Fort Lauderdale Injury Lawyer Blog

Florida's sovereign immunity law caps payment on negligence claims against the State of Florida and other governmental entities at $100,000 per person and $200,000.00 per claim, if there is more than one person suffering damages. Unfortunately in the most tragic cases, the damages to the injured person or their families far exceeds this amount. It is not uncommon to see jury verdicts against the State of Florida or cities like Fort Lauderdale or Hollywood, for damages in excess of seven figures, particularly where there is the wrongful death of a parent or child or some poor soul is confined to a wheel chair for the rest of their lives as the result of the negligence of a state or governmental worker. In these types of cases, the economic damages alone such as medical bills, can run into the millions of dollars.

Where the circumstances surrounding these cases is particularly tragic and the verdict greatly exceeds the cap, the victim or their family may attempt to seek additional compensation through a claims bill. A claims bill is sponsored by a legislator and presented to the Florida legislature for approval and determination of the additional amount to be paid.

Historically, the Republicans in the Florida legislature have often disapproved claims bills due to a reluctance to compensate accident victims from state or city funds, even though the damages were a result of negligence by a state or governmental employee.

In this time of economic uncertainly, however, Republicans can justify non-payment of claims bills by citing to the short fall of public funding available. House Speaker Larry Cretul last month issued a memo indicating he would be using strict criteria to determine whether a claims bill would be heard in the chamber: the bills must involve local governments in good financial standing and request no more than $500,000 from the state for the victims. This arbitrary cap, regardless of how much in medical bills or damages have been incurred, directly effects those accident victims most seriously damaged.

Given the current climate, only 5 claims bills out of 30 have a chance to be approved. In light of the state's budgetary circumstances, there may be claims that have or will be filed that cannot possibly be funded this year,'' Cretul wrote.

While, not every person who seeks a claims bill from the Florida Legislature can recover, this process should not be used as a political football by the politicians in Tallahassee at the expense of those persons and families who are in the greatest need as a result of governmental negligence. The Florida legislaure should find a way to fairly evaluate these claims bills and to reimburse these victims promptly and fairly.

Continue reading "Florida Legislature limits compensation to accident victims" »

The Fort Lauderdale Sun-Sentinel reports that a bill pending before the Florida House of Representatives in Tallahassee, Florida, would allow families to file a civil suit in "cold cases" in which the killer or perhaps the body is not discovered until years after the crime. Currently, Florida's wrongful death statute has only a two year statute of limitations which basically requires that any civil lawsuit arising out of a death must be filed in court within two years of the date of death or it will be forever barred.

The current two year statute of limitations in Florida has the practical event of preventing the filing of wrongful death lawsuits in murder and other types of cases because where the wrongdoer's identity is not known until long after the death occurred. In cases where the victim dies and there is no one on the scene to identify the tortfeasor, it is not uncommon for them to flee rather than to wait around and identify themselves to authorities.

This bill (HB1) -- that will remove Florida's two-year statute of limitations on wrongful death claims -- resulted from the dedicated efforts of the family of Jeffrey Klee, deceased, and would bear his name.

Klee's remains were located in a van at the bottom of Coral Springs Canal in 2008, over-31 years after he disappeared. Police believe Klee was murdered by a "friend," who later admitted to pushing the van, with Klee's body in it, into the canal. Even though this person acknowledged pushing the van into the canal, Klee's family was unable to sue him in civil court for wrongful death because the two-year statue of limitations had long since expired. The law applies prospectively to future cases only.

The legal justification for statutes of limitations is based on due process considerations for potential defendants. It is reasoned that the longer the time period between the date of the alleged wrongful conduct and the date that the lawsuit is filed, the more difficult it is for the defendant to obtain the evidence required to mount a defense. Witnesses' memories fade over time and the opportunity to take photographs may be gone.

Notwithstanding these considerations, this bill is a much needed recognition by the Florida legislature that a victim's family should not be precluded from seeking justice in situations where it was impossible to file the lawsuit within the two-year statute of limitations. Also, it is somewhat suprising that this bill has progressed, given the current pro-business, anti-consumer climate in Tallahassee. As a practical matter, this case would not significantly increase the number of wrongful death cases filed in court since only a very few cases involve situations where the identity of the wrongdoer is not known within two years. Nonetheless, it is a good bill which deserves to be the law in the State of Florida.

Continue reading "Florida House of Representatives ready to extend wrongful death statute of limitations" »

Usually a school is thought of as a safe haven where students are protected from the types predators who roam outside the campus. Sometimes, however, the danger to students can come from within.

At Atlantic High School in Delray Beach, Florida, the track and football coach was arrested recently on misdemeanor battery charges, accused of groping one student and biting another, according to records.

James "Andre" Thaddies, 40, was arrested on March 3. According to school police two female students reported Thaddies touched them inappropriately without their permission. One track student reported Thaddies tried to touch her, she resisted, and he then grabbed her by the wrist and called her "retarded." The second student said that Thaddies bit her in the neck area, but did not break skin, according to the report.

The Palm Beach County school district assigned Thaddies administrative duties and no longer allowed him to teach students, effective Feb. 24. The Atlantic High football team, under Thaddies, enjoyed winning seasons.

Thaddies, it appears, had a suspected background of inappropriate conduct with female students at a Minnesota high school where similar accusations were made. According to Minnesota court documents filed in 2000, Thaddies, admitted to providing alcohol to an underaged gil and resigned after being suspended. Police investigated, but Thaddies was not charged with any sexual misconduct.

High schools in the State of Florida have the legal duty to investigate the background of teachers and other potential employees who may be in contact with their students. This is because teachers and administrators stand in the shoes of the parents while a minor student is on school grounds. Mandatory schooling has forced parents into relying on teachers to protect children during school activity. Accordingly, where the school fails to adequately investigate the background of a school teacher or administrator who abuses a student on school grounds, the school may be liable for negligent hiring and/or supervision.

Continue reading "Delray Beach, Florida high school coach accused of improper physical contact" »

Children being shot by other children is an all too common occurence. In South Florida, it happened again. A funeral service is set for an 11-year-old Deerfield Beach, Florida, boy who was accidentally shot to death by his younger brother.

The boy's 10-year-old brother, whose name has not been released, shot him in the face when they found a gun in their father's Dodge pickup truck, according to a Broward Sheriff's Office report.

Their father had sent the boys out to his truck to pick up his coat according to the Broward Sheriff's Office. The father was in his apartment when the shooting happened.

Child-welfare officials who investigated the case said the father had not neglected his children. The Florida Department of Children & Families determined it is safe for man's 14-year-old daughter and surviving son to continue living with him

Authorities said the shooting was an unintentional accident. Florida records show that the father has a valid concealed weapons permit.

Broward detectives completed their investigation and have presented their findings to the Broward County State Attorney's Office. The state attorney's office in Fort Lauderdale is reviewing the file to determine whether to file criminal charges. If such charges were filed, it would be the least of the parents' concerns.

This case represents another tragedy which could have been avoided. Any time young children are near loaded guns, people need to be be alert that something like this can happen. Florida law requires that in households with children, loaded guns must be kept out of the reach of children or secured with a trigger lock or like device.

Continue reading "Funeral for Broward boy accidentally shot by brother" »