Personal Injury Blog

Your Relationship with the Deceased in a Florida Wrongful Death Claim

The value of your Florida wrongful death claim depends largely on your relationship with the deceased. A Florida wrongful death lawyer from Lilly, O’Toole & Brown can investigate your case to determine who is responsible for your loved one’s death and the types of compensation to which you and your family may be entitled. Contact us today – 1-863-683-1111

Widower Awarded $5.1 Million in Florida Truck Accident Claim

In Florida, if someone is killed in a truck accident due to another driver’s negligence, the surviving members of the victim’s family can sue for compensatory damages in a wrongful death claim. To learn more about filing your wrongful death claim, you should enlist the help of a skilled Central Florida wrongful death lawyer at Lilly, O’Toole, & Brown - (863) 533-5525.

The Basics of Filing a Florida Wrongful Death Lawsuit

Many of the fatal accidents that occur in Central Florida are the direct result of another driver’s negligence. If you have lost a loved one to a car accident that could have been prevented, you will want to learn more about filing a wrongful death claim. Enlist the help of a skilled Central Florida wrongful death lawyer at Lilly, O’Toole, & Brown - (863) 533-5525.

Florida Wrongful Death Claim

In a wrongful death lawsuit, the plaintiff makes a claim against a person who can be held liable for a death.  A wrongful death claim is considered a civil action and is usually filed by close relatives to the person who was killed. 

The standard of proof in a wrongful death lawsuit in Florida is usually preponderance of the evidence instead of beyond a reasonable doubt.  That is why it is easier for families to pursue retribution against someone responsible for their loved one’s death in a wrongful death suit than it is through criminal prosecution.  However, if someone is found guilty of causing a person’s death, the family can still pursue a civil lawsuit in a wrongful death action.  For example, O.J. Simpson was acquitted in the death of Nicole Simpson and Ron Goldman, but in 1997 a judgment against Simpson for their wrongful deaths was awarded in civil court by a jury.

A wrongful death can be caused by a car accident, doctor negligence, hospital error, nursing home abuse or even a defective product.  If you have lost a loved one and you are not sure if you have a wrongful death claim, you should contact a Florida wrongful death lawyer who can review your case.  The lawyers and staff at Lilly, O'Toole, & Brown LLP, have significant experience handling wrongful death actions and can help you.  Call (863) 683-1111 today.

A Moment's Negligence Claims the Life of 5-year-old Hope Wheeler

Hope Wheeler died on Tuesday as a result of a motor vehicle crash in Lakeland, Florida.  She was in a minivan with her father, Richard, her mother, Camille, and her sisters Katherine and Regan. 

Hope was 5, Katherine 7 and Regan 3.  Apparently, the driver of the other car, Joseph Dziadon was driving on Old Kathleen Road, passing other cars and ran a stop sign.  The crash happened on Sunday as the family was driving to First Baptist Church at the Mall. 

What a horrible tragedy that could have been averted if everyone took a little more time to drive and made sure they were aware of their surroundings, maybe this type of tragedy would not happen so often.  Be aware of speed limits, road signs and traffic around you.  Driving a car is a huge responsibility and should be considered as such.

BABY DIES IN CAR IN UNSECURED INFANT CARRIER

Twenty-year-old Heidi Alexis was driving in Miramar on Sunday and struck a concrete pole. She suffered non-life-threatening injuries and should be fine. However, her nine month old daughter will not, as she died in the crash.

The baby was in an infant car carrier, but the car carrier was not restrained and offered little protection.

Florida law requires children to be restrained at all times while in a car. Often local law enforcement agencies will provide inspections of the secured infant carrier to insure it is done correctly. Additionally, a person can contact their local law enforcement, who will inspect to insure the carrier is properly secured. It only takes a short period of time and will help keep your children secure.

Woman Dies When Hit By Car in Davenport

Lisa Rielly of Davenport was arrested early Monday morning after allegedly hitting and killing Jennifer Prokap when Rielly’s SUV went into the grass on U.S. 27. The impact was so great that Prokap was knocked out of her shoes and flew more than 70 feet in the air.

Prokap was pregnant and has 2 other children as well. She was apparently leaving work and walking to the Kangaroo convenience store.

Lilly, O’Toole & Brown represents victims of wrongful death like this almost daily. It is always dangerous to be on the side of the road. Be careful of your surroundings and walk as far from passing traffic as possible to lessen the chances of impact.

Anthony Smith Struck, Killed by Train

Saturday morning around 8 a.m. Anthony Smith was walking along the train tracks when he was struck and killed by an eastbound CSX freight train.
Apparently the train blew it’s warning horn several times but Smith did not react to it. The train applied emergency brakes but was unable to stop.
Given the massive tonnage of a freight train and the relatively short distance in which the train could stop, it is no surprise the train was unable to stop in time. While it appears there is no liability on the part of CSX, it is interesting to note what could have happened if the recent CSX shenanigans had continued and there was some liability.
Many months ago CSX was attempting to carve out a special loophole for itself in Florida law, one that would exempt CSX from any liability when it is negligent and causes injury or death to a person. If that deal had gone through there would not even need to be an investigation involving the tragic death of Anthony Smith because CSX would just point to their immunity and say “too bad”.

Tampa Jury Awards $12M Against Tampa General in Death of Infant

A Tampa jury awarded a mother and father $12,000,000.00 as a result of the death of their baby at Tampa General Hospital.

The parents were apparently told that a surgeon was available at Tampa General Hospital who could help care for their very premature baby. The baby was transported from Polk County to Tampa General and only after several days at the hospital was the family informed that Tampa General had no such surgeon available.

How can this sort of thing happen? Were the parents told no surgeon was available? If so, why was the baby transported there instead of some other facility that may have been able to save the baby’s life? The hospital is appealing the judgment, so the story is not over.