Articles Tagged with wrongful death attorneys

In what is believed to be one of the largest Florida wrongful death awards in the state’s history, three of the men convicted in connection with the shooting death of a 19-year-old former classmate have been ordered to pay $500 million. Of course, as our Fort Lauderdale wrongful death attorneys can explain, it’s highly unlikely her family will receive anything close to that, as the claims were based on an intentional tort, for which insurers will not pay. What it does, as her family’s wrongful death attorney explained, is hold the men personally liable financially.Fort Lauderdale wrongful death attorneys

Most Florida wrongful death or injury claims stemming from an assault or battery are filed against third parties for torts of negligence such as inadequate security. Liability insurers often will provide coverage (at least theoretically) for negligent acts that made plaintiff/decedent vulnerable to a criminal attack. Direct claims can be filed against a person for offenses like assault, false imprisonment, battery and homicide, meaning their personal assets and earnings will be subject to collection to fulfill the judgment. It is different than restitution, which is ordered by criminal courts.

In some cases, wrongful death attorneys will advise against pursuing an intentional tort claim against the attacker/wrongdoer unless he or she is independently wealthy. The reason is there may be no real gain even if the jury awards you a substantial sum. Plus, personal injury and wrongful death debts can sometimes be discharged in a subsequent bankruptcy proceeding. However, crime victims may have power in that scenario as a “creditor” in an adversary proceeding, asking the bankruptcy court to declare an ordinarily dischargeable debt instead nondischargeable. Injury or wrongful death verdicts resulting from the bankruptcy petitioner’s willful or malicious acts can be grounds for the court to deny discharge of this debt. Continue reading

Families of four tourists who died in a South Florida truck accident are seeking damages in a negligence lawsuit filed in a federal court against the company that employed the truck driver who struck the tourists’ vehicle in a rear-end collision. The impact launched the women’s car into oncoming traffic, where they were again struck, killing them all instantly.Fort Lauderdale truck accident attorney

The Miami Herald reports the women were attempting to make a left turn on Tea Table Bridge in the Florida Keys in March. As they waited to make their turn, the large truck hauling portable toilets hit them from behind, propelling their small car into the opposing lane, where it was then struck by the driver of a mobile home. The women were all wearing their seat belts, but according to state highway patrol investigators, it didn’t matter because the impact to the passenger side was so severe and so deep. It was so horrific that it was only once the troopers had cleared the scene they discovered the body of the fourth victim inside the vehicle. They had been visiting from Spain. The driver of the truck that rear-ended them was given a citation for careless driving. Continue reading

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