Law offices of Grayling E Brannon, PA

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Personal Injury and Wrongful Death 


 

At the Law Offices of Grayling E. Brannon, P.A. , our personal injury team handle various types of injury claims including automobile accidents, wrongful death, defective hip-implants, misfiled prescriptions, medical & dental negligence, dog bites, slip and falls, swimming pool accidents, attacks at hotels, apartment complexes, food poisoning, motor cycle accidents, accidents on vacation and others.  We litigate on behalf of all types of accident and injury victims. 

If you or a loved one has been injured due to the negligence of another person or business, this law firm will aggressively seek financial justice for you.

 


| Wrongful Death Act | Legislative Intent | Definitiions | Parties | Damages |


 

 

Personal Injury Lawsuits

If you have suffered an injury due to the carelessness of another party, you may be able to recover compensation through a personal injury lawsuit.  Depending on the circumstances surrounding your injury, a personal injury attorney may seek  damages including, but not limited to the following:

 

  • Past and future medical bills
  • Past and future Lost wages or earning ability
  • Pain and suffering, mental anguish, emotional distress

 

Injury victims should be aware that accident claimsmust be brought within a specific period of time following the date that the injury occurred. This time limit, known as the statute of limitations, varies by state.  For this reason, it is important to contact an attorney experienced in personal injury law as soon as possible after the accident occurs in order to ensure that your rights will be fully protected.

 

If you've been injured in an accident, we can help you determine whether another person’s negligence may entitle you to financial and other compensation.   If so, you may be able to file a lawsuit against the responsible party.  In some cases, more than one person may be liable; in other personal injury lawsuits, such as those involving defective products, a manufacturer, rather than an individual, may be named as the defendant. To make sure your right to compensation is protected, it's important to find an experienced personal injury lawyer who can investigate your claim and help ensure all liable parties are held accountable.

 

Grayling E. Brannon has represented thousands of accident victims since entering into private practice in January  1992.  The firm is dedicated to helping accident victims injured by another's negligence or reckless behavior obtain Financial  Justice.

 

To help ensure all injury victims have an opportunity to explore their legal options, we offer a free case review to all potential clients.

 

The Law Offices of Grayling E. Brannon, P.A. is experienced in fighting for the rights of family members in wrongful death cases.  If you've suffered the loss of a family member or if you have more questions, speak with an experienced personal injury attorney  about your case, just “ASK GRAY  or contact us for a FREE CONSULTATION at the Law Offices of Grayling E. Brannon, P.A.  or by calling 1 (904) 358 9151.

 

 

Florida Wrongful Death Act

The following are selected regulations from the 2009 Florida Statutes (Chapter 768) pertaining to wrongful death.

 

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Legislative Intent

It is the public policy of the state to shift the losses resulting when wrongful death occurs from the survivors of the decedent to the wrongdoer. Sections 768.16-768.26 are remedial and shall be liberally construed.

 

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Definitions

  • "Survivors" means the decedent's spouse, children, parents, and, when partly or wholly dependent on the decedent for support or services, any blood relatives and adoptive brothers and sisters. It includes the child born out of wedlock of a mother, but not the child born out of wedlock of the father unless the father has recognized a responsibility for the child's support.
  • "Minor children" means children under 25 years of age, notwithstanding the age of majority.
  • "Support" includes contributions in kind as well as money.
  • "Services" means tasks, usually of a household nature, regularly performed by the decedent that will be a necessary expense to the survivors of the decedent. These services may vary according to the identity of the decedent and survivor and shall be determined under the particular facts of each case.
  • "Net accumulations" means the part of the decedent's expected net business or salary income, including pension benefits, that the decedent probably would have retained as savings and left as part of her or his estate if the decedent had lived her or his normal life expectancy. "Net business or salary income" is the part of the decedent's probable gross income after taxes, excluding income from investments continuing beyond death, that remains after deducting the decedent's personal expenses and support of survivors, excluding contributions in kind.

 

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Right of action

When the death of a person is caused by the wrongful act, negligence, default, or breach of contract or warranty of any person, including those occurring on navigable waters, and the event would have entitled the person injured to maintain an action and recover damages if death had not ensued, the person or watercraft that would have been liable in damages if death had not ensued shall be liable for damages as specified in this act notwithstanding the death of the person injured, although death was caused under circumstances constituting a felony.

 

 

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Parties

The action shall be brought by the decedent's personal representative, who shall recover for the benefit of the decedent's survivors and estate all damages, as specified in this act, caused by the injury resulting in death. When a personal injury to the decedent results in death, no action for the personal injury shall survive, and any such action pending at the time of death shall abate. The wrongdoer's personal representative shall be the defendant if the wrongdoer dies before or pending the action. A defense that would bar or reduce a survivor's recovery if she or he were the plaintiff may be asserted against the survivor, but shall not affect the recovery of any other survivor.

 

 

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Damages

All potential beneficiaries of a recovery for wrongful death, including the decedent's estate, shall be identified in the complaint, and their relationships to the decedent shall be alleged. Damages may be awarded as follows:

 

Each survivor may recover the value of lost support and services from the date of the decedent's injury to her or his death, with interest, and future loss of support and services from the date of death and reduced to present value. In evaluating loss of support and services, the survivor's relationship to the decedent, the amount of the decedent's probable net income available for distribution to the particular survivor, and the replacement value of the decedent's services to the survivor may be considered. In computing the duration of future losses, the joint life expectancies of the survivor and the decedent and the period of minority, in the case of healthy minor children, may be considered.

 

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.

 

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. For the purposes of this subsection, if both spouses die within 30 days of one another as a result of the same wrongful act or series of acts arising out of the same incident, each spouse is considered to have been predeceased by the other.

 

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.

 

Medical or funeral expenses due to the decedent's injury or death may be recovered by a survivor who has paid them.

 

The decedent's personal representative may recover for the decedent's estate the following:

 

Loss of earnings of the deceased from the date of injury to the date of death, less lost support of survivors excluding contributions in kind, with interest. Loss of the prospective net accumulations of an estate, which might reasonably have been expected but for the wrongful death, reduced to present money value, may also be recovered:

If the decedent's survivors include a surviving spouse or lineal descendants; or

If the decedent is not a minor child as defined in s. 768.18(2), there are no lost support and services recoverable under subsection (1), and there is a surviving parent.

 

Medical or funeral expenses due to the decedent's injury or death that have become a charge against her or his estate or that were paid by or on behalf of decedent, excluding amounts recoverable under subsection (5).

 

Evidence of remarriage of the decedent's spouse is admissible.

 

All awards for the decedent's estate are subject to the claims of creditors who have complied with the requirements of probate law concerning claims.

 

The damages specified in subsection (3) shall not be recoverable by adult children and the damages specified in subsection (4) shall not be recoverable by parents of an adult child with respect to claims for medical negligence as defined by s. 766.106(1).

 

 

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