As stated by the Florida Department of Health, 1,727 malpractice lawsuits were filed in the State in 2021. Although there is currently no report for 2024, this is still an excellent way to measure the number of claims filed.
Of those, 812 were resolved through a wrongful death settlement or court judgment.
Of the 812 settled cases, only 306 resulted in compensation for the plaintiff.
This means that only 17.7% of wrongful death lawsuits filed in Florida were successful. Although the odds of success may seem low, wrongful death lawsuits can be a way to receive fair compensation for incurred death due to negligence or medical errors.
It is always a good thing to speak to a Florida wrongful death attorney from Louis Berk Law and discuss settlements.
Importance of a Wrongful Death Lawyer
After one loses life in a personal injury accident, the family members can file a wrongful death lawsuit. And, it’s crucial to consult with an experienced attorney to discuss their options.
By working with a qualified attorney, families of wrongful death victims can receive a deserved fair compensation.
It is also important to note that the number of successful settlements can vary depending of the year, and from state to state. Anyone considering filing a wrongful death claim in Florida should carefully research the law and seek the advice of a qualified Wrongful Death Claim Lawyer. Doing so can help ensure that they receive the compensation to which they are entitled.
However, the amount awarded to each plaintiff can vary significantly based on the specifics of their case, which include things like non-economic and economic damages. Depending on their circumstances, victims may receive much more or less than this figure. Again, it is essential to consult with a qualified Florida wrongful death attorney if you have suffered this type of wrong to determine your potential compensation.
Overall, only 17.7% of wrongful death lawsuits are booming in Florida, and the average payout for these cases ranges around $210,000.
Wrongful Death Attorneys Representing Individuals Against Large Corporations: A Case Study
Kanokporn Tangsuan, a doctor at a New York hospital, died in October 2023 from a severe allergic reaction to nuts and dairy products after eating at a restaurant at the Disney Springs shopping center in Orlando.
According to the lawsuit filed in the Ninth Circuit Court of Orange County, Tangsuan went to dinner with her husband, Jeffrey Piccolo and his mother on the night of October 5 at the Raglan Road Irish Pub. The complaint alleges wrongful death against Disney. The diner had asked the restaurant several times about the ingredients of the dinner, alerting them to her allergies.
The death of the 42-year-old woman near the Disney World theme park in Orlando has led to an unusual situation between the victim’s widower and the company. The husband, Jeffrey Piccolo, filed a lawsuit against the theme park demanding approximately $50,000, the amount that appears reflected in Florida’s wrongful death law. In addition, he is also asking for compensation for loss of income, funeral expenses and psychological instability.
So far, everything might seem more or less normal. However, the situation becomes unusual when Disney, in the exercise of defending its interests, has asked the Court to withdraw the complaint. Its argument is based on the fact that, in 2019, Piccolo signed up for a month’s trial on the Disney+ streaming video platform and, with this, agreed to arbitrate all hypothetical disputes with the company. In addition, the conditions accepted when using the ‘My Disney Experience’ platform to buy tickets for the Epcot theme park also included the refusal to take legal action against them.
The Florida Wrongful Death Attorney of the victim’s family does not believe it and has described Disney’s defence as “shockingly unreasonable.” Because the legal measures have been taken on behalf of the victim’s “personal estate,” the legal representatives have sent a letter in which they have protested Disney’s use of fine print.
Following the media uproar, Disney has finally given in and agreed to abandon mediation in favor of arbitration and not dismiss the lawsuit. The company has now reversed its legal approach to the lawsuit filed by the family, which refused to dismiss the complaint, and has agreed to let the case go forward in court.
Contact a Florida Wrongful Death Attorney Today
Individuals who are considering filing such a lawsuit should seek the advice of an experienced attorney to ensure they receive the compensation they are entitled to.
Louis Berk, an accomplished attorney with years of experience, stands out for his vigorous defense of clients’ rights and has a remarkable success rate. The attorneys at Louis Berk Law Firm specialize in handling complex personal injury cases in Florida and are dedicated to defending the rights of victims against negligence and loss. He focuses on personalized advocacy to obtain impactful results, ensuring detailed attention to each case his firm undertakes.
Our Wrongful Death Attorneys can help you understand your rights and maximize your chances of obtaining a successful outcome in your wrongful death case. Contact a qualified attorney at Louis Berk Law today if a member of your family has suffered a wrongful death.