| A unique and challenging kind of claim in tort law is the wrongful death claim. A potential wrongful death claimant should make sure to find an attorney who is knowledgeable and experienced in handling wrongful death cases. Strict time limits apply to the wrongful death lawsuits. Special rules and procedures involved in making wrongful death claims and the nature and extent of the damages that can be recovered in a wrongful death claim are different than in an injury claim. Typically, a husband, wife, children and/or parents of the deceased loved one may make a claim. Raymond Bodiford has successfully prosecuted many wrongful death claims.
The following case underscores Bodiford Law Group’s experience and competence in the field of wrongful death:
In The Estate of Rebecca D. and Gerald D. v. Cherokee Trucking and Cardinal Trucking, Gary D. was the husband for 30 years to his high school sweetheart and mother of his children, who was tragically crushed and killed by a semi tractor trailer/rock hauler before his very eyes. During the lawsuit, it was determined that the driver of the rock hauler had been operating the vehicle for up to twelve hours and had traveled a great distance. It was also determined that the driver had been speeding for at least 5 miles before the accident and was traveling approximately 75 mph in a 45 mph zone, when he apparently fell asleep or suffered highway hypnosis and ran a clear red light, t-boning the vehicle in which Mrs. D. was driving. The tragedy of this case was not only Gary’s loss of his wife, but that he also saw his wife die.
During the litigation, Bodiford Law Group, took the legal position that Gary D. had two causes of action; one for the wrongful death of his wife and another personal action for negligent infliction of emotional distress. Just months before a time certain jury trial, the case settled for $2,250,000.00. This settlement has been reported to the Florida Jury Verdict Reporter and is believed to be one of the largest wrongful death settlements of its kind in Putnam County/Palatka Florida. |
