In Florida, if someone’s negligence caused the death of your “adult child”, you may have a wrongful death case.
Any child 25 years of age or older is considered an “adult child” under the Act.
Under the Act, the parents are considered survivors in certain situations and therefore may be entitled to get money for mental pain and suffering.
[Read more…]
A parent may be entitled to compensation for mental pain and suffering if his or her “minor” child is killed because of someone’s negligence.
This is a sad topic. However, I will be talking about it here. (On another note, I’ve written about settlements for a child whose parent is killed in an accident.)
Not too long ago, people were searching to see what the payout would be after an alligator attacked and killed a boy at a Disney hotel.
[Read more…]
The recent Florida bridge collapse killed a father, Brandon Brownfield, who was survived by his 3 young girls (and his wife). Thus, people are wondering how much a minor child is entitled to if his or her parent is killed in an accident.
Alternatively, I wrote a separate article if a “minor child” was killed in an accident.
I wrote an article about the FIU bridge collapse where I gave an estimated value of the likely payout for each family.
However, this article focuses on a minor child’s right to compensation if his or her parent was killed in an accident.
In Florida, a “minor child” has a claim if someone’s negligence caused his or her parent’s death in Florida.
As much of the world knows, a two-year old boy (Lane Graves) was killed by an alligator at Disney. Specifically, the attack happened at the Seven Seas Lagoon at Disney World’s Grand Floridian hotel in Orlando.
The boy wasn’t eaten by the alligator. However, it bit and drowned him.
Here, I’ll explain why I think Disney may have paid around $10 million to the parents of the boy killed by the alligator.
This $10 million figure is my estimation. I haven’t seen any document that says that millions, or any amount, was paid to the parents for their pain and suffering.
On the other hand, the parents opened up a probate estate for the boy who was killed. A probate estate is usually only opened up for a child if the parents make (or settle) a wrongful death claim for the child’s death.
That being said, I wouldn’t be surprised if Disney paid $10 million to the parents. The full value of a wrongful case is much larger than most personal injury settlements. I will explain in detail in a moment.
Also, court records mention that the boy’s sister received over $50,000 as a settlement not too long after the incident. They don’t specifically say that Disney paid it. I’ll explain later.
I’ll discuss who paid the sister’s settlement in detail. [Read more…]
This article focuses on a spouse’s right to compensation for his or her spouse’s death.
In a moment, I will talk about the average payout for the death of a spouse in an accident case. But first we need to see what compensation a spouse is entitled to receive.
[Read more…]
This article focuses on how much an adult child’s claim may be worth if his or her parent is killed in an accident. We’ll look at real cases where courts commented on the value of an adult child’s pain and suffering.
I’ll also talk about other types of compensation that an adult child may be able to get.
However, the focus will be on the pain and suffering component of the wrongful death claim. This is because the pain and suffering part of the claim is often the highest valued part of an adult child’s wrongful death claim.
In Florida, “adult children” are children who are 25 or older. [Read more…]
A pedestrian walkway in Miami (near FIU) collapsed on March 15, 2018. Six people were killed. Also, eight people were injured.
My prayers go out to the families of those who were killed in this incident. This “accident” is a reminder of how precious life is.
I’m going to discuss the rights of the family members of those who are killed in a bridge collapse accident. This includes the family members of the drivers, passengers or worker who were killed in the collapse.
This incident could result in a verdict of over $90 million for the family members’ mental pain and suffering from the loss of their loved ones.
Let me be clear:
No one can predict with certainty whether the parties will settle. Likewise, no one can predict exactly how much a jury may award.
However, most wrongful death cases settle. The same is true for personal injury cases. These lawsuits will likely settle before trial.
Attorneys and insurance companies put a settlement value on wrongful cases. They do so by looking at how much juries have awarded for similar cases in the past.
That $90 million figure would apply if a jury awards punitive damages. I’ll discuss punitive damages later.
I give a breakdown of the full value of the wrongful death claims of each victim’s family in a moment. Each family members’ case has a different value.
I also discuss which victims’ family likely has the largest claim for pain and suffering compensation, and why.
If a “survivor” disagrees with the total settlement amount or the amount that each survivor gets, the personal representative must get court approval before the settlement is finalized. [Read more…]
The 2 main categories of damages that may be recovered if a family member is killed in an incident or accident in Florida: [Read more…]
Children of decedents are considered survivors under Florida’s Wrongful Death Act. Children of the decedent may recover some types of damages as “survivors.” [Read more…]