Law is not black or white, it's grey

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Wrongful death lawyer overdose sober home halfway house lawsuit Palm Beach, Florida

WHO CAN SUE IN A FLORIDA WRONGFUL DEATH CASE FOR A SOBER HOME HALF WAY HOUSE IN PALM BEACH COUNTY? 

PROFITS OVER PEOPLE 

Delray Beach is the recovery capital of the United States.  Parents send their kids to Florida to get clean and sober. 

In 2015 there were 257 fatal overdoses related to opioids (heroin and synthetics like fentanyl and carfentanil) in Palm Beach county, Florida. Fentanyl is 100 times more potent than morphine.  Carfentanil is 10,000 times more potent than morphine.  

2016 there were 549 fatal overdoses related to opioids in Palm Beach county, Florida. 

A normal dose for the antidote for an opiod overdose, Narcan, was .5 mg.  Today, it requires up to 10 mg. 

In 2016, there were approximately 4,600 overdoses in Palm Beach county.  Some of those deaths were preventable and caused by the negligence of the owners, techs and employees of sober homes and half way houses.  Some overcharge for lab fees, fraudulently bill insurance companies for services not rendered and engage in kickbacks.     

PERSONAL REPRESENTATIVE FOR ESTATE  

In Florida, the personal representative of the estate may bring a wrongful death claim.  The personal representative brings the action on behalf of all the beneficiaries and the estate. Typically, those beneficiaries are family members like the spouse, kids, or adopted kids.  The personal representative must be a Florida resident at the time of the decedent’s death.  However, there are exceptions.  Exceptions include a legally adopted child or an adoptive parent of the decedent, someone related to the decedent by lineal consanguinity, decedent’s spouse, brother, sister, uncle, aunt, nephew, or niece or someone related by lineal consanguinity.

Also they must be an adult, and a person who is physically and mentally competent to discharge the duties of the PR.  Convicted felons are ineligible.   

In Florida wrongful death cases that happen at a sober home and halfway houses, a parent is often the personal representative for the estate. However, the wrongful death act provides that in order for the parents to recover for their mental pain and suffering, the child must be a minor less than 25 years old.

WHAT KIND OF DAMAGES ARE RECOVERABLE?

Generally, there are two basic categories of damages that may be recoverable under Florida's wrongful death act. Damages recoverable by the decedent’s survivors and damages recoverable by the decedent’s estate. Damages which are allowed to the estate are separate and distinct from damages allowed to the decedent’s survivors. 

Generally, damages include medical expenses caused by the tortfeasor (person responsible), funeral and burial expenses, lossaof support, loss of services, mental pain and suffering, loss of companionship, loss of future earnings. 

WHAT NEEDS TO BE PROVEN IN A WRONGFUL DEATH CASE? 

Generally, a cause of action for wrongful death must be based on the following elements: 

  1. conduct that amounts to a wrongful act, negligence, default, or breach of contract warrantee;  
  1. the conduct upon which the cause of action is based must've caused the death of the decedent; and  
  1. such conduct must've been entitled the person injured to maintain an action and recover damages if the death had not ensued. 

If your loved one died as a result of the negligence of a drug addiction treatment center, sober home or half way house in Palm Beach county Florida or anywhere in Florida, we may be able to help you recover damages.  Florida law provides for a very short statute of limitations (time frame to bring a lawsuit).  Call today. 
 

-Grey 

561-686-6886 

West Palm Beach Florida wrongful death sober home half way house lawyer 

“Law is not black or white, it’s Grey”