Some of the most intricate cases that I handle, as a personal injury attorney in the state of Florida, are wrongful death lawsuits. Florida’s wrongful death statute is one of the most intricate pieces of legislation that has ever been passed in the state. It is full of exclusions and exceptions that create many gray areas. Unfortunately, defendants and their insurance company lawyers, are very good at turning these gray areas to their advantage and using them to bar people that you would assume are entitled to damages, from being a part of a case.
There are clear indications, within the laws governing wrongful death lawsuits, of the influence and sway that some of these major special interest groups hold over legislation in our state.
Fighting Mad
To me, this is the worst kind travesty within the law and to be honest, makes my blood boil. To think that the system that I have devoted my life to and that was supposed to be designed to protect the rights of those that have been wronged is being used, by these corporate hacks, to deny people of their just due on top of their loss, drives me insane.
Luckily, experience has taught me to have a method to my madness and use that angry energy to find creative ways to utilize the law and successfully argue some of those people in the gray areas back into the light that they deserve.
Big Money’s Limitation on Parents and Children
The first limitation and clearest illustration of the power that big money lobbyist have in Florida is that, if the death was caused by medical negligence, aka medical malpractice. Parents of an adult child (meaning over the age of 25) cannot seek damages for pain and suffering.
By the same token, a child who loses a parent with no surviving spouse, may also receive damages for lost parental companionship, instruction and guidance, as well as mental pain and suffering. Sounds simple, right? Wrong!
To make matters even more confusing, adult children may not recover from these higher categories of damages (lost parental companionship, instruction, guidance, and mental pain and suffering) if, once again, the wrongful death was caused by medical negligence.
Mental pain and suffering, commonly called mental anguish, as well as the other categories of damages listed above, are traditionally the majority portion of a wrongful death settlement. So, it should come as no surprise that the powerful medical lobby and the insurance companies that must cover them, would have themselves excluded from this liability, even though the rest of us, poor folks, are still held accountable.
Still on Mission
I normally reserve these blog posts for educational pieces regarding the issues that I see in my personal injury law practice. I consider it part of my mission, on this earth, to not only represent my clients, but to help educate the public at large about what their legal rights are and how to protect them.
To some this piece might be considered outside that mission. But, I beg to differ. Knowing the system is rigged against you is half the battle of fighting it.
As a personal injury attorney, it is my job to find the holes in the system that most benefit my clients and to find ways around the roadblocks that stand between them and just compensation for their losses. If you have suffered the loss of a loved one. Contact my office today and let me see how I can help.
Nothing I can do can justly compensate you for your loss. Nothing can replace lost love, but I can help you assure that those responsible at least bear the financial burden.