Daytona Beach Wrongful Death Lawyers | Bundza & Rodriguez, P.A. https://www.daytonalawyers.com Sat, 07 Nov 2020 13:48:24 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.2 Car Accidents Can Lead to Wrongful Death Claims https://www.daytonalawyers.com/car-accidents-can-lead-to-wrongful-death-claims/ Thu, 22 Mar 2018 12:00:20 +0000 https://www.daytonalawyers.com/?p=2151 Read More »]]> A tragic accident in Volusia County reminds us that car accidents can lead to more than broken bones or whiplash—instead, they can lead to death. As reported in the Orlando Sentinel, an 81-year-old woman and her dog were killed when their vehicle ran off Interstate 95 and crashed into a tree. The 77-year-old driver was taken to the hospital, while his passenger was pronounced dead at the scene. Both had been wearing seatbelts.

Accidents like these can leave family members emotionally devastated and, when the deceased was a family breadwinner, worried about their financial futures. If you lost a loved one in an accident, contact a personal injury lawyer immediately to identify what financial compensation might be available.

Wrongful Death Lawsuits

When a person is injured because of someone else’s negligence, they can sue to receive financial compensation for their injuries. But when someone dies, who can bring a lawsuit? And what kinds of compensation can they receive?

Florida’s wrongful death statute answers these questions. According to the law, the personal representative of your loved one’s estate will file the lawsuit. This person should be named in the will or, if there is no will, then a judge will appoint someone.

Although the personal representative files the wrongful death lawsuit, they file it on behalf of the surviving family members and the estate. The following people might receive compensation:

  • Spouse
  • Children
  • Parents
  • A blood relative or adopted sibling who relied on the deceased for support or services

The law also identifies what financial compensation you can receive. Although no amount of money can ever replace a loved one, money damages can defray the cost of the loss and replace the income you were expecting. Our clients have received the following:

  • Burial and funeral expenses
  • Medical expenses for the treatment your loved one received
  • Loss of services
  • Loss of companionship
  • Loss of expected income
  • Pain and suffering, including emotional distress and grief

If the other driver intentionally or recklessly killed your loved one, then you might qualify for punitive damages, which are meant to punish the defendant. You can receive punitive damages in addition to the compensatory damages listed above. Because each case is unique, consult with a Daytona Beach wrongful death lawyer to identify what compensation is available in your case.

Avoid Delay

According to the state’s wrongful death statute, you are given a limited amount of time to bring a lawsuit. In particular, you only have two years from the date of death to file your suit. For example, if your loved one passed away on January 12, 2017, then you have only until January 12, 2019 to file your lawsuit. If you wait too long, then a judge will dismiss the case, leaving you without any financial compensation.

Speak with a Daytona Beach Wrongful Death Lawyer Today

In your time of grief, the last thing you want to think about is bringing a lawsuit. At Bundza & Rodriguez, our team of wrongful death attorneys can immediately protect your rights by filing a lawsuit in the appropriate court and begin building a case for compensation. Start the process today by contacting us for a free consultation.

Resource:

orlandosentinel.com/news/breaking-news/os-car-tree-crash-volusia-95-story.html

]]> The Timothy Hamlett Wrongful Death Lawsuits: Who Is Liable? https://www.daytonalawyers.com/the-timothy-hamlett-wrongful-death-lawsuits-who-is-liable/ Wed, 20 Dec 2017 17:22:02 +0000 https://www.daytonalawyers.com/?p=2009 Read More »]]> When a young person dies, it is natural for the survivors to ask what, if anything, could have been done to prevent the untimely death? Sometimes, there are clear signs of negligence. If the person died from an easily treatable illness because a doctor failed to make the right diagnosis or administer the correct treatment, there might be grounds for a medical malpractice lawsuit. If the person was fatally injured in an accident at a place of business, the survivors might have grounds to sue the business owner for premises liability, that is, for failing to uphold safety standards that would prevent such a catastrophic accident. When a young person dies by suicide, it is much easier to say in retrospect what the warning signs were than to determine whose responsibility it was to recognize them and take action. After the death of 21-year-old Timothy Hamlett, his mother Katherine Frink-Hamlett has filed wrongful death lawsuits against the University of Pennsylvania, where Timothy was a student until shortly before his death, and again Robin Martin, who was Timothy’s track and field coach at the university.

The Events Leading to Timothy Hamlett’s Death

Timothy Hamlett was a student at the University of Pennsylvania and an athlete on the university’s track and field team. At the beginning of his college career, he participated in the 400m dash, but the coach Robin Martin advised him to switch to the even more demanding 800m dash. It appears that Timothy expressed concern about changing to an even more challenging track and field event, since it was already enough of a challenge to manage his academic and athletic responsibilities with the 400m dash; Timothy was on academic probation at the time he changed to the new event. Martin also encouraged Timothy to take nutritional supplements to improve his athletic performance.

Near the beginning of the fall 2014 semester, Martin called Timothy’s parents to express concern about Timothy’s mental health, but he apparently revealed few details. He said he was concerned about Timothy’s marijuana use, but by this time, Timothy had already made at least one suicide attempt. His parents allege that Martin knew about the suicide attempt but did not disclose it. At his parents’ request, Timothy decided to take a leave of absence from college, and he returned to his parents’ home. Had they known about his previous suicide attempt, they would have pursued more drastic mental health interventions than they did. Timothy disappeared from his parents’ home around Christmas, and his body was found in the Hudson River several months later.  His death was ruled a suicide by drowning.

Unanswered Questions

It is likely that many factors led to Timothy’s death by suicide. His final months raise many questions.

  • If Martin knew about Timothy’s suicide attempt, whom did he have a duty to inform? Many confidentiality agreements have exceptions for life-threatening situations.

  • What were the supplements Timothy was taking, and did they contribute to his worsening mental health? Dietary supplements are much less strictly regulated than prescription drugs.

  • The University of Pennsylvania has made news several times recently because of student suicides. What should the university do to prevent future incidents like these?

Contact Bundza & Rodriguez About Lawsuits Involving University Students

Most university students are legal adults, but universities still have a responsibility to avoid unnecessary dangers for students. Contact Bundza & Rodriguez in Daytona Beach, Florida with questions about legal responsibility for the physical and mental health of students.

Resources:

huffingtonpost.com/david-cahn/we-came-we-fought-now-wha_b_9233414.html

thedp.com/article/2017/08/timothy-hamlett-penn-suicide-lawsuit

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