Florida Wrongful Death Act

We are quickly approaching the holiday season and soon we will begin the year of 2015! As we move into the fall and winter let us take a look at our local and national statistics so we can arrive alive during the bustling season of fun. Our dedication to safety and knowledge will provide you…

Florida Supreme Court Voids Cap on Non-Economic Damages

In April of this year, the Florida Supreme Court issued a major opinion regarding damage recovery in medical malpractice cases. It found that statutory caps on wrongful death non-economic damages were unconstitutional, violating the Equal Protection Clause of the Florida Constitution. The case originated from a pregnant woman named Michelle McCall, who received prenatal care…

Wrongful Death Lawsuits Against Government Agencies

When one thinks of wrongful death, the types of lawsuit that comes to mind might be ones against a company who makes a defective product that is responsible for the person’s death, or against a doctor and/or medical group due to medical malpractice that ends tragically. However, sometimes a wrongful death case may seem atypical….

Last Week Was a Bad Week for Big Tobacco

A jury in Pensacola, Florida returned a record verdict against tobacco company R.J. Reynolds. Cynthia Robinson brought the suit against R.J. Reynolds for the 1996 wrongful death of her husband, who was a longtime smoker. The jury awarded $16 million in compensatory damages and $23 billion in punitive damages. Wrongful death is a death that…

Sovereign Immunity in Wrongful Death Cases

In March 2008, University of Central Florida football player Ereck Plancher struggled to complete post-spring break conditioning drill. According to the Associated Press, former teammates claim he gasped for breath at times and struggled to make it through the workout. Contrary to what UCF officials claimed, the former teammates asserted this workout was “punishment” for…

Professional Athletes Seek Damages for Brain Injuries

Those lucky enough to fulfill their childhood dreams of being a professional football player for the National Football League (NFL) certainly enjoy many perks. Fame, fortune, and the joy of doing what you love are well within sight. Most people would agree: From the surface, it seems like a very, very good life. But as…

Property Relationships in Premises Liability Cases

In Florida, personal injury cases that involve premises liability can be complicated. This is due to the fact that Florida law states that premises liability negligence depends on the relationship of the injured person to the property. The person to property relationship can drastically affect the how your attorney handles your case; as with most…

Four Young People involved in Fatal Crash in Plant City – How this affects You

An auto accident that occurred in the very early hours of the morning involved 4 young people – all of whom died at the scene of the accident and all of whom were not wearing their seat belts, yet were driving at very high speeds. The cause of the accident was a man by the…

The Importance of Understanding the Civil Wrongful Death Action Statutes in Determining Your Claim

The representative of the estate of a decedent who died as a result of wrongful death, whether or not the death involved a criminal action, may bring a civil action against the person or persons responsible for their loved one’s death under Florida and/or federal law depending on the circumstances surrounding the case. As an…

Investigation into Possible Wrongful Death of Construction Worker after fall at Eckerd College

According to police, 60 year old construction worker Terry Lynn Flack of Brooksville, fell to his death recently while working on a catwalk inside an Eckerd College Bininger Performing Arts building auditorium in St. Petersburg, Fl. Flack was employed by an electrical contractor, Universal Control, and working on the air conditioning system, at the time…

Wrongful Death Lawsuit Settled Against Temple City Family Recreation Center and Pepin Academy Regarding Teen Pool Drowning

Under Florida law, when someone dies as a result of negligence caused by another person or entity, the victim’s family has the legal right to file a wrongful death civil lawsuit against the responsible parties to collect damages for the loss of a loved one. Unfortunately, that is what transpired after the related drowning death…

New Year’s Safety Tips Brought to You By Brooks Law Group

New Year’s Eve can be a busy time for everyone and the roads can be a scary place. The best tip we can give you is to Just Stay Home. Although ideal, it is not always the best place to spend your New Year’s Eve and we understand that! So, if you are going to…

South Florida Boy’s Death Caused by Drag Racing

Last week, a 12-year-old boy was playing football with his friends when he was struck and killed by a car that was drag racing. According to The Tampa Tribune, the boy was getting his ball from the street when two cars sped by, one of which struck him. One of the cars sped away from…

Wrongful Death of 2 Hotel Workers in Tampa – Man Sentenced to 12 Years for DUI Deaths

According to TBO.com, on Thursday, November 7, 2013, a man responsible for the death of 2 young hotel workers who were crossing Harbour Island Bridge on October 30, 2010, was sentenced to 12 years in prison for 2 counts of DUI Manslaughter. It was a horrific accident to say the least. Doug Kozar, 23, was…

Teens Injured by Riding in Back of Pickup Truck Example of Comparative Negligence

On the evening of Halloween, four teens were seriously injured when the pickup truck that they were riding in was in an accident. According to the Tampa Bay Times, the four teenagers were riding in the back of another teen’s Ford F-150 in Palm Harbor when the pickup struck an SUV. As a result of…

Arraignment of Bullies Allegedly Responsible for Suicide Brings Wrongful Death Responsibility to Forefront

A case of two Polk County minors that are allegedly being charged with bullying 12-year-old Rebecca Sedwick to the point where she committed suicide is getting heavy media attention with the involvement of some high-powered attorneys according to Bay News 9. The case is a tragic one and brings to the forefront who is responsible…

Death of Hudson 4-year-old Brings Parental Liability Into Question

On October 9th, a four year-old child was killed after being hit by the car her mother was driving, while her mother was leaving a parking space in front of their home. The mother did not see the child approach the car because she was speaking to the father of the child moments before the…

Your Rights if You Slip and Fall in a Subway Store

Subway promotes itself as a quick and healthy place to buy sandwiches, wraps, salads, drinks and other foods and beverages. It has numerous stores in Tampa Bay and throughout Florida. But food can drop to the floor. It can be tracked through the seating areas. Water from those Diet Cokes can spill. The tiles on…

Types of Accidents that cause Wrongful Death Lawsuits

The worst types of accidents are the ones where a loved one dies. Even simple events like a slip and fall can cause a person to die if he/she falls the wrong way. Some accident types, though, are more likely to cause someone to die than others. Here are some of the leading causes of…

I Fell at Walmart – What Do I Do Now?

Walmart, like a lot of superstores, attracts a wide range of shoppers with a wide variety of consumer interests. Florida is home to many Walmart stores. There are steps the shopper or visitor should take to address their physical and legal needs. These steps include things the Walmart customer should do immediately/in the store and…

How Death Impacts a Wrongful Death Case in Tampa, Florida

Wrongful death cases are different from other types of personal injury accident claims in many ways. Our skilled Tampa and Florida lawyers understand the emotional loss and will work with you to help you through your pain. Here are some of the key impacts of the death of personal injury victim: A life cut short…

Your Rights if You Slip and Fall in a Target Store in Tampa, Florida

Under Florida premises liability laws, Target may be responsible for slip and fall accidents that occur in its stores if its owners, managers, or other responsible parties fail to maintain their properties or warn visitors of potential dangers. If you were injured in a slip and fall in a Tampa Target store, you may be…

Your Rights if You Slip and Fall in a Walmart Store in Florida

There are several hundred Walmart stores in Florida including close to a dozen in Tampa. Walmart stores provide a range of services from auto and photography to grocery shopping, clothing and furniture. Unfortunately, accidents do happen in these stores. Customers slip and fall for a variety of reasons that Walmart should prepare for. If you…

What Are Motorcycle Accident Victim Rights in Florida?

The consequences of a motorcycle accident are often more severe than passenger car accidents because motorcycle drivers and riders have limited protection. This is true wherever you ride in Florida. If you’ve been injured while riding on or operating a motorcycle, you need the services of an experienced Florida motorcycle lawyer. We have offices in…

Convenience Stores Premises Liability

7-Eleven, Inc. announced on December 8, 2010 that it was acquiring the 183 Florida sites of ExxonMobil’s retail interests. Most of the stores will be rebranded as 7-Eleven® operations. Many of the stores are in high-traffic locations. As of December 2010, 7-Eleven, Inc. operates and franchises 610 stores in Florida. Many of these 7-Eleven stores…