Wrongful Death Lawyer Blog

One person died and nine were injured in a three car crash that forced authorities to close the Dolphin Expressway early this morning, according to the Miami Herald.

Not a Good Morning for Commuters

The accident backed up traffic for miles, with only one lane being re-opened nearly two hours after the crash. Apparently it all started at around 6:45 a.m. when the driver of large red passenger van lost control at the 57th Avenue (Red Road) exit ramp, hit the yellow barrel-like crash attenuators and flipped over. Subsequently, two other vehicles hit the van: a silver pick up truck and a red car. Both of these vehicles sustained extensive damage.

Continue reading "Multiple Car Crash Closes The Dolphin Expressway (SR 836)" »

Florida legislators are considering a new law which would set limits to the liability nursing homes could face in wrongful death cases, according to the Sunshine News.

If approved, the new law would limit non-economic damages to $250,000.00 for a nursing home's first wrongful death case. Additionally, the new statute would not allow families seeking redress for wrongful death to be awarded punitive damages against the investors/owners of the nursing home, if these are not from Florida.

Good for Nursing Homes, Bad for Our Elderly

Among the supporters of the bill are the Florida Health Care Association and the Chamber of Commerce. Both these organizations say that nursing home operators could use the money they currently spend fending off lawsuits in providing better health care at the facilities. On the other hand, the groups that oppose the bill, among them the AARP and the Florida Justice Association, say that the bill does nothing for nursing home residents and only helps nursing homes by limiting the liability for which they should be held accountable.

Continue reading "New Florida Law Would Protect Nursing Home Owners At Elderly Patients Expense" »

A German Shepherd mix breed recently attacked three children in Homestead. Apparently, it was the guard dog at a business across the street from where the children live and the business was closed for the day. Subsequent police investigation showed that the dog dug a whole under the fence, ran across the street to where the children were playing and attacked them.

Saved his younger brother

As soon as they saw the dog charging at them, the two smaller boys hid under a vehicle parked nearby. Then the oldest, 7 year old Timo Perez, blocked the attacking dog with his body, not allowing it to reach his younger companions. The children's father heard their screams and grabbed a shovel, repeatedly hitting the dog until it left. Timo was bitten in his arm, shoulder and head and had to be taken to Miami Children's Hospital.

Continue reading "German Shepperd Attacks Children in Homestead" »

Florida legislators are considering a bill that would greatly limit nursing home's liability in wrongful death cases, according to an article in the Sunshine News.

Under the proposal, non-economic damages would be capped at $250,000.00 for any nursing home's first wrongful death case. Similarly, it would make it very difficult to punish a nursing home for it's conduct by awarding punitive damages or to go after out-of-state investors/owners of the nursing homes.

Good for Business, Bad for the Public

The bill has supporters and detractors. Groups that favor the bill (the Florida Health Care Association and the Chamber of Commerce) say that it would help nursing home operators save money currently spent fending off lawsuits and allow instead for it to be spent by the home in providing better health care at the facilities. Detractors (the AARP and the Florida Justice Association) state that nothing in the bill helps nursing home residents and that, instead, it only helps the nursing homes by limiting the liability for which they should be held responsible.

Continue reading "Florida Lawmakers Consider Shielding Nursing Home Owners" »

The drought is here...again. After a couple of years with reasonably abundant rainy seasons it seems like this year is going to be one of the driest South Florida has experienced in the last 80 years, at least according to the South Florida Water Management District.

Palm Beach County has already experienced 29 brush fires since December, as compared to only four during the same period last year. According to the forestry district, the number of brush fires in its Everglades District (which includes Miami-Dade, Broward and Palm Beach counties), is more than twice the number for the same period last year.

Lightning Not To Blame This Time

According to authorities, human activity (unattended camp fires, carelessly disposing of cigarets, etc.) is their main concern, not the traditional suspect: lightning...The drought creates the ideal scenario for brush or wildfires to start: considerable accumulation of very dry "underbrush" and dropping water table, which makes it very difficult for firefighters to find sources of water to use when combating the blaze. Therefore, authorities are asking the population to be extra careful with potential sources of fires when enjoying the outdoors.

Continue reading "Drought and Wildfires Threaten Properties in Palm Beach" »