Wrongful Death

May 14, 2021

Fatal Shooting at Wendy’s in Miami: Wrongful Death Options for Survivors

A family continues to mourn the passing of their loved one in a recent fatal shooting in Miami, even as they plead with the public for answers and information to help identify the gunman. An article in the Miami Herald covered the May 9, 2021 incident, which started as a fight in a local fast food restaurant. Witnesses reported that two customers began fighting, and one man punched an employee of the business when he tried to intervene. Immediately thereafter, the other individual pulled out a firearm and shot the customer with whom he had just been fighting. The victim was pronounced dead at the scene, while the suspected shooter escaped.

Under the circumstances, the victim’s family may have legal options under Florida wrongful death laws. The remedy may not be what you expect, since survivors might opt to pursue the restaurant instead of the gunman. A Miami wrongful death attorney can provide details, but some answers to FAQs might be helpful.

What is a wrongful death case? These claims are a type of personal injury claim that allows surviving family members to seek compensation when their loved one is killed because of negligence. It is true that the victim in the recent shooting died because of a deliberate shooting, but the point is not the suspect’s intentional act: The source of the negligence is the restaurant’s misconduct in not ensuring the property was safe.

November 4, 2020

Shop Owner Liability for Fatal Shooting Incident in South Florida

by Gerson & Schwartz, P.A.

An altercation at a South Florida flea market turned deadly when one of the two men involved in the dispute pulled out a gun and shot the other, killing him. An October 10, 2020 article published by the Miami Herald covered additional details, stating that the incident occurred just after 1:30 p.m. at the Swap Shop in Lauderhill. Police responded to reports of a shooting and assisted the victim until he could be transported to Broward Health Medical Center in Fort Lauderdale. The man later died from his injuries.

While the investigation by law enforcement is ongoing, it is possible that surviving family members may be eligible to take legal action. The potential remedy encompasses concepts of both wrongful death and premises liability, so retaining a Miami personal injury attorney is essential. Still, you may benefit from reviewing some of the basics.

Overview of Premises Liability Cases

October 14, 2020

Should I Settle a Miami Wrongful Death Case?

by Gerson & Schwartz, P.A.

It is never easy to say goodbye to a loved one who died in an accident, especially when someone else was at fault for causing that death. Your grief may soon turn to shock when you realize the full extent of the losses left behind by your family member’s passing. With the victim no longer around to contribute financial support, love, guidance, and other benefits, you may feel helpless.

Fortunately, you do have options to pursue the responsible party through a Florida wrongful death claim. It may be possible to recover compensation by filing an insurance claim and, in some cases, you may be able to work out a settlement instead of going to court. You should trust the details to your Miami wrongful death attorney, but you might consider the following benefits.

Settling Brings Certainty

February 26, 2020

Common Types of Wrongful Death Cases in Miami

by Gerson & Schwartz, P.A.

You might not be surprised to learn that heart disease and cancer are the top two leading causes of death in the US, but the third may come as a shock: According to the US Centers for Disease Control and Prevention, unintentional accidents claimed the lives of 169,936 people in 2017 – a 4.2% increase over the previous year. There are many different causes and contributing factors behind accidents, but they are usually preventable and only occur because of someone else’s negligence.

Losing a loved one in such a tragedy is emotionally overwhelming, but there are additional implications for your life. You may struggle financially without the support of the victim, and the void left behind may seem impossible to fill. Though you cannot bring back your family member, you may have options to recover compensation under Florida wrongful death laws. You can trust a Miami wrongful death lawyer to handle the details, but an overview of the legal basics may be useful.

Synopsis of Florida Wrongful Death Cases

February 21, 2020

Comparing 2019 Miami Car Accident Fatalities to Previous Years

by Gerson & Schwartz, P.A.

With 2020 already well underway, it can be helpful to review fatal car accident statistics from previous years as a way of comparing trends. According to the Florida Department of Highway Safety and Motor Vehicle (FLHSMV) Crash Dashboard for 2018, there were 64,627 collisions in Miami-Dade County, killing 293 victims. The data for 2019 indicates a drop in the number of total accidents, down to 64,495; however, the number of fatalities was higher, as 335. So far this year, 29 people have been killed in 5,915 crashes.

A fatal auto collision involves implications that extend far beyond the loss of life. Surviving loved ones lost a family member, often one they depended upon for financial support, care, and guidance. In such situations, it is important to discuss your rights with a Miami car accidents attorney. You can also review some fatal auto crash statistics to understand just how common these tragedies are.

Fatal Crashes in Miami and the Rest of Florida

January 29, 2020

How do I Prove a Wrongful Death Case in Florida?

by Gerson & Schwartz, P.A.

When you are trying to cope with the grief and massive losses after losing a family member in an accident, it is comforting to know that you may be able to recover monetary damages under Florida’s wrongful death statute. The law is intended to compensate the victim’s loved ones for the losses they suffer, since they are indirect victims of such a tragedy. Of course, you probably realize that you must meet certain legal requirements to establish your rights. Under the circumstances, you probably wonder how you can provide essential evidence when the decedent is not around to offer it.

Fortunately, the relevant laws provide for such a situation. While you should entrust your case to a Miami wrongful death lawyer, you should understand the importance of proof-related issues.

Basic Elements of a Wrongful Death Case

December 17, 2019

Types of Compensation in a Miami Wrongful Death Case

by Gerson & Schwartz, P.A.

It is devastating to lose a loved one in an accident caused by someone else, but you might get a sense of relief knowing that you have rights as a surviving family member. Under Florida’s Wrongful Death Act, you could be eligible to seek compensation from the responsible person or entity. These claims are similar to other personal injury matters that involve negligence, since you must prove that careless actions were a direct result of the accident. However, wrongful death actions are unique in many ways, especially when it comes to the types of monetary damages you can recover.

While you should always trust a Miami wrongful death lawyer for assistance with any critical legal matters, you can read on to gain a better understanding of compensation in these claims.

Damages for Surviving Family Members

July 5, 2019

Two Killed in Florida Motorcycle Crash: Options for Surviving Family

by Gerson & Schwartz, P.A.

A tragic motorcycle accident in Marion County, FL claimed the lives of two men and shut down traffic on northbound Interstate 75 for approximately five hours on Thursday, June 13, 2019. Orlando’s Spectrum News Channel 13 reported on the incident, which was still under investigation by the Florida Highway Patrol (FHP). According to police, the two men were riding side-by-side on separate Harley Davidson motorcycles in front of a semi truck. The pair attempted to slow down due to traffic conditions, but one rider lost control of his vehicle. As the motorcycle slid across the pavement, the other man also lost control. Upon landing in the center lane, both men were struck by the 18 wheeler that had been traveling behind them.

Under the circumstances, surviving family members may have options to recover compensation through a cause of action that is categorized as a wrongful death case. A Florida wrongful death attorney can explain in more detail, but an overview may be helpful.

How Wrongful Death Cases Work in Florida

May 18, 2019

Princess Cruise Ship Passengers Killed During Alaska Shore Excursion

by Gerson & Schwartz, P.A.

Cruise Ship Passengers Killed During Excursion

On May 13, 2019 two sightseeing planes carrying Princess Cruise passengers collided in midair in Alaska. The floatplanes were carrying passengers near Ketchikan, in southeast Alaska. According to Princess Cruises, one of the planes was carrying 10 guests for a shore excursion sold by the cruise line.The other plane was an independent flight tour and was carrying four people from the Royal Princess vessel as well.

The fact that the excursion was sold by Princess to cruise ship passengers in this case is an important legal detail. Princess may be held liable under various legal theories including joint venture, negligent selection or negligent retention of the excursion operator that selected the airplanes for the company being used to transport the passengers. Alternatively, Princess may be vicariously liable if the plane was negligently maintained resulting in the crash. The plane manufacturer, maintenance company will likely have legal liability for this case. However, given the catastrophic damages, all sources of legal and financial responsibility will need to be explored. This This is an egregious example of what can go wrong during cruise ship excursions. If you suffered injuries or a loved one passed away from a serious accident or injury resulting in a wrongful death during a cruise ship activity or excursion, we recommend you call our cruise ship accident lawyers in Florida at Gerson & Schwartz P.A. at (877) 475-2905. You also can reach out to us through our online form or email info@gslawusa.com to schedule your free consultation.

April 10, 2019

Teen and Grandmother Killed in South Florida Head-On Crash

by Gerson & Schwartz, P.A.

Breanha Free-Baker, 17, her mother Michelle Free-Baker, 40, and her grandmother Robyn Underwood, 61, were driving to dinner on a Saturday night when they were struck by another vehicle head on. A vehicle speeding down Hillsboro Boulevard crossed over the median and into the Free-Baker’s vehicle and several other cars. Breanha and her grandmother died in the crash. Breanha was a senior at Coral Glades High School. Michelle Free-Baker and a driver of another vehicle, Melanie Perozin, were injured and hospitalized at Broward Health North after the crash. If you were recently hurt or lost a loved one in a crash, contact a car accident lawyer for Miami at Gerson & Schwartz P.A. You can reach out to us through our online form or you can call (877) 475-2905 to schedule a free initial consultation.

Who Caused the Crash?

According to local reports, the at-fault driver was Andrea Schneider, 21. Schneider has a history of driving offenses and criminal convictions. Schneider had been convicted of driving without a license and driving on a suspended license several times in the past. At the time of the crash, she was on probation for trespassing in an occupied structure. It is unclear whether she had a valid license.The crash remains under investigation. Police currently do not know whether drugs or alcohol were involved, though this has not been ruled out.