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.more Intentional Tort Claims Are About Personal Accountability

In this case, decedent’s mother told The Florida-Times Union the verdict against the men (all but one of whom has since been released from prison, the other two guilty of accessory after the fact) was important because, “If (they) get a dime, it is not going to be (their) dime. It will be (her) dime.”

This argument that devolved into tragedy reportedly began over whether to open a car window. The group of friends had just left a nightclub. The alleged shooter pulled out a firearm and repeatedly demanded her silence. There were different stories about what happened from there. The shooter said the firearm “went off” by accident. Decedent was struck in the head and died almost instantly. The vehicle occupants took her body to a nearby wooded area to hide it and later lied to investigators. She was found days later by people searching for scrap metal.

The criminal cases took place separate and apart from the civil wrongful death lawsuits against three defendants in the car that night. Another claim against the owner of the vehicle, an aunt to one of the suspects, was settled prior to trial.

The court approved punitive damages, F.S. 768.72. As Fort Lauderdale wrongful death attorneys can explain, punitive damages are only permitted in injury cases where there is “clear and convincing evidence” the defendant was personally either guilty of intentional misconduct or gross negligence. Intentional misconduct is described as a situation wherein a defendant knew the conduct was wrong and that there was a high likelihood it would result in injury or damage and carried out the conduct anyway. (Punitive damages can also be imposed on employers, principles, corporations or other legal entities in some circumstances.)

Punitive damages alone in this case amounted to $200 million.

If you are injured in a violent criminal attack, we urge you to discuss your civil litigation options with an experienced personal injury or wrongful death attorney. Criminal prosecutors will pursue action against defendant for violating state or federal laws. Our wrongful death attorneys work solely for you.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

Jacksonville jury awards almost $500 million to family of Kalil McCoy, Jan. 15, 2019, By Dan Scanlan, The Florida Times-Union

More Blog Entries:

When Your Florida DUI Injury Lawsuit Conflicts With Criminal Proceedings, Nov. 4, 2018, Fort Lauderdale Wrongful Death Attorneys Blog

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.more

Fort Lauderdale truck accident attorneys are heartbroken at this stunning loss of vibrant young lives of those who sought only to appreciate the beauty of our state. As long-time wrongful death lawyers, we know full well the devastating injuries and losses that result when these types of large vehicles are involved in South Florida collisions. It comes down largely to the size differential between these large loads and the smaller passenger vehicles more ubiquitous on our roads.

It’s worth noting that with rear-end collisions, courts in Florida have held there is a presumption of negligence by the driver in the rear (though this presumption is rebuttable). As noted in the 2001 Florida Supreme Court decision of Clampitt v. Sales, even a merely “abrupt stop” isn’t enough to overcome the presumption of negligence, as drivers are expected to maintain a safe distance from the vehicle in front of them. Typically, the stop made by the vehicle in front must be “arbitrary.” In this case, a vehicle stopped to wait for a safe time to make a left turn is not stopped “arbitrarily.”

The Federal Motor Carrier Safety Administration reports in its most recent Large Truck and Bus Crash Facts report that in 2016, a total of 4,440 large trucks and buses were involved in deadly crashes, which was a 2 percent uptick from the year before. It’s also nearly a 30 percent increase from the statistical low of 3,430 in 2009.

Of the roughly 475,000 police-reported crashes involving large trucks, less than 1 percent were fatal, but that still amounted to nearly 3,900 deaths. More than 80 percent of these deaths were those not in the truck, but rather those in passenger vehicles, on bicycles or walking. Further, 22 percent – or 104,000 – resulted in injury. Anytime large trucks are involved, the resulting injuries are likely to be serious, mostly thanks to the disparate size of the vehicles involved. This is exacerbated if one or both vehicles involved is speeding or traveling too fast for the road conditions.

In this case, according to the Miami Herald, the European victims, all 30- and 31-year-old women, were killed on a two-mile stretch of the Keys highway where accidents are so frequent, the Monroe County Sheriff asked the Florida Department of Transportation to reduce the speed limit from 55 mph to 45 mph. FDOT initially denied the request, but later agreed to lower it – for now – to 50 mph. The sheriff speculated the reason for the high number of crashes is that it’s a popular spot for people to pull over to launch boats, take pictures, swim, fish, paddle and picnic.

Call Fort Lauderdale Injury Attorney Richard Ansara at (954) 761-4011. Serving Broward, Miami-Dade and Palm Beach counties.

Additional Resources:

‘Equivalent to manslaughter.’ Families of Spanish tourists sue truck driver, employer, July 6, 2018, By David Goodhue, The Miami Herald

More Blog Entries:

Florida Shooting Victims File Venue and Event Liability Claims, Sept. 14, 2018, Fort Lauderdale Wrongful Death Attorney Blog