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Articles Posted in Wrongful Death

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Most Common Types of Wrongful Death Claims

The unexpected loss of a loved one can have devastating effects on individuals and their families, especially when the death was caused by negligent or wrongful acts. Victims who prematurely lose someone they love, often suffer from long-term emotional trauma and psychological problems, in addition to financial stress that can…

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Speeding and Aggressive Driving Are Major Causes of Florida Car Accidents

After a car accident, injury victims and their family members who wish to recover compensation for their damages must understand their rights and potential remedies. Establishing fault after a Florida car accident is the most critical aspect of a personal injury claim. Typically if the other motorist’s negligence, carelessness, or…

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Florida Court Finds Hotel Did Not Owe Guest a Duty of Care in Recent Wrongful Death Case

Property owners owe guests a duty to ensure that their property is reasonably safe. The extent of the duty a landowner owes to a guest, however, will depend on the reason for the guest’s visit. Under Florida slip and fall law, invitees are owed the greatest duty, while trespassers are…

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Court Determines Liability Release Waiver Did Not Prevent Plaintiff’s Claim in Recent Florida Wrongful Death Case

Last month, a state appellate court issued an opinion in a Florida wrongful death case discussing the permissible scope of a liability release waiver and whether such a waiver can prevent a plaintiff from pursuing a claim of gross negligence against a defendant. Ultimately, the court concluded that the plaintiff’s…

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Florida’s High Court Rejects Court-Imposed Cap on Wrongful Death Damages

In a recent Florida wrongful death case, the Florida Supreme Court reversed an intermediate appellate court’s decision that placed a limit on the amount of damages that a person could obtain through a wrongful death lawsuit. The Facts The specific facts of the case are less important than its holding.…

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Florida Supreme Court Resolves Conflict Regarding the Duty Owed by Psychotherapists to Patients

In a long-awaited decision, Chirillo v. Granicz, the Supreme Court of Florida provided much-needed clarity on the thorny question of the liability that may extend to a psychotherapist for his or her patient’s suicide. The decision resolves conflicting rulings from two of Florida’s Courts of Appeal and provides coherent guidance to…

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Florida Fourth District Court of Appeal Addresses Seatbelt Comparative Negligence Defense

In a recent decision, Jones v. Alayon, Florida’s Fourth District Court of Appeal addressed several questions arising from trial in an auto accident negligence case. At trial, the jury found that the decedent was, in part, responsible for his death because the evidence established he had not been wearing a…

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