agency was quoted by ABC News as saying he wasn’t sure why the industry had failed to take these dangerous products off the market, “Other than greed.” Continue reading ›

Minden v. Atain Specialty Ins. Co. – Bar Fight Liability Lawsuit

June 27, 2015 | Associates and Bruce L. Scheiner

When criminal attacks occur, we expect there will be a criminal case against those responsible. However, in many cases, there may be a civil claim for liability not only against the attacker, but also against the property owner.

Under premises liability law, property owners and those who manage certain properties owe a duty to guests to maintain that property in reasonably safe condition.When dangers are known, knowable or foreseeable, these entities have a duty to protect people against them to a reasonable extent.

In a bar setting, that typically means having the means to manage security, particularly as it’s understood patrons will be consuming alcohol and may not be using reasonable judgment.