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Florida wrongful death actions – Palm Beach Post

By Theodore Babbitt

The rights available because of death caused by negligence vary from state to state. In Florida, the right to recover after a family member or loved one dies because of negligence is spelled out in Florida Statute section 768.21 and focuses on compensating those who survive the decedent. Persons who may be able to recover under the wrongful death statute include spouses, children and parents, others dependent on the decedent for support, as well as the personal representative for the benefit of the deceased’s estate.Damages include loss of support, lost earnings, and the mental pain and suffering of survivors because of the untimely death.In Medical Malpractice Actions there are limitations on eligible survivors. For example, when the decedent is a parent, the adult children (over the age of 25) do not have a claim. In addition, in Medical Malpractice Actions, when the decedent is an adult child, the parents of the decedent do not have a claimWhether someone dies due to negligence of another or because of a defective product or drug, those left behind have questions and need help. While filing a wrongful death claim will not bring back a loved one, it can help to provide financial relief to those survivors and loved ones left to grieve. Talk to an experienced wrongful death attorney about your options.

Theodore Babbitt is the founding partner in the trial firm Babbitt, Johnson, Osborne & LeClainche. Mr. Babbitt is a former President of the Palm Beach County Bar Association and a member of Inner Circle of Advocates. He has written over 100 articles, chaired numerous professional committees, and been listed for more than 20 years in The Best Lawyers in America.
Babbitt, Johnson, Osborne & [...]

By |December 27th, 2012|News|Comments Off on Florida wrongful death actions – Palm Beach Post|

NeJame: Wrongful death lawsuit coming against Lake deputies – Central Florida News 13

The Lake County Sheriff’s Office could soon face a major lawsuit in the death of Andrew Scott.
Mark NeJame, a high-profile attorney, said the family intends to sue for maximum damages for the wrongful shooting and death by deputies.
Scott, 26, was shot after opening the door armed with a gun on July 15. Deputies said he pointed the gun at them and they opened fire.
“They were hiding on the side when they opened fire on him,” NeJame said. “There was no opportunity for him to identify who he was or to ascertain who they were.”
At least five bullet holes were found in the front door.
NeJame said the angle of the bullet holes show that deputies were not standing in a way to properly announce who they are.
He said the Lake County Sheriff’s Office has been going back and forth on their story of what actually happened. Did deputies announce themselves or did they just open fire once Scott came to the door?
“It shows that when they saw the gun, they just immediately started shooting. Remember, he never got a shot off. So, if he was planning on just shooting away, he would have shot first. He would have opened the door and shot,” NeJame said.
Instead, NeJame said up to eight bullets may have been fired altogether at the wrong suspect and in the wrong apartment.
The bullets pierced through the living room and into the bedroom closet, while Scott’s fiancée watched.
“They overreacted all those many times,” NeJame said. “One shot is horrendous, but they overreacted five to eight times.”
NeJame said the deputies clearly broke the law and cited a Supreme Court case that [...]

By |August 8th, 2012|News|Comments Off on NeJame: Wrongful death lawsuit coming against Lake deputies – Central Florida News 13|