Wrongful Death
A drunk driver that causes a death in a Florida car accident is liable for damages to the Survivors as defined by the Florida Wrongful Death Act. For example, under Florida Statute 768.21(2) The surviving spouse may also recover for loss of the decedent's companionship and protection and for mental pain and suffering from the date of injury; (3) Minor children of the decedent, and all children of the decedent if there is no surviving spouse, may also recover for lost parental companionship, instruction, and guidance and for mental pain and suffering from the date of injury.(4) Each parent of a deceased minor child may also recover for mental pain and suffering from the date of injury. Each parent of an adult child may also recover for mental pain and suffering if there are no other survivors. The Wrongful Death Act is complicated in its application. Experienced personal injury attorney Jack Bernstein has been representing families that suffered a tragic death for twenty six years. He has a staff of personal injury attorneys who work closely with him at Bernstein and Maryanoff who apply the wrongful death act to recover money damages for injuries and damages caused by drunk drivers in car accidents in Miami, North Miami , West Palm Beach, Ft. Lauderdale, Hollywood, West Palm Beach, Hialeah and other Florida Cities.
The wrongful death act specifies which persons are entitled to recover money damages from a drunk driver and their insurance company as briefly mentioned above. There is no set amount of money damages that a person who looses a loved one in a car accident due to a drunk driver is entitled to. It is a subjective figure arrived at based upon the experience and judgment of the attorney, taking into account the specific facts involved in the Miami, North Miami, Ft. Lauderdale, Hollywood, West Palm Beach, Hialeah or other Florida City car accident. The more egregious the behavior, the stronger the case. The higher the intoxication, the more serious the insurance company and defense attorneys will have to take the case. Jack Bernstein and the personal injury attorneys at Bernstein and Maryanoff have experience in putting together a strong demand letter presentation to the drunk drivers insurance company to force them to pay the highest amount of money damages possible based upon the injury or death due to the Miami, North Miami, Ft. Lauderdale, Hollywood, West Palm Beach, Hialeah or other Florida City car accident. It is important in presenting the wrongful death case that an experienced personal injury attorney present this type of case. You should be asked to give photos of your loved one in numerous settings to include in the presentation to show the loss involved. For example, at holiday times, during weddings, marriages, and barbeques. If there is home video showing the deceased loved one, that should be worked into a presentation as well. Items of a sentimental nature, such as diplomas, baptism certificates, report cards, birthday cards, photos of medals, and items from the funeral help to show the personal injury and loss you have sustained due to the drunk driver car accident in the city of Miami, North Miami, Ft. Lauderdale, Hollywood, West Palm Beach, Hialeah or any Florida city.
Additional evidence should be included with the presentation, such as the DUI arrest video of the drunk driver from the police; At Bernstein and Maryanoff we include the police report, and any significant evidence from the criminal court file, such as the police reports where the drunk driver confessed to how many drinks he had. The drivers license history and outcome of the drunk driving case might be included as well. If a company vehicle was involved the driving history of the employee who was drunk is critical to look into. There could be a negligent hiring, negligent retention or negligent supervision case against the employer which can lead to a VERY HIGH money damage recovery against the company involved.
Some of this evidence is found in public records and some must be obtained through subpoena power that licensed personal injury attorneys use to obtain evidence. This evidence along with the funeral expenses, wage loss, and all intangible damages should be presented in a well organized fashion. Experienced personal injury attorney Jack Bernstein at Bernstein and Maryanoff has done this for twenty six years helping victims of drunk driver accidents in Miami, North Miami, Ft. Lauderdale, Hollywood, West Palm Beach, Hialeah and other Florida Cities. It is important to recover money for the personal injury you or your family suffered, to help you with financial support, to make you and your family more comfortable due to the personal injury and loss, and to send a message to the drunk driver and others, that such grossly negligent behavior will not be tolerated. Let society know that when a drunk gets behind the wheel, we will fight back and make them suffer the maximum consequences permitted by law for this terrible behavior. We would be glad to assist you and your family with presenting your Miami, North Miami, Ft. Lauderdale, Hollywood, West Palm Beach, Hialeah, or other Florida City drunk driving car accident.
