A wrongful death lawsuit allows a family to hold a wrongdoer financially accountable for causing a loved ones death. Florida wrongful death lawsuits are controlled by The Florida Wrongful Death Act. Under the Florida statute, when a person dies as a result of someone else's negligence, the pain and suffering of the person involved in the fatal accident is not recoverable. Instead, the Wrongful Death Statute creates a claim on behalf of the Estate of the person that died and the person's survivors. The damages recoverable are described in Section 768.21 Florida Statutes.
The Estate of the person that died is entitled to damages for the economic losses of the Estate. Those losses include funeral expenses, medical bills caused by the death, and the amount of net income the decedent would have saved over his or her lifetime.

Certain survivors of the person involved in the fatal accident are also entitled to damages. For example, a surviving spouse may recover for loss of the decedent's companionship and protection and for mental pain and suffering. Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may recover for lost parental companionship, instruction, and guidance and for mental pain and suffering. If the decedent was an adult without children or a spouse, then each parent of the adult child may recover for mental pain and suffering. If the decedent was a minor that was not married, the parents also may recover for mental pain and suffering.

Not all of the above damages are available in every case. Therefore, a Florida wrongful death lawyer will interview the family and friends of the person that died. The attorney will then compare the information obtained from the interviews with the damages allowed under the wrongful death statute to determine what damages are recoverable in a particular case.

Posted by Scott Distasio at 10:19 AM | Permalink | Comments (0)

In September of 2008, a Florida jury returned a verdict in a wrongful death lawsuit in favor of a family and against a company that improperly loaded a truck. Because the truck was improperly loaded, a 34 pound metal plate flew out of the back of the truck and through the windshield of the car following the truck. The metal plate struck the 43 year old woman driving the car, killing her. It is not surprising that the jury returned a verdict against the company that loaded the truck and awarded money to the woman's family. The surprising part of the case is the fact that the jury decided the woman that was killed was 72% at fault for the accident. As a result, the amount of money awarded was reduced by the percentage of the woman's negligence.
It is unclear from the reports how the jury could have come to this conclusion. The reports of how the auto accident happened did not provide any description of the location and speed of the vehicles. So I cannot comment further on the jury's decision making process. However, I cannot imagine how someone that is driving along minding their own business could have any responsibility for not avoiding a metal plate flying out of the back of a truck, through the air, and through their windshield. It is simply not something the average driver would expect. Furthermore, it does not seem possible that the average driver's reaction time would be quick enough to avoid the object.
The result may be due to the success the tort reform movement has had in poisoning the minds of potential jurors. It also may be that there are facts not reported on that would lead anyone to the same result. Either way, the verdict demonstrates the uncertainty of trial by jury.

At Distasio Law Firm we handle wrongful death and auto accident cases.

Scott DistasioTampa Personal Injury Lawyer

DISTASIO LAW FIRM
HELPING INJURED PEOPLE
888-595-0022

Posted by Scott Distasio at 9:08 AM | Permalink | Comments (0)

According to an article written by Diane Chun and published by the Gainesville Sun, 3 year old Sebastian Ferreros died in October of 2007 of a drug overdose. On Wednesday, August 13, 2008, Edna Irizarry, the pharmacist that filled the prescription, agreed to pay a fine of $1000.00 and investigation costs of approximately $2460 for her role in the boy's death. The payments were part of a plea agreement with the Florida Board of Pharmacy that also requires Irizarry to attend an eight hour course.

The overdose occurred while Sebastian's physicians were trying to determine if he was growing properly. As part of a routine test, he was supposed to receive 5.75 grams of the amino acid arginine. Irizarry was the pharmacist that filled the prescription while working at the Shands Medical Plaza Pharmacy in Gainesville Florida. Unfortunately, the filled prescription contained more than 60 grams of the amino acid. Sebastian died two days after receiving the medication.

When a health care related professional makes a mistake, the State Board charged with regulating that particular professional investigates the event. The Board has the power to sanction the professional with penalties including fines, re-education, limiting practice areas, suspension, and even revocation of license. Irizarry's rather small penalty for her mistake is not unusual. Practitioners involved in mistakes that cause or contribute to death are often allowed to continue practicing. In this case, according to Gainesville Sun writer Diane Chun, the Board of Pharmacy agreed to Irizarry's monetary penalty because the blame did not lie with her alone. Instead it involved a "system breakdown" that involved multiple personnel.

Often the personal injury tort system works in conjuction with the states regulatory system. In this case, Sebastian's parents, Horst and Luisa Ferrero, brought a wrongful death lawsuit against the Shands Health Care System. The case was settled for $850,000.00. The Ferrero's have reportedly used the funds to campaign for a full-service children's hospital in Gainesville, start the Sebastian Ferrero Foundation, and work with The University of Florida College of Medicine to develop protocols to prevent similar accidents at Shands.

Scott Distasio
Florida Pharmacy Malpractice Lawyer

DISTASIO LAW FIRM
HELPING INJURED PEOPLE
OFFICES: TAMPA
888-595-0022

Florida Medication Error Lawyer

Posted by Scott Distasio at 5:38 PM | Permalink | Comments (0)