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Showing posts with label Wrongful Death. Show all posts
Showing posts with label Wrongful Death. Show all posts

Wednesday, February 13, 2013

Do You Have A Wrongful Death Suit?

The Florida Wrongful Death Act awards damages to family members for a loved one's wrongful death. For example, surviving family members can recover money for lost support and services with interest from the date of the deceased's injury to their death. Plus, survivors can also collect Florida wrongful death damages for future loss of support and services. In order to determine the amount for lost support, many factors will be taken into consideration including the following...

  • The replacement value of your lost loved one's services
  • Relationship between the survivor and the deceased
  • Amount of the deceased's net income available to the survivor

Also, to determine future losses, the life expectancy of both the deceased and the survivors will be evaluated. When minor children are involved, their ages will be taken into consideration as well.

Under the Florida Wrongful Death Act a surviving husband or wife can collect wrongful death damages for loss of companionship and mental anguish. In addition, minor children and all children, if there is no surviving spouse, can seek compensation for loss of guidance and companionship as well as mental suffering. Parents of a deceased child can also seek compensation for mental anguish. The survivor who has paid for medical and funeral bills can recover these expenses.

If your loved one has died because of another's carelessness or negligence, a knowledgeable wrongful death attorney is what you need to ensure that you are awarded compensation for your loved one's loss. Contact Florida Personal Injury Attorney Jeffrey Sexton at 407-293-1144.

Friday, August 3, 2012

Astronaut Loses Life In Jet Ski Accident

Sadly, retired NASA astronaut Captain Alan Poindexter was killed after a jet ski operated by his son, Zachary, collided with the jet ski Capt. Poindexter was riding. Reports stated that both of the jet skis were in motion when the astronaut suddenly stopped. His son did not see him and the jet skis collided, striking the Captain.

Regrettably, this type of accident is not uncommon. The Florida Fish and Wildlife Conservation Commission stated in a 2011 report that personal water crafts were involved in 22% of reported boating accidents. Of those accidents, 7 fatalities were reported.

It's important to follow safety rules and regulations when operating one of these vessels.

Water Ski Regulations from The Florida Fish and Wildlife Conservation Commission:
  • The operator of a vessel towing someone on skis or another aquaplaning device must either have an observer, in addition to the operator, on board who is attendant to the actions of the skier or have and use a wide-angle rear-view mirror.
  • No one may ski or aquaplane between the hours of 1/2 hour past sunset and 1/2 hour before sunrise.
  • No one may water ski or use another aquaplaning device unless they are wearing a U.S. Coast Guard-approved non-inflatable Type I, II, III, or V personal flotation device (PFD). Inflatable personal flotation devices are prohibited for skiing/aquaplaning.
  • No one may ski or use another aquaplaning device while impaired by alcohol or other drugs.
  • The operator of a vessel towing a skier may not pull the skier close enough to a fixed object or another vessel that there is risk of collision.
If you or a loved one has been injured in an accident, or if a loved one has been killed, contact Florida Personal Injury Attorney Jeffrey B. Sexton any time, day or night.

Thursday, May 31, 2012

Pool Safety This Summer

With warm weather here, people are able to spend more time outdoors doing activities they love such as playing sports, barbecuing, or swimming. Spending time at the pool with your family can be a wonderful way to cool off; however, taking your eyes off of your child for just a moment can be life changing.

Each year, far too many children are victims of drownings or near drownings. Below are just a few steps every adult should exercise when watching children in, or around a pool.

  • Be sure that your pool is fenced in and has a self latching gate. 
  • Pool toys and floaties are not life jackets and should never be substituted for supervision by an adult. 
  • Assign an adult to supervise the children. Whether there is one or many adults in the immediate area, be sure that at least one knows they are keeping an eye on the kids. 
  • Remove the children from the pool area if you are going to be distracted, even for just a moment. 
  • Do not over crowd your pool with toys that float on the surface, be sure that you can see any children in the pool clearly, without obstruction. 
Two summers ago, there was a case in which a nine year old girl had drowned at a pool party. While there were plenty of adults around the pool area to watch the children, no one was specifically assigned to the task. Since the adults were so distracted by their own conversation, they failed to notice that the young girl had jumped off of the diving board-- and did not resurface. Once it occurred to the adults that the girl was missing; they wasted valuable time searching for her in the home-- not realizing because of all of the pool toys and rafts floating on the surface, that the girl was lifeless at the bottom of the pool. This situation was completely avoidable.

In addition to these suggestions, make sure that there aren’t any objects your child could use to gain access to a neighbor’s pool. You could the most secured and childproofed swimming pool but a ladder or jungle gym too close to a fence could give a determined child an entry way into a either their own pool or neighbor’s yard.

During the summer of 2010, a six and three year old accessed their neighbor’s pool and drowned, even with the neighbor’s pool fenced and gated. It is unknown how the children were able to access the pool, however, they were seen playing with a stepladder in their own backyard before the accident occurred.

Drowning is the second leading cause of death for children ages one to 14 years old. In 2007, there were 3,443 fatal unintentional drownings in the United States. When a drowning is non fatal, the child can suffer from brain damage that may involve long term disabilities such as learning disabilities, memory problems, and permanent loss of basic functioning. Don’t let your child become another statistic this summer. Child drownings are preventable and it all starts with a responsible adult.