Business Address

Law Office of Randall A. Fischer P.A. At Stuart

2100 SE Ocean Blvd #203, Stuart,
Martin, Florida 34996
Phone: (772) 463-7737


Randall A. Fischer, P.A.

725 SE Port St Lucie Blvd #206, Port St. Lucie
St. Lucie, Florida 34984-5232
Phone: (772) 463-7738


Randall A. Fischer, P.A. Law Office At Jupiter

1080 East Indiantown Road #104
Jupiter, Florida 33477
Phone: (561) 316-7111


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Wrongful Death

Wrongful Death

Wrongful Death


The loss of a loved one is so very difficult.  The emotional destruction to you and your family does not have a monetary value and the last thing on your mind is thinking about a wrongful death claim and hiring an attorney to help you.  Your life changes so dramatically.  Financially, the impact can be extremely severe as well.  The loss of financial support can cause severe financial setbacks.  It is very difficult to comprehend the overall impact.  Although you cannot put a monetary value on the loss of a loved one, the Law Offices of Randall A. Fischer can help you recover compensation for the loss and at least ease the financial burden associated with the loss.  The Law Offices of Randall A. Fischer are here to assist you with your claim and make sure your legal rights are protected.

Whether or not a case is a wrongful death claim is dependent upon the circumstances and the relationship to the decedent.  There are two classifications of the damages for a wrongful death claim:  Survivors, which are those entitled to damages as be defined under the Florida wrongful Death Statute as loved ones.  There are also damages which would go to the recipients of the decedent’s estate had they died without a will (intestate).  Below I have pasted in the Florida Statute regarding damages in a Wrongful death claim.  This way you can review the statute and ask any questions you may have.  It is important to know that these statutes do change, but you can get an understanding of how the damages are broken down.

768.21  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:

(1)  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.

(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. 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.

(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.

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

(6)  The decedent’s personal representative may recover for the decedent’s estate the following:

(a)  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:

  1. If the decedent’s survivors include a surviving spouse or lineal descendants; or
  2. 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.

(b)  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).

(c)  Evidence of remarriage of the decedent’s spouse is admissible.

(7)  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.

(8)  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).

Finding an attorney that will help you through this difficult process and work to make sure you receive the proper compensation is difficult decision in a very difficult time.  If you find yourself in this position, give my office a call, I will come to your home and discuss the process with you.  If you would like to set up an appointment, please give my office a call.

 

Thank you for taking the time to view my website.

Nursing Home Abuse Lawyer

Nursing Home Abuse

Nursing Home Abuse Lawyer

The last thing you would expect to happen at a nursing home is abuse.  The statement is an oxymoron and for nursing home abuse to occur is contrary to the institution itself.  Yet, it occurs all too often.  In efforts to keep costs down, many nursing homes and elder care facilities routinely have employed individuals with criminal records and improper licenses/educational backgrounds.  Improper care can have dire consequences.  In an ABC news story citing a congressional study, prepared by the minority (Democratic and Independent) staff of the Special Investigations Division of the House Government Reform Committee, found that 30 percent of nursing homes in the United States — 5,283 facilities — were cited for almost 9,000 instances of abuse over a two-year period, from January 1999 to January 2001.  What is surprising about the result of this study is many of the violations were preventable.  Quoting this same ABC news article,

“Common problems included untreated bedsores, inadequate medical care, malnutrition, dehydration, preventable accidents, and inadequate sanitation and hygiene, the report said.  Many of the abuse violations caused harm to the residents, the report said.  In 1,601 cases, the abuse violations were serious enough “to cause actual harm to residents or to place the residents in immediate jeopardy of death or serious injury,” it said.”

Making the decision to enter a nursing home or placing a loved one in the care and trust of others is a big and very difficult decision.  What really is difficult to understand is when you or your loved one abused by that same facility.

Reported violations only scratch the surface.  Many nursing home violations go unreported.  It is important to understand the difference.  If you feel as though a loved one has been abused or neglected at a nursing home it is important to contact a lawyer.  The statute of limitations for nursing home neglect is 2 years and runs from the date of the incident or from the date the incident was discovered.  If need are looking for a lawyer that will tenaciously protect your loved one’s interests and make sure your loved one receives the proper care, justice and compensation to which they are entitled, give my office a call.

Thank you for taking the time to visit my website.